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Indiana Supreme Court: Family of Disabled Student Who Choked to Death at School Will Have Day in Court

WP Admin | Oct 31st, 2014

This installment focuses on the Indiana Supreme Court decision in Lyons v. Richmond Community School Corporation that examined the application of fraudulent concealment and the discovery rule to the Indiana Tort Claims Act and found that the parents of a severely disabled student who was allowed to choke to death on food at her school could have their day in court.

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Indiana Supreme Court Answers Issue of First Impression on Attorney Fees Under Medical Malpractice Act

WP Admin | Aug 29th, 2014

Today’s discussion examines a case of first impression in the Indiana Supreme Court that reversed the court of appeals decision. The court addressed whether a statutory cap on attorney fee recovery from a client in medical malpractice cases could apply to limit liability for attorney fees under the wrongful death statute in medical malpractice cases.

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Does Indiana’s General Wrongful Death Statute Permit Recovery of Attorney Fees? Court Says, ‘Yes’

WP Admin | Aug 15th, 2014

This week’s discussion looks at a case addressing a novel argument under the Indiana General Wrongful Death Statute that argued attorney fees are only available to decedents without dependents. The Court of Appeals found the statute ambiguous and, applying doctrines of interpretation, held that attorney fees are available to both decedents with and without dependents. Perhaps of greater import, the case looked to whether a contingency fee agreement between plaintiff and its counsel provides the fees to be assessed or whether a reasonable-hourly rate was to be applied. Somewhat surprisingly, the court found the contingency fee agreement to control. The full application of this decision seems certain to be the basis for a great many arguments in the future.

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