What happens when a claim is dismissed on procedural grounds but the statute of limitations has run? The answer might be found in a Journey’s Account Statute. Here, we discuss the function of Indiana’ sJourney’s Account Statute through a recent Indiana Court of Appeals decision.
Although it is extremely rare, there are cases in which arguments on appeal are so tremendously devoid of merit so as to subject their advocates to sanctions for payment of opposition attorney fees for frivolity. This post discusses one of these rare cases.
What Happens on Appeal When Trial Court Dismisses Case Without Deciding All Issues: Competing Fields of Thought?
What happens when the trial court enters a final judgment that isn’t really final because the trial court has not actually decided every issue? Earlier this month, Chief Judge Wood for the Seventh Circuit indicated that an appellate court has no choice but to remand the case due to a lack of appellate jurisdiction. Today, the Court of Appeals of Indiana issue a decision that takes a different approach–the approach taken by the Second Circuit in a case mirroring the issue addressed by Chief Judge Wood: decide the merits of the appeal and remand for further proceedings on the overlooked issue.
This week, the Indiana Supreme Court was faced with an issue of first impression: whether “value” in the Worker’s Compensation Act meant only the money paid for the work or whether it included other consideration for the work. The ambiguity was found in a portion of the Act affixing secondary liability for persons contracting for work in excess of $1,000 in value. The plaintiff–an employee of a tree removal business–argued that the act applied because the value of the wood that his employer was allowed to keep, coupled with the $600 paid for the removal, exceeded $1,000. The court agreed.