News & Blog

Four years ago, the Indiana Supreme Court changed the way that Indiana’s courts addressed the issue of foreseeability when determining whether a landowner owed a duty to an invitee. Indiana’s appellate courts have grappled with this new standard ever since. But it...

A plaintiff can avoid Indiana’s Tort Claims Act if he can prove that a governmental employee’s act or omission was “clearly outside the scope of the employee’s employment.” But what is clear to one person may be muddy to the next. In this case, the Court helped teach...

Sometimes business owners reach for creative solutions in order to keep their businesses afloat. And those solutions can include an attempt to avoid debts. But Indiana’s courts have built a body of law to deal with these situations, and having a new business take over...

Indiana’s Product Liability Act contains a ten-year statute of repose, which one could safely characterize as unartfully drafted. This case deals with sloppy drafting and the way that courts deal with it. Estabrook was injured in 2014 by a machine his employer bought...

What damages are available is a driving factor behind many lawsuits. After all, if there is not much damage, then someone may decide that a lawsuit is not worth the effort. This case supports an argument for a broader interpretation of what damages are available in...

Lawyers are trained to follow clear statutory guidance. And nothing is clearer than a statute that says that a task “shall” be accomplished within a specific period of time. But as this case shows, there may be exceptions to these bright-line rules. The DCS initiated...

In a companion case, the Court applied its rationale in Blair to a similar fact pattern. This is not especially noteworthy. What makes this case worth noticing for our purposes is how the Court treats issues of waiver. Alialy obtained a mortgage on his home in 2007....

The statute of limitations on a breach of contract can be really long, and it may seem unfair to allow the non-breaching party to sue long after the breach occurs. The question before the Court in this case is whether equity will step in once enough time has passed....

Schmidt was a passenger in Fisher’s car when it was struck by Bromley’s vehicle. Schmidt was injured in the accident. Fisher’s underinsured motorist coverage was higher than Bromley’s policy limits, and Schmidt qualified as an “insured” under Fisher’s policy....

Some attorneys are careless, and many times they can get away with that carelessness.But careless attorneys can really hurt their clients, particularly when their mistakes are inexcusable. Medex is a company that provides non-emergency medical transportation services....