Question: Can Hospitals Have Liability For The Acts Of Independent Contractor Physicians That They Employ? Answer: Yes. In the area of hospital liability, there has been an ongoing movement by courts ...
What does the tolling of the statute of limitations mean?
Questions: What does the tolling of the statute of limitations mean? Answer: It allows for an extension for filing a claim in certain circumstances. Indiana provides that an action for injury to perso...
Are you entitled to diminution in value of your vehicle involved in a collision?
Question: Are you entitled to diminution in value of your vehicle involved in a collision? Answer: Maybe. Under common law tort doctrines, the measure of damages recoverable from a tortfeasor is gener...
Can you sue a state in federal court for its violation of your constitutional rights?
Question: Can you sue a state in federal court for its violation of your constitutional rights? Answer: Not unless the state waives its immunity under the 11th Amendment. The 8th Amendment, which appl...
Does a landlord have liability when their tenant’s dog bites someone?
Question: Does a landlord have liability when their tenant’s dog bites someone? Answer: Maybe. To prevail on a claim of negligence plaintiffs must show: (1) duty owed to plaintiff by defendant; (2) ...
What is the “Bystander Rule”?
Question: What is the “Bystander Rule”? Answer: Standard for negligent infliction of emotional distress. To recover for negligent infliction of emotional distress, a plaintiff must sustain a direc...
What is the amount of a worker’s compensation lien relating to third party injury case?
Question: What is the amount of a worker’s compensation lien relating to third party injury case? Answer: In order to establish its lien, the insurance carrier must prove a causal nexus between the ...
Does A Strip Search Violate a defendant’s 4th Amendment Rights?
Question: Does A Strip Search Violate a defendant’s 4th Amendment Rights? Answer: Not if A Lawful Arrest Has Been Made As Long As The Search Is Not Extreme or patently abusive. Indiana and federal c...
Do Attorneys Need To Watch What They Say To Opposing Counsel and their clients?
Question: Do Attorneys Need To Watch What They Say To Opposing Counsel and their clients? Answer: Absolutely, or be subjected to discipline! An attorney sent a letter to opposing counsel for the child...
What do you need to show to prove a conspiracy to violate someone civil rights?
Question: What do you need to show to prove a conspiracy to violate someone civil rights? Answer: There are 4 elements. If 2 or more persons in any State conspire for the purpose of depriving, either ...