Indiana Law Update Blog

Joint and Several Liability Still Applies to Intentional Torts

The Indiana Court of Appeals’s recent decision in Dallas v. Cessna, ___ N.E.2d ___ (Ind. Ct. App. 2012), Cause No. 80A02-1110-CT-925, arose from the eternal triangle involving two men fighting over a woman. The woman, a freshman at IU in Blooomington, … Continue reading →

Rule 54(B) Requires All Elements of the Magic Language to Appeal

The situation faced by the parties in In re Estate of Botkins, ___ N.E.2d ___ (Ind. Ct. App. 2012), Cause No. 22A05-1109-ES-481, is one most lawyers want to avoid: using scarce resources to appeal an unappealable judgment. Fortunately, we can … Continue reading →

Extrinsic Evidence is Admissible when Witness Does Not Recall Prior Inconsistent Statement

In Dixon v. State, ___ N.E.2d ___ (Ind. Ct. App. 2012), Cause No. 45A03-1110-CR-482, the court considered the circumstances under which extrinsic evidence may be offered for impeachment of a witness. Evid. R. 613(a) provides: “Extrinsic evidence of a prior inconsistent … Continue reading →

Subordinates Can Be Liable for Intentionally Causing a Superior to Retaliate Against a Co-Worker

If an employee suffers from unlawful retaliation, but the employer declares bankruptcy, is there anything that this employee can do to get compensation? The answer is, of course, yes; he can sue the individuals responsible for the unlawful acts. However, … Continue reading →

Notice Pleading Does Not Require Assertion of a Specific Theory of Legal Recovery

Issues related to attorney’s fees and legal malpractice always catch our eyes and yesterday’s decision in Myers v. Deets, ___ N.E.2d ___ (Ind. Ct. App. 2012), Cause No. 79A02-1108-CT-771, is no exception. Jason Myers sued his lawyer and his malpractice insurance … Continue reading →

Court Approaches Problem from a Practical Perspective

When looking at a legal decision, we lawyers want to know both the holding and how the court reached that decision. The importance of the first is obvious, particularly when the holding is directly on point. However, the second is … Continue reading →

Threatening to Turn in a Lawyer to Disciplinary Counsel Is Grounds for Discipline

Attorneys cannot threaten to turn other attorneys into disciplinary counsel in order to gain a legal advantage according to the Indiana Supreme Court’s recent disciplinary decision in In re Dimick, ___ N.E.2d ___ (Ind. 2012), Cause No. 49S00-1107-DI-455. Doing so is … Continue reading →

The Denial of a Motion to Quash Is Not a Final Order in Federal Court

A few years ago, SCOTUS issued a decision in Mohawk Industries, Inc. v. Carpenter, 130 S. Ct. 599 (2009), which dealt with the scope of the collateral-order doctrine, which allowed some orders to be immediately “final,” even if they were … Continue reading →

Small Claims Procedure In Sullivan County Is Shocking

Earlier today, the Indiana Court of Appeals issued a decision that shocked me. Reynolds v. Capps, ___ N.E.2d ___ (Ind. Ct. App. 2012), Cause No. 77A05-1110-SC-567, shows that there is an appalling disregard for due process on small claims actions in Sullivan … Continue reading →

Status As An Illegal Alien Is Not A Protected Class

A woman is fired because she married a Mexican, who was an illegal alien in the United States. Can her employer do this? In Cortezano v. Salin Bank & Trust Co., ___ F.3d ___ (7th Cir. 2012), Cause No. 11-1631, … Continue reading →