After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v. State and Staat v. INDOT, dealing with issues relating to governmental immunity for roadways accumulating water that was dangerous to drivers.…
Firm News
Seventh Circuit Reminds that Spokeo Standing is a Double-Edged Sword
Sometimes it is utterly astonishing just how quickly time flies. It seems like only yesterday that the Supreme Court of the United States had granted certiorari in a case from the Ninth Circuit then-called Robins v. Spokeo, Inc. The question presented to the Supreme Court was “[w]hether Congress may confer Article III standing upon a plaintiff who suffers no concrete…
Does Video Evidence Change the Summary Judgment Standard? Supreme Court of Florida Sheds Light
This week, we again are presented with few cases from Indiana’s appellate courts from which to choose for our discussion. Nevertheless, we are not wholly lacking for interesting topics. Thanks to a recent decision from the Supreme Court of Florida, we have an opportunity to once again discuss the meaningful distinction between the summary judgment standard applied in federal courts…
Can a Virtual Presence Satisfy the Requirements for Negligent Infliction of Emotional Distress?
While still a student, I wrote what would become my first published law journal article, which was on the topic of negligent infliction of emotional distress (“NIED”). Since then, I have remained fascinated by that particular tort. Part of my fascination derives from the somewhat arbitrary bases used for determining who may and who may not recover under the tort’s…
Indiana Court of Appeals Clears Up Misconception, Rules Plaintiff Can Sue Employer Without Suing Employee
Many more moons have passed than I care to count since we first discussed the doctrine of respondeat superior. (To borrow, a line, “I don’t remember growing older”). Translated from Latin to English, the doctrine means to let the master answer. It obligates a principal to be liable for the acts of its agent done within the course and scope…
Challenging Adequacy of Amount in Controversy After Removal Under CAFA
Once again, our discussion takes us outside of Indiana as we look to a recent opinion from the Ninth Circuit that sheds some important light into how to challenge removal of class actions to federal court under the Class Action Fairness Act (“CAFA”). Before we dive into Harris v. KM Industries, Inc., we first need to take a look at…
Cross-Jurisdictional Tolling in Class Actions: Chavez v. Occidental Chemical
It has been fairly quiet in the realm of interesting civil caselaw out of the Seventh Circuit and Indiana appellate courts. As a result, this week, we cast our net a bit broader to snag a recent decision from New York’s highest court, which answered a question certified to it by the Second Circuit, that provides an opportunity to discuss…
Indiana Court of Appeals Reminds Hospital Can be Liable for Acts of Independent Contractors
After a couple fairly quiet weeks in Indiana and Seventh Circuit caselaw, this week, the Indiana Court of Appeals and the Seventh Circuit have handed down several notable cases. As always, the Hoosier Litigation Blog has you covered. Our primary focus will be on the question of when a healthcare provider may be held liable for the acts of an…
Indiana Court of Appeals Sheds Further Light on Property Owner’s Duty to Protect Invitees from Criminal Acts
Today’s discussion takes back to one of the most meaningful and still developing issues in Indiana personal-injury law: the question of under what circumstances does a property owner owe a duty to protect invitees to the property from criminal acts. The law is clear, landowners are not insurers of their invitees’ safety. That does not mean, however, that a landowner…
Who is Protected from Civil Liability by Indiana’s Good Samaritan Law?
In today’s installment of the Hoosier Litigation Blog, we look to a recent decision from the Indiana Court of Appeals that provided a rare look at the breadth and scope of Indiana’s Good Samaritan Law (the “GSL”). The case is McGowen v. Montes, which was issued last week. While I support the utility of Good Samaritan laws, I think the…