News & Blog
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...
Proving Causation in Damages-Only Trial; Renner v. Shepard-Bazant
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...
Value of Services, Not Amount Billed, Governs Application of HICA; Kluger v. J.J.P. Enterprises, Inc.
Indiana’s Home Improvement Contracts Act (HICA) protects homeowners by requiring that contractors doing home improvements give the homeowner certain information. But the Act does not apply to de minimis improvements—when the contract price is below $150. The question...
Valuing Noncontrolling Shares of Private Corporations; Hartman v. BigInch Fabricators & Construction Holding Co., Inc.
People often disagree about how to run a business, and sometimes those disagreements can be so fundamental that the parties decide to split ways.
Indiana Supreme Court Rejects Arbitration-by-Estoppel; Doe v. Carmel Operator, LLC
Arbitration agreements are a regular part of everyday commercial life, even for consumers. And these agreements generally bind the parties to arbitration. The question posed in this case is the circumstances under which those agreements apply to nonparties. Jane Doe...
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...
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