Archives for May 2016
By: Kelley J. Johnson, Attorney
Our Indiana Supreme Court recently reversed summary judgment against a hospital and a doctor allowing a patient’s medical malpractice case to go forward to trial. In the recently issued decision, Siner v. Kindred Hosp. Ltd. Partnership, et al, No. 49S05-1604-CT-219, 2016 WL 1704317 (Ind. Apr. 28, 2016), the Indiana Supreme Court reversed a trial court’s grants of summary judgment to the hospital and the doctor holding that conflicting evidence in the case must be resolved by a trier of fact — a jury.
By: Scott D. Gilchrist, Attorney
On May 5, 2016 the federal Consumer Financial Protection Bureau announced a proposed rule that would prevent financial service companies from barring class actions in contracts with their customers. For the past several years, the CFPB has been studying so-called “forced arbitration” clauses in consumer contracts, which require customers to give up their right to take claims to court and prohibit either filing or participating in class actions. In a lengthy report to Congress last year, the CPFB made several findings critical of forced arbitration in consumer contracts.
By: David J. Cutshaw, Attorney
The Indiana Court of Appeals recently issued a decision in the case of Sprunger v. Egli, 44 N.E. 3d 690 (Ind. App. 2105), a medical malpractice case where the plaintiff alleged that her 13-month old daughter died of child abuse that should have been reported by the child’s pediatrician. The plaintiff in the case alleged that Dr. Egli had a duty to report suspected abuse as required by an Indiana statute, I.C. 31-33-5-1, but his failure to do so was the cause of the child’s death from abuse.