Question: Under Indiana Law In 2014, Does A Lesbian Partner Have Parental Rights? Answer: NO, But that could be changing as a case is going to be heard in federal court. During the course of t...
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...
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 ...
Indiana Law Civil Statute of Limitations.
What Affect Does Indiana’s Two Year Statute of Limitations Have On Indiana’s Medical Malpractice Act? On April 3, 2006, two weeks after her obstetrician, Dr. Dobbs, performed a cesarean section an...
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...