News & Blog
Claims Regarding the Maintenance of Health Records Fall Under the Medical Malpractice Act; Cortez v. Indiana University Health, Inc.
The defendants in this case altered medical records and failed to disclose this multiple times. When the plaintiffs eventually discovered this, they filed suit. The question is whether this kind of claim must be brought under Indiana’s Medical Malpractice Act. Santos...
You Need to Identify Other Class Members to Certify a Class; Dempsey v. Winski
Not every lawyer has litigated a class action, and they are a different kind of animal. In order to certify a case as a class action, you need to convince the court that the case is amenable to class certification. This involves proof on each factor in a multifactor...
Good Samaritan Law Protects Those Seeking Emergency Care for Others; McGowen v. Montes
Indiana has enacted a Good Samaritan Law (GSL) that immunizes people who are responding to emergencies with emergency care. This case questions how broadly those immunities apply. Early one foggy morning, McGowen was driving a semi-tractor owned by his employer,...
Child Has Claims Against a Bad Dad; Anonymous Physician 1 v. White
This case involves an unusual situation—a child suing his father for impregnating his mother. These kinds of lawsuits are normally not allowed because Indiana does not recognize a claim for wrongful life. But the situation is different when the father is a physician...
Negligence Per Se Has Two Meanings, and They Should Not Be Confused; Gresser v. Reliable Exterminators, Inc.
If you are a litigator, you likely know that an act is negligent per se if it is done in violation of a statute. But this case points out that this could mean one of two different things: that the violation of a statutory duty can be enforced through a private right...
December 17, 2020 Law Club
December 17, 2020'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...

Carol Nemeth Joven Featured by Indiana University’s LAMP
Indiana University's Liberal Arts and Management Program (LAMP) recently featured Price Waicukauski Joven & Catlin, LLC's Carol Nemeth Joven in an article on their website. Carol graduated from Indiana University in the class of 1991 when the LAMP was a then...
You Need Evidence of Excusable Neglect; Denny v. Vanoy
The issue of excusable neglect often arises in the context of motions under Rule 60(B). And this case shows that when proving excusable neglect, you need to provide more than just argument.
No Res Judicata if You Dismiss Your Claims; Brimmer v. Binz
You may think that a favorable outcome in a case is res judicata and prevents relitigating previously litigated issues. But while this is generally true, it is not a universal truth.
Dangerous Horses May Be Treated Differently than Dangerous Dogs; Burdick v. Romano
Apparently, lawsuits involving dangerous horses are governed by a different set of rules than claims involving other dangerous animals if the riders are engaged in a sporting activity at the time of the injury.
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