News & Blog
Last July, we told you about a Court of Appeals decision dealing with whether a CGL policy covered a cyberware attack. That court held that there was no coverage. But the Indiana Supreme Court granted transfer and decided that there are issues of fact that must first...
Are There Limits to the Economic Loss Doctrine?; The Residences of Ivy Quad Unit Owners Association, Inc. v. Ivy Quad Development, LLC
The economic loss doctrine prevents a party who suffers only economic damages from recovering those damages in tort. But this case shows that the Court of Appeals may be open to limiting its application in appropriate cases. Ivy Quad is a condominium complex in South...
Last May, we told you about a decision from the Court of Appeals dealing with liability after an asset-only purchase. The Court of Appeals found that there was a de facto merger when the assets were bought, so the new company was liable for the debts of the old. The...
April 2021’s Law Club was held virtually in order to practice safe social distancing during the COVID-19 pandemic. However, the session was recorded and is available to view here! You can also download a copy of the handout here. Learn more about previous Law Club...
This case centers on the extent to which a party must update the incorrect testimony of one of its witnesses and the proper remedy if it does not do so.
Sometimes parents do things for their children that are well-meaning, but not REALLY meant. This case shows the consequences of one of these kinds of decisions.
What Is the Minimum Necessary for an Expert to Show Familiarity with the Standard of Care?; Scholl v. Majd
In this case, the plaintiff’s attorney encountered a nightmare for any proponent of an expert witness—the witness started saying unnecessary things that could call his qualifications as an expert into question. The situation was so bad that the trial court entered a directed verdict for the defense. But was that correct?
A Burst Sewage Pipe Causes a Legal Mess; Castleton Corner Owners Association, Inc. v. Conroad Associates, L.P.
This is a commercial case that arises from an unfortunate situation—a malfunctioning sewer lift station that flooded a retail shop in Castleton. The issues on appeal deal with expert opinions and the proper amount of damages, which can inform just about any case.
Lawyers have long sought to take the Latin out of the legal lexicon. But there are still a few holdouts, such as the doctrine of res ipsa loquitur. This case addresses the burden a defendant must meet in order to get summary judgment when that doctrine is at issue.
Indiana has enacted statutes that deal with premises liability for nonprofit religious organizations. But the statute does not define what the “premises” of such an organization is. Instead, that was the task of the Court in this case. Henderson drove to New Wineskin...
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