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Forced arbitration: losing our rights

Corporate America has a new shield: forced arbitration. Most every time you buy a cell phone, subscribe to a cable television service, or place a loved one in a nursing home, corporate America is requiring you to give up your rights.

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Injuries in the workplace

Workplace injuries are inevitable and while preventable, occur frequently, especially in industries where the workforce performs manual labor. Industries or jobs requiring employees to operate heavy machinery or equipment pose a greater risk to employee safety.

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Causing a criminal prosecution can be a basis for a malicious prosecution claim; Hall v. Shaw

When Melvin Hall left his employment at the Central Indiana Protection Agency, Inc. (“CIPA”) and started a competing company, the owners of CIPA (Shaw and Narducci) were not happy and allegedly engaged in a coordinated campaign to defame Hall and drive him out of business. Hall subsequently sued Shaw, Narducci and CIPA for defamation, abuse of process, malicious prosecution and intentional infliction of emotional distress.

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De facto merger can happen, even without continuity of ownership; New Nello Operating Co., LLC v. CompressAir

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 for the old will not work if it qualifies as a de facto merger.

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The tort claims act and scope of employment; Burton v. Benner

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 us what this exception means.

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Indiana Supreme Court revisits landowner duty and foreseeability; Cavanaugh’s Sports Bar & Eatery, Ltd. v. Porterfield

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 appears that the Supreme Court did not like the path that the Court of Appeals was on and felt the need to issue a correction.

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