Question: Are there people in our society that are not required to testify as to communications with another person? Answer: Yes, but they are limited and may be waived by certain conduct. Under India...
What is the statute of limitation for a childhood sexual abuse case?
Question: What is the statute of limitation for a childhood sexual abuse case? Answer: There are three (3) different statutes of limitations. Under Indiana’s discovery rule, a cause of action ac...
How does breaking news affect the “Bystander Rule”?
Question: How does breaking news affect the “Bystander Rule”? Answer: The “Bystander Rule” allows recovery for negligent infliction of emotional distress if a claimant can esta...
Can you overturn a default judgment?
Question: Can you overturn a default judgment? Answer: Yes, when there is a showing of excusable neglect and a meritorious defense. When a law suit is filed and a defendant fails to timely answered th...
What does an “Act of God” mean in civil cases?
Question: What does an “Act of God” mean in civil cases? Answer: Acts of God may negate liability. An act of God is the manifestation of a superhuman power which breaks the chain of causat...
Can a suspended attorney’s staff continued to carry on the business of law?
Question: Can a suspended attorney’s staff continued to carry on the business of law? Answer: No. To practice law is to carry on the business of an attorney at law. The practice of law is not de...
What exposure is there for carrying out an “inherently dangerous activity”
Question: What exposure is there for carrying out an “inherently dangerous activity”? Answer: Strict liability for damages caused. See below. This doctrine, provides: (1) One who carries o...
Can an insurance company require an insured to go through arbitration?
Question: Can an insurance company require an insured to go through arbitration instead of having their case filed in a trial court and heard by a jury? Answer: Yes, if policy allows for arbitration. ...
Can there be worker’s compensation for an injury that occurs while you are walking to or from your car to retrieve work related items while on the job?
Question: Can there be worker’s compensation for an injury that occurs while you are walking to or from your car to retrieve work related items while on the job? Answer: Yes. The Indiana Worker&...
When is a case frivolous?
Question: When is a case frivolous? Answer: If the court finds that the case is groundless and litigated in bad faith. Indiana follows the American Rule in which both parties pay their own fees. In th...