Third Circuit Joins Second, Ninth, and Tenth Circuits on Complicated Issue of American Pipe Tolling in Class Actions
We have twice addressed the issue of American Pipe tolling, whereby the claims of absent class members are...
Seventh Circuit Examines Effect of Failing to Timely File Opposition to Motion for Summary Judgment
We have discussed the nuances of the governing standards for summary judgment in both Indiana and...
Indiana Court of Appeals Reminds that Bars are Liable for Foreseeable Attacks on Patrons by Other Patrons
Today, we once more travel the increasingly well-worn path of examining the question of when a...
Seventh Circuit Recognizes Reckless Driving by Police Can Violate Fourteenth Amendment and Reinstates Failure-to-Train Monell Claim
Today, we focus primarily on an opinion handed down last week by the Seventh Circuit in Flores...
Indiana Supreme Court Reminds of Obligation to Timely File Notice of Appeal After Interlocutory Appeal Accepted
This week, we take a quick peek at an aspect of Indiana appellate procedure that is...
Is Administrative Feasibility a Requirement for Class Certification? Eleventh Circuit says, ‘No’
Last week, we discussed the numerosity requirement embodied in Federal Rule of Civil Procedure 23(a)(1) as the initial requirement for...
Seventh Circuit Takes Rare Deep Dive into Numerosity
After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a...
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...
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...
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...