Question: What Is “Incurred Risk” In A Civil Case? Answer: It Is A Conscious & Deliberate Course Of Conduct With Knowledge of Circumstances. TRANSPO is a public transportation corporation and ...
Does “Puffery” Amount to Actual Deception? Let’s see what the Indiana Supreme Court found?
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. ...
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 ...
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...
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...
Stolen Money Equals Unjust Enrichment.
Question: Can a former spouse keep money given to her by her ex-husband that was stolen from his employer? Answer: NO. Stephen McAninch stole over $4 million from his employer during and after his m...
The 5th Amendment Does Not Protect You From Being Sued In A Civil Case When You Have Been Charged With A Crime!
Question: Can someone charged with a crime stay the civil case connected with that charged crime until the criminal case is over? Answer: Probably Not. On September 23, 2011, the State of Indiana fi...
Hammond Indiana’s Municipal Gun Regulation Is Void Pursuant To Indiana Law.
Question: Can you challenge a gun regulation that violates state law when it is not enforced and void as a matter of law? Answer: No, since you will not have standing without the regulation being en...
Insurer Can Enforce Arbitration Provisions In Its Policy.
Question: Can an insurer force its insured to arbitration instead of having their case heard by a jury? Answer: Yes, if policy allows for arbitration. This case arises from a motor vehicle collision...