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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.
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Seventh Circuit Provides Guidance on Certifying Class Definition and Claims Differing from Those Proposed in Complaint

Colin E. Flora | Nov 3rd, 2018

This week we discuss the Seventh Circuit’s opinion in Beaton v. SpeedyPC Software, which weighed in on the propriety of certifying a class narrower than the definition proposed in the complaint and upon claims not specifically identified in the complaint. We also briefly look at eight other appellate decisions from the past two weeks that include: (i) holding that the misuse defense under Indiana’s Products Liability Act can be a complete defense; (ii) a party’s complete about-face can be a basis for surprise to obtain relief from a judgment under Trial Rule 60(B)(1); (iii) multi-year assertion that a defendant is subject to the Indiana Medical Malpractice Act and numerous delays to await a medical review panel determination can be sufficient to estop a plaintiff from arguing that the defendant is not subject to the Medical Malpractice Act; (iv) contracts attached to complaints are admissible as evidence at trial even if not specifically identified in final exhibits list; (v) a claim for unjust enrichment can be made even if the benefits are provided by a third-party; (vi) courts may commit reversible error when elevating formality over substantial justice with overly rigid application of procedure at trial; (vii) illustrating considerations in applying the doctrines of apparent authority and apparent agency; and (viii) citations to the record along with other citations count toward the word limit in federal appellate filings despite no rule specifically stating that citations are included in the word count.

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