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 signing of the original contract.
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.
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.
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.
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.
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.
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 who hurts another is a coach.
Tenant must give information about disability to get emotional support animal; Furbee v. Wilson
This case is a word of warning to those who are disabled—you may need to prove your disability, rather than just claim it, in order to get an accommodation.
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.
Res Ipsa Loquitur and Summary Judgment; Griffin v. Menard, Inc.
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.
The duty to update incorrect deposition testimony; University of Notre Dame v. Bahney
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.
Court sets bright-line rule on continuity of ownership; New Nello Operating Co., LLC v. CompressAir
Last May, we told you about a decision from the Court of Appeals dealing with liability after an asset-only purchase. The Court of Appeals found that there was a de facto merger when the assets were bought, so the new company was liable for the debts of the old. The Indiana Supreme Court was sufficiently intrigued by this subject to grant transfer.
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.
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 as a result of a particular employee’s negligence. But what happens if the particular employee at issue is not liable?
De facto merger can happen even without continuity of ownership; New Nello Operating Co LLC v. CompressAir Update
Last July, we told you about a Court of Appeals decision dealing with whether a CGL policy covered a cyberware attack. That court held that there was no coverage. But the Indiana Supreme Court granted transfer and decided that there are issues of fact that must first be resolved.
What exactly are the premises of a church? Henderson v. New Wineskin Ministries Corporation
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.
A non-party must intervene to quash a subpoena to another non-party; 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.
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.
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.
A burst sewage pipe causes a legal mess; Castleton Corner Owners Association, Inc. v. Conroad Associates, L.P.
This is a commercial case that arises from an unfortunate situation—a malfunctioning sewer lift station that flooded a retail shop in Castleton.