Does “Puffery” Amount to Actual Deception? Let’s see what the Indiana Supreme Court found: In 2007, Defendant Hubler Nissan, Inc. placed an ad on AutoTrader.com for a 1996 Mitsubishi Eclipse. ...
Is A Car A “Place” Under The Criminal Recklessness Statute?
Garcia and Salazar were both members of the Vatos Locos gang until Salazar defected. Salazar and his uncle were in a car driving in downtown Goshen. While they were stopped at an intersection, a veh...
Will You Be Forced To Testify Against Yourself With The Granting Of Immunity?
Question: Will You Be Forced To Testify Against Yourself With The Granting Of Immunity? Answer: Not When a prosecutor has neither filed a charge, nor initiated a grand jury proceeding! In 2010, S.C....
Are Noncompete Agreements Enforceable In Indiana? Yes, if properly limited, but not in this case!
As an independent contractor, Daniel Buffkin began working as a “sales recruiter” for Glacier Group (“Glacier”) in August 2008. Glacier provides recruiting and placement services in the field ...
Can The Police Bring A Drug Sniffing Dog To Your Front Door Without Probable Cause?
Question: Can The Police Bring A Drug Sniffing Dog To Your Front Door Without Probable Cause? Answer: Yes, since individuals do not harbor an expectation of privacy on a front porch where salesmen, ...
What Are Punitive Damages? Who Gets What If Punitive Damages Are Awarded?
Punitive damages, sometimes known as “exemplary damages,” are intended to punish and thereby deter blameworthy conduct. They are an ancient remedy. (Note the Code of Hammurabi authorized a tenfold...
Do Attorneys Need To Watch What They Say To Opposing Counsel?
Question: Do Attorneys Need To Watch What They Say To Opposing Counsel? Answer: Absolutely, or be subjected to discipline! In a recent case before the Indiana Supreme Court, an attorney was subject...
What Could Happen If You Miss The Date For A Medical Malpractice Submission?
Question: What Could Happen If You Miss The Date For A Medical Malpractice Submission? Answer: Dismissal of the Claim and Legal Malpractice! In 2007, Evelyn Holmes died after suffering complications...
There Is A Difference Between Fault For Accident and Mitigation Of Damages!
On July 2, 2008, Banter was driving his car and was stopped, waiting to make a left turn, when Sheets, who was in his car and approaching Banter’s car from the rear, made a sudden maneuver and struc...
Damages for Wrongful Death of a Child.
Indiana’s Limitations Relating To The Parents’ Recovery For The Death of Their Child in 1998. [Note, Indiana Law has changed on the amount of recovery for a single adult since 1998] Parents filed ...