Question: Can a healthcare provider have liability for a Health Insurance Portability and Accountability Act (HIPAA) violation by its employee, when employee’s actions were done in violation of comp...
What is a “recorded recollection” and how does it relate to the hearsay rule?
Question: What is a “recorded recollection” and how does it relate to the hearsay rule? Answer: This rule allows a witness to refresh their recollection from a writing and potentially put that wri...
Do bar owners owe a duty to protect their invitees from a “sudden” brawl in their bar?
Question: Do bar owners owe a duty to protect their invitees from a “sudden” brawl in their bar? Answer: Businesses must exercise reasonable care to protect their patrons from foreseeable harms, b...
What is marital privilege?
Question: What is marital privilege? Answer: A rule of evidence that prevents a court from requiring a spouse to testify as to confidential marital communications, but does not bar the spouse from tes...
The Law Offices of David Gladish, P.C. has again selected as a member of the “Best Law Firms” by US News & World Report.
The Law Offices of David Gladish, P.C. has again selected as a member of the “Best Law Firms” by US News & World Report. I would like to thank our many clients, friends and peers in th...
What is the “Golden Rule” and are attorneys allowed to use it during their closing arguments?
Question: What is the “Golden Rule” and are attorneys allowed to use it during their closing arguments? Answer: The “Golden Rule” is a rule from the Bible that states “do unto others as you ...
What do you have to prove in order to establish a claim of false imprisonment?
Question: What do you have to prove in order to establish a claim of false imprisonment? Answer: The tort of false imprisonment occurs when there is an (1) unlawful (2) restraint (3) upon one’s free...
What injuries are covered by worker’s compensation?
Question: What injuries are covered by worker’s compensation? Answer: Those injuries that arise out of employment relationship. See below. The claimant bears the burden of proving a right to compens...
What are “attractive nuisances”
Question: What are “attractive nuisances” in the State of Indiana? Answer: Conditions on land that children may not be mature enough to understand the dangers associated with trespassing and the l...
What does a separation of witnesses mean in a trial?
Question: What does a separation of witnesses mean in a trial? Answer: The purpose of a separation of witnesses order is to prevent the testimony of one witness from influencing that of another. Once ...