News & Blog
February 25, 2021 Law Club
February 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...
Civil Rights Claims and Quasi-Judicial Immunity; Melton v. Indiana Athletic Trainers Board
Molly Melton is an athletic trainer licensed by the Athletic Trainers Certification Board. The members of the Board are appointed by the governor and can impose disciplinary sanctions. While working as an athletic trainer at a School, Melton, then twenty-three years...
A Non-Party Must Intervene to Quash a Subpoena to Another NonParty; Kelley v. Kelley
One may think that a person can always move to quash a subpoena directed to their records, even if the records are kept by a third-party. And this may be true—but you need to follow the proper procedure, or your efforts will come to naught. Kristy and Clay Kelley...
Premises Liability and Dangerous Animals; Perkins v. Fillio
This case arises from injuries a woman suffered while trying to care for a goat on another woman’s farm. It involves interesting questions around premises liability—so interesting that this is the second appeal we have reported on in this case. And while the first...
$112 Million Verdict is Not Excessive; Warsaw Orthopedic, Inc. v. Sasso
Dr. Rick Sasso is a renowned spinal surgeon and inventor of technology used in spinal surgery. Sasso assigned certain intellectual property rights, including patents, to Medtronic and was promised royalties in return. Sasso was not receiving all the royalties that he...
A Coach Is a Sports Participant
When people play sports, they sometimes get hurt. And Indiana law recognizes that when someone is hurt by another sports participant, there is generally no liability. That is also true if the participant that hurts another is a coach. C.G. was a freshman basketball...
What Process Is Due in Tax Sale Cases?; Indiana Land Trust Company v. XL Investment Properties
People are always entitled to due process before their property is taken away in a judicial proceeding. But this begs the question—what process is due in a particular case? In this case, the Indiana Supreme Court dealt with this question in tax sale cases, and the...
Indiana Courts Care about Standing; Indiana Family Institute Inc. v. City of Carmel
The recent news has discussed whether various parties have standing to challenge the 2020 presidential election in various federal courts. But federal courts are not alone in caring about standing, as this case shows. Indiana passed the Religious Freedom Restoration...
CCS Entry Extends Summary Judgment Deadline; Jernagan v. Indiana University Health
As we all know, Indiana has strict deadlines when it comes to summary judgment, and they are strictly enforced. But this case shows that the Court of Appeals will not elevate form over substance on this deadline. Dr. Ritter performed spinal surgery on Jernagan at the...
Failing to Identify Negligent Physicians in a Proposed Complaint Does Not Bar Vicarious Liability Claims; Anonymous Hospital v. Spencer
An employer is, of course, vicariously liable for the negligence of its employees when they act in the course and scope of their employment. But Indiana has erected procedures around the way in which plaintiffs may bring medical malpractice claims. The question in...
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