By: Arend J. Abel, Attorney[November 17, 2016]– The Indiana Court of Appeals issued an opinion today in which it said Exhibits should not be put in the Appendix. Sperro, LLC v. Ford Motor Credit Company, LLC. In footnote 4 of the opinion, the Court said:
“Appellants’ and FMCC’s appendices do not comply with the Indiana Rules of Appellate Procedure because they contain exhibits, which are considered part of the transcript and therefore are not to be reproduced in an appendix pursuant to Appellant Rules 29 and 50(F).”
By: J. Eric Rochford, Attorney
Landowners who face having their land taken by the government for a public project such as a highway, utility easement, or school building have likely heard the term “just compensation”. But what exactly does “just compensation” mean to a landowner? The U.S. Constitution holds the answer (specifically the Fifth Amendment of the U.S. Constitution. Also, Art. 1 § 21 of the Indiana Constitution).
The Centers for Disease Control (CDC) has identified the week of October 23 – October 29 to be National Lead Poisoning Prevention Week in an effort to raise awareness about the dangers of lead poisoning. Materials are available to educators and the public to help spread the word about the hazardous effects that lead exposure can have in children of all ages — particularly children under six years of age. [The EPA has since removed these resources from their official website.]
By: J. Eric Rochford, Attorney
The idea that the federal government can seize your private property sounds unfair. However, the United States Constitution gives the government the right to do just that as long as it is in the interest of the public to do so. What rights do landowners have when the government invokes its right of eminent domain? This article will answer a few questions if you are faced with this situation.
As a medical malpractice attorney, I have the pleasure of speaking with potential clients who believe they are a victim of medical or dental malpractice nearly every day. One of the first questions I always ask them is, “Did you get a copy of your medical records yet?” Amazingly, a very common response that I hear from them is “I asked for my records, but they won’t give them to me.” That is unfortunate because while there are requirements that a patient has to follow to request and receive his or her medical records, a patient is entitled to a copy of their own medical or dental chart.
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.
By: Alexander C. Trueblood, Attorney
April is Distracted Driving Awareness Month, and to celebrate, the National Highway Transit Safety Administration has been shaming distracted drivers on Twitter. With all the social media savvy one would expect of a federal government agency, the NHTSA is fighting distracted driving one tweet at a time – by replying to tweets from users who admit to texting (or tweeting/snapping/Facebooking/etc.) and driving with responses ranging from friendly corrections to snarky comebacks featuring a surprising knowledge of late-1990s video games. Setting aside the fact that our tax dollars are now hard at work crafting snappy comebacks to anonymous twitter users like @drunkcollegekid, there’s actually a valuable lesson to learn from the NHTSA’s distraction-shaming campaign.
By: Daniel S. Chamberlain, Attorney
On April 18, 2016, the Third Circuit Court of Appeals affirmed the largest class action settlement in United States history. The class action involved allegations that professional football players were knowingly put at risk of repetitive brain trauma, including dementia, Parkinson’s and other degenerative brain conditions by their employer, the National Football League (NFL). Retired NFL players alleged that the NFL suppressed information about the link between brain injury and football. The NFL settled the case without admission of fault.