It might sound ageist when someone moans about dangerous young drivers or says an older person should have hung up their car keys a long time ago. Yet, evidence suggests that those toward the extremes of driver age pose a greater danger to themselves and others. Here...
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In prior discussions, we’ve touched on the topics of federal jurisdiction and on removing putative class actions from state court to federal court. We have not, however, dedicated much time to talking about the process of removal in general. Last week, the Second Circuit handed down its decision in that provides us such an opportunity. Before we delve into Taylor…
The question of who is the right person or entity to bring a claim can be a complicated issue. Take, for example, claims under the Indiana Wrongful Death Statutes. If the claim arises under the General or Adult Wrongful Death Statutes, then an estate must be opened on behalf of the statutory beneficiaries of the decedent. If, however, the claim…
A little more than a month ago, we briefly noted that the Indiana Supreme Court had accepted two certified questions from the Seventh Circuit that sought to explore the meaning of “Patient” as applied in the Indiana Medical Malpractice Act. Today, we examine the Indiana Supreme Court’s answer to one of the questions and consider whether the concurring opinion should…
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…
Today, we once more travel the increasingly well-worn path of examining the question of when a business proprietor owes a duty to patrons to prevent harm caused by activities on the premises. We last discussed the topic following the Indiana Supreme Court’s opinion in Cavanaugh’s Sports Bar & Eatery, Ltd. v. Porterfield. The primary question in this area of law…
Today, we focus primarily on an opinion handed down last week by the Seventh Circuit in Flores v. City of South Bend, which provided tremendous insight into the question of when may a police department be held liable for the utterly reckless conduct of an officer who causes an automobile wreck by unnecessarily driving at break-neck speeds down urban streets.…