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 ...
Can Officer Lie To Gain Entry Into Your Home?
Question: Can Officer Lie To Gain Entry Into Your Home? Answer: No! Under the 4th Amendment, searches and seizures inside a home without a warrant are presumptively unreasonable. Physical entry of the...
Can A Juror Be Replaced Once Deliberations Have Begun?
Question: Can A Juror Be Replaced Once Deliberations Have Begun? Answer: Yes, But Only In Extreme Cases. Trial Rule 47 provides: “Alternate jurors … shall replace jurors who, prior to the time the...