Blog | Pavlack Law, LLC

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Third Circuit Joins Second, Ninth, and Tenth Circuits on Complicated Issue of American Pipe Tolling in Class Actions

Colin E. Flora | Jun 18th, 2021

This week, we dive head first into the muddied waters of American Pipe tolling on the question of whether a plaintiff may both rely on American Pipe tolling of a statute of limitations to otherwise render a claim timely but file an individual claim prior to a ruling on class certification.

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Seventh Circuit Examines Effect of Failing to Timely File Opposition to Motion for Summary Judgment

Colin E. Flora | Jun 11th, 2021

This week, we examine what happens when a party fails to timely file an opposition to a motion for summary judgment in both Indiana state and federal courts.

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Indiana Court of Appeals Reminds that Bars are Liable for Foreseeable Attacks on Patrons by Other Patrons

Colin E. Flora | May 28th, 2021

This week, we return to the topic of when a bar owes a duty to a patron to prevent an attack by another patron. We also pause to look briefly at an informative decision from the Eighth Circuit on whether an uneven sidewalk constitutes an open-and-obvious danger.

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Seventh Circuit Recognizes Reckless Driving by Police Can Violate Fourteenth Amendment and Reinstates Failure-to-Train Monell Claim

Colin E. Flora | May 21st, 2021

Today’s discussion covers a great many recent decisions but focuses primarily on the Seventh Circuit’s important decision in Flores v. City of South Bend that helped refine Section 1983 Monell liability under the failure-to-train theory and reminded that reckless conduct may be sufficiently egregious for a jury to find conduct constituted actionable deliberate indifference.