Court of Appeals Archives - Cohen & Malad, LLP

When can a direct action be brought in the context of a closely held company?

By: Arend J. Abel, Attorney On June 1, the Indiana Court of Appeals addressed the circumstances in which a shareholder in a closely held limited liability company could sue another shareholder for breach of fiduciary duty arising out of alleged mismanagement of the corporation.   Ordinarily, such actions must be brought derivatively, but the Court noted… Continue Reading »

Judicial Qualifications Commission Gives Green Light to Tweeting at Trial

By: Arend J. Abel, Attorney You may remember just over a year ago when a partner in Barnes & Thornburg’s Chicago office was sanctioned for live-tweeting a trial.  That event makes all the more surprising an Ethics Opinion that the Indiana Commission on Judicial Qualifications issued last month.  According to the Commission, live-tweeting a trial… Continue Reading »

Stengel v. Medtronic and Failure to Warn

by: Jonathan Knoll, Attorney On January 10, 2013, the United States Court of Appeals for the Ninth Circuit sitting en banc found that the Medical Device Amendments (MDA) to the Food, Drug, and Cosmetic Act (“FDCA”) did not preempt a plaintiff’s state-law failure to warn claim when the state-law duty “parallels” a manufacturer’s duty under… Continue Reading »

Medical Malpractice and Motor Vehicles

by: David J. Cutshaw, Attorney Is a doctor responsible for a motorist’s injuries when he or she fails to warn his patient that the medications he is giving the patient may cause the patient to black out while driving an automobile? The answer to that question was discussed by the Indiana Court of Appeals in… Continue Reading »

Medical Malpractice and Adoption

by: David J. Cutshaw, Attorney In an interesting case, the Indiana Court of Appeals recently ruled that adoptive parents could proceed with a medical malpractice case against a hospital for misrepresenting the health of a child the couple sought to adopt. In Jeffrey v. Methodist Hospital, adoptive parents asked the hospital for the health records… Continue Reading »

Indiana Summary Judgment Standard Changing?

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… Continue Reading »

Is Indiana’s Cap on Medical Malpractice Damages Unconstitutional?

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… Continue Reading »