Archives for February 2012
by: Arend J. Abel, Attorney
On February 10, the Indiana Court of Appeals issued an opinion that has the potential to remake summary judgment procedure in the Indiana state courts. The opinion, Commissioner of the Indiana Department of Insurance v. Estate of Black, No. 64A05-1104-CT-240, holds that a party moving for summary judgment is not required to negate an element of the opponent’s case, but can simply assert that the opponent does not have enough evidence to create a jury question on one or more elements. That holding appears to conflict with the decision of the Indiana Supreme Court in Jarboe v. Landmark Cmty. Newspapers of Indiana, Inc., 644 N.E.2d 118 (Ind. 1994), and review of the issue by the Indiana Supreme Court on transfer, either in Black or in another case now seems highly likely.
Life is full of exciting moments…
by: Edward B. Mulligan V, Attorney
Do you know what Tort Reform is? Not quite sure? Well, you’re not alone; most Americans don’t. However, before you decide who to vote for in the November elections, it is critical that you be well-informed on this important issue. Don’t worry, I’m here to help.
What is a Tort?
The best place to start is by defining the word “tort.” And no, it’s not a dessert–that’s a torte with an “e.” A tort is a civil wrong arising from an act or failure to act for which an action for personal injury or property damages may be brought in civil court.
by:David Cutshaw, Attorney
The Indiana Court of Appeals recently ruled that a plaintiff in a medical malpractice case can have a hearing to determine whether the Indiana cap on medical malpractice damages is unconstitutional. In Plank v. Community Hospital, the plaintiff obtained a jury verdict of $8.5 million relative to the death of his wife who died when the defendant doctors failed to diagnose a bowel obstruction. The obstruction caused the bowel to leak into the patient’s abdominal cavity causing a deadly infection. The Indiana Medical Malpractice act limits damages to $1.25 million; so the trial judge reduced the $8.5 million verdict to $1.25 million.
by: Sarah T. Starkey, Attorney
Divorce can be quite difficult from both an emotional standpoint, as well as a legal standpoint. A little planning on your part can help ease the stress of your divorce proceeding and possibly save you time and money. While each case is different, the following tips can help you get started.
1. Collect your statements. Often times one spouse has primarily handled the finances for the household, leaving the other spouse in the dark as to what actually comprises the marital estate. You can educate yourself, and assist your attorney, by gathering statements for your bills, bank accounts and other assets and debts. If your statements are electronic, you can call and request to have paper statements mailed to you for your credit card balances, mortgages, and auto loans.
Learn more about our Business Litigation practice and attorneys
Legal departments with large staffs of dedicated attorneys have long been common in major corporations. But a growing number of smaller organizations now employ in-house counsel. This can pose special challenges to both the attorneys and the organizations they serve, because the attorneys are more likely to juggle multiple responsibilities, performing both legal and nonlegal duties. While the attorney-client privilege and work-product doctrine protect the attorney’s role as a lawyer, the mere fact that an attorney provided some other business advice or performed some other task does not give special protection to otherwise discoverable information. This article will explore that distinction.