This past week the Indiana Supreme Court handed down its concise decision in City of Indianapolis v. Buschman.The specific issue before the court was: when a claimant includes information in her tortclaim notice beyond that required by the Indiana Tort Claims Act, may...
Typically on the Hoosier Litigation Blog, we focus our discussions on decisions from one of the federal circuit courts—usually the Seventh Circuit—or an Indiana appellate court. This week we are breaking that usual mold and taking a look at a decision by a federal...
In this post we shall examine the perils of defendants failing to be specific and clear in a Federal Rule 68 offer of judgment. Our focus on Rule 68 stems from the Seventh Circuit decision Sanchez v. Prudential Pizza, Inc. Though the Sanchez decision may seem like a...
This week’s post is dedicated to one of the most important doctrines of law in existence – the Discovery Rule. We shall examine the concept of the Discovery Rule through the recent Indiana Court of Appeals decision Landers v. Wabash Center, Inc. authored by the former...
This week we take a look at one of the two primary jurisdictional means by which a case may be brought in federal court – id est federal diversity jurisdiction. In addition, we examine what has been referred to as the “Gaping Hole Problem” in diversity jurisdiction...
December 12, 2012, aside from being a numerical fascination, was a very important day in Indiana law. The Indiana Supreme Court handed down four companion decisions all attempting to expound upon an aspect of the availability prejudgment interest in tort cases under...
While going through my weekly review of Indiana Supreme Court and Court of Appeals decisions, I encountered a new Supreme Court opinion that was decided under the legal concept of issue preclusion. My first inclination was to write a discussion of the case, National...
By now you have certainly heard someone use the phrase “don’t make a federal case out of it.” While the phrase clearly has little application to how the law works, it does raise the concept that somehow a federal case means more than just a normal case. With this...
Have you ever wondered what would happen if you were just walking down the street and out of nowhere something fell on you and seriously injured you? If this thought has crossed your mind then you may have followed it down the logical trail and realized the serious...
We have all seen it on TV or in a movie; a smoke filled room nestled away in some big city police station with a wily old veteran detective staring down a perp trying to get him to crack. Then, the suspect shoots back, “You got nothin’ on me. That was 10 years ago....