Are lab results a business record?
Business records are evidence in many kinds of proceedings. And it appears that there is some disagreement in Indiana’s appellate courts regarding what constitutes a business record and what does not.
Health care whistleblowers protected by absolute privilege; Abbott v. Individual Support Home Health Agency, Inc.
Some kinds of speech are protected by various legal privileges. The most powerful of these privileges is the absolute privilege because it is a complete defense to a claim based on that speech.
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.
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.
Negligence per se has two meanings, and they should not be confused; Gresser v. Reliable Exterminators, Inc.
The violation of a statutory duty can be enforced through a private right of action or that the violation demonstrates a violation of a common-law duty of care. This difference can have a meaningful difference in litigation, as this case shows.
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.
Do CGL policies cover cyberattacks? G&G Oil Co. of Indiana v. Continental Western Insurance Company
Ransomware and other cyberattacks are a consistent threat to businesses. Some buy cyberattack insurance in order to share that risk. But others do not. The question posed by this case is whether those others may be covered by other kinds of insurance.
Suspect cannot be forced to unlock her smartphone; Seo v. State of Indiana
We do not normally address criminal cases (unless they deal with the Rules of Evidence), but sometimes there are exceptions. And the intersection between smartphones and self-incrimination is one of those exceptions.
If using exhibits, treat your Rule 12(B) Motion as a Rule 56 Motion; The 487 Broadway Company, LLC v. Robinson
The 487 Broadway Company agreed to buy a building from Calumet Township but before closing, the Township removed some lighted signs, pictures and artifacts causing damage to the building. 487 Broadway sued for negligence and breach of contract.
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.
What process is due in tax sale cases? Indiana Land Trust Company v. XL Investment Properties
People are always entitled to due process before their property is taken away in a judicial proceeding. But this begs the question—what process is due in a particular case?
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.
Indiana courts care about standing; Indiana Family Institute Inc. v. City of Carmel
The recent news has discussed whether various parties have standing to challenge the 2020 presidential election in various federal courts. But federal courts are not alone in caring about standing, as this case shows.
CCS entry extends summary judgment deadline; Jernagan v. Indiana University Health
As we all know, Indiana has strict deadlines when it comes to summary judgment, and they are strictly enforced. But this case shows that the Court of Appeals will not elevate form over substance on this deadline.
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.
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 who lied to the mother about her artificial insemination.
$112 million verdict is not excessive; Warsaw Orthopedic, Inc. v. Sasso
Dr. Rick Sasso is a renowned spinal surgeon and inventor of technology used in spinal surgery. Sasso assigned certain intellectual property rights, including patents, to Medtronic and was promised royalties in return. Sasso was not receiving all the royalties that he thought were owed and sued Medtronic for breach of two contracts.
Wrongful dissemination of private health information does not fall under Medical Malpractice Act
If someone at a hospital accesses and distributes a patient’s private medical information, what is the proper process that the patient should use to pursue their claims?
Trade secrets and spoliation; Carmichael v. Separators, Inc.
Separators is a centrifuge company. Over the course of its existence, it has amassed a large collection of reference materials, all of which have been digitized. Carmichael was Separators’ parts manager for eight years, and Monday was Carmichael’s assistant.
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.