This week’s discussion focuses on the question of what cases are governed by the Medical Malpractice Act. The answer is not always as easy as you might think and the Indiana Court of Appeals case B.R. v. State of Indiana provides a great example along with a discussion of how the line is drawn.
This week’s discussion looks back at a Seventh Circuit Court of Appeals decision from the end of October that rejected the proposition that the absence of an OSHA regulation requiring showering and changing of clothing by foundry workers meant that it was not required by the nature of the work. The case also advances a position of the Seventh Circuit against courts trying to handle complexity through simplified means.
Indiana Supreme Court Determines “Sporty Car at a Great Value Price” Does Not Mean “It is Safe to Operate”
This week’s discussion focuses on the puffery defense and the Indiana Supreme Court’s partial reversal in the case of Kesling v. Hubler Nissan, Inc. thereby finding that “Sporty Car at a Great Value Price” was mere puffery and cannot be read to mean that the car was “safe to operate.”
This week’s discussion focuses on the interpretation of the American Institute of Architects (AIA) standard construction contract by the Indiana Court of Appeals in the recent case Allen County Public Library v. Shambaugh & Sons, L.P. The court held that the waiver of subrogation and requirement of insurance provisions do not apply to damages to the surrounding area around the construction site.