Over the last decade on the Hoosier Litigation Blog, the perennial champion for most-read post has been Federal Diversity Jurisdiction and the “Gaping Hole Problem”. At the core of that discussion is the statute that establishes diversity jurisdiction in federal courts: 28 U.S.C. § 1332. It has long been my belief that the post was as heavily trafficked as it…
We have twice addressed the issue of American Pipe tolling, whereby the claims of absent class members are tolled during the pendency of a timely filed putative class action. In our most recent examination, we noted an issue that was tangential to our primary focus on cross-jurisdictional tolling—i.e. whether a putative class action pending in one jurisdiction triggers tolling for…
We have discussed the nuances of the governing standards for summary judgment in both Indiana and federal courts. We have even examined the propriety of filing a reply brief in support of summary judgment within an Indiana state court. We have not, however, addressed what happens when a party fails to timely respond to a motion for summary judgment. Courtesy…