Generally, we try to keep posts on the Hoosier Law Blog fairly accessible to both lawyers and non-lawyers. This post, however, is unavoidably esoteric. The cause for our discussion is the Indiana Supreme Court’s opinion Bayer Corp. v. Leach, from earlier today. The gravamen of the case is not overly controversial: where a complaint presents multiple sets of facts each…
Firm News
Seventh Circuit Addresses Attempt by Plaintiff to Seek Remand on Spokeo-Standing Grounds
Today, we look back to a prognostication I made twice—once in a post for the Hoosier Litigation Blog and the other for Litigation Commentary & Review: Can overzealous challenges to Article III standing lead to foreclosing defendants’ abilities to remove cases from state to federal court? The catalyst for returning to the topic is the Seventh Circuit’s recent decision Bryant…
Indiana Supreme Court Revisits Bar-Owner Liability for Injuries to Patrons, Leaving Caselaw Largely Undisturbed
Today’s discussion returns us to a topic we’ve examined with a tremendous amount of regularity, over the past two years: when is a possessor of land—almost invariably a business—liable for the criminal acts of one person on another. We first looked to the matter following the Indiana Court of Appeals’ ruling in Hamilton v. Steak ’n Shake Operations, Inc., which…
Indiana Court of Appeals: Calculating Statutes of Limitations for Actions Accruing on February 29th
Permanent Link Archived: https://perma.cc/FWE5-FL56 At the time of writing, we sit on the cusp of 2020. For those of us who have spent many decades subject to the Gregorian calendar, we are keenly aware that nearly every four years a leap day is added to the calendar, which is slotted into the 29th day of February. For those of you…
Indiana Court of Appeals: Medical-Malpractice Plaintiff Not Required to Settle with Healthcare Provider for Cap
Permanent Link Archived: https://perma.cc/7HB2-8NND As we’ve discussed, There was a time in federal litigation that an offer equivalent to what a successful plaintiff could receive at trial would act to render a lawsuit moot. At that time, the argument would often turn to the question of whether a defendant has actually offered something tantamount to “complete relief.” But that approach…
When Does CAFA Jurisdiction Cease After Class Certification is Denied?
Permanent Link Archived: https://perma.cc/E4P7-F7MJ We shift our attention to an interesting issue of federal class-action procedure that was well illustrated by two cases decided just a day apart: when does a federal court cease to have jurisdiction over a putative class action? As we’ve previously discussed, the Class Action Fairness Act (“CAFA”) permits federal jurisdiction over class action cases even…
Indiana Supreme Court Rules that Registered Agent is Not Basis for Preferred Venue
Permanent Link Archived: https://perma.cc/69RG-PDJE Today marks the 200th entry on the Hoosier Litigation Blog. In honor of that achievement, this is the first of three posts today and one of two that revisit prior discussions and stem from recent rulings out of the Indiana Supreme Court. First up, we return to two cases we discussed before: Morrison v. Vasquez and…
Indiana Supreme Court: Expert’s Professional Discipline History May be Admissible
Permanent Link Archived: https://perma.cc/69RG-PDJE Today marks the 200th entry on the Hoosier Litigation Blog. In honor of that achievement, this is the first of three posts today and one of two that revisit prior discussions and stem from recent rulings out of the Indiana Supreme Court. First up, we return to two cases we discussed before: Morrison v. Vasquez and…
Indiana Supreme Court Makes Substantial Addition to Wrongful-Death Procedures
Permanent Link Archived: https://perma.cc/EK89-YKNN Today’s discussion takes us to a recent ruling from the Indiana Supreme Court that delved into the often sparsely charted waters of wrongful-death estates. Under Indiana law, when a person dies as a result of the wrongful actions of another a claim may be brought by the beneficiaries of that decedent against the person(s) who caused…
Indiana Court of Appeals: Fistfights in Parking Lot are Type of Foreseeable “Rowdy Behavior” Sufficient to Make Bar Liable for Injuries to Patrons
Permanent Link Archived: https://perma.cc/GCB8-E3P9 (update not included in archived version) ***UPDATE*** The Indiana Supreme Court granted transfer in the Cavanaugh case, ruling that there was no duty owed. For discussion of that opinion, read our post titled “Indiana Supreme Court Revisits Bar-Owner Liability for Injuries to Patrons, Largely Undisturbed.” ***ORIGINAL POST*** Once more, we return to a topic that has…