How a Prior Case Can Impact Your Current Case: Issue and Claim Preclusion
While going through my weekly review of Indiana Supreme Court and Court of Appeals decisions, I...
Court of Appeals Revisits Disclaimers and Integration Clauses in Contracts
This past week, the Indiana Court of Appeals had an opportunity to address the role of...
The Error in the Politicization of Judicial Retention Votes—Ind. Justice David
This morning, I read an article from the Greenfield Daily Reporter entitled “Critics call for ‘no’...
Fraternity & University Liability for Hazing and Other Acts
**UPDATE** The plaintiff, Mr. Yost, sought transfer of this case to the Indiana Supreme...
The Voluntary Payment Doctrine— The Most Profoundly Evil Legal Doctrine
This week’s post is dedicated to what I, and many others, consider to be a profoundly...
Court Finds Hospital Can be Liable Where Doctors Were Apparent Agents and Claims Against the Doctors Could No Longer be Brought
Yesterday, the Indiana Court of Appeals issued an important decision that impacts both medical malpractice law...
New Decision Provides No Clear Answer to Complex Medical Malpractice Issue
**UPDATE** The Indiana Supreme Court granted transfer, thereby vacating the Court of Appeals’ opinion. On review, the...
Indiana Court Expands Interpretation of Consumer Protection Law
Indiana, like many of her sister states, has a law on the books to protect consumers....
Can I Make a Federal Case Out of It?
By now you have certainly heard someone use the phrase “don’t make a federal case out...
The Legal Doctrine of Res Ipsa Loquitur
Have you ever wondered what would happen if you were just walking down the street and...