News & Blog
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?
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...
Corporate Negligence Liability Does Not Depend on Whether a Particular Employee Is Liable; Hogan v. Magnolia Health Systems
Corporations are often liable for personal injuries due to a particular employee’s negligence. What happens if the employee is not liable?
Contracts to Improve Real Estate and Forum-Selection Clauses; The Sullivan Corporation v. Rabco Enterprises
Forum-selection clauses are common in many kinds of contracts. But you may not know that these clauses are sometimes void, as this case shows. Sullivan hired Rabco for a construction project in Noblesville. The contract contained a forum-selection clause, which...
The plaintiff in this case got the dream of every plaintiff’s attorney—a default judgment against a defendant with an apparent ability to pay. But the case was not done, because the defendant showed up to defend himself in a damages trial. This case is about that trial, and how the trial court erred when assessing damages.
A Plaintiff Needs to Prove Damages, Even if the Defendant Is Precluded From Proving Its Case; McLean v. Trisler
This case involves some defendants who behaved VERY badly. And it also shows that a plaintiff cannot rest on its laurels when encountering such behavior.
Curing a HICA Violation Does Not Relate Back to Original Agreement; McGraw Property Solutions, LLC v. Jenkins
The last case shows that a contractor cannot get around HICA’s provisions by refusing to bill a homeowner. This case addresses another way that a contractor tried to get around HICA’s provisions—by arguing that an amended version of the contract related back to the...
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