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Indiana Court of Appeals: Medical-Malpractice Plaintiff Not Required to Settle with Healthcare Provider for Cap

Colin E. Flora | Jul 26th, 2019

This week’s discussion looks to the Indiana Court of Appeals’ decision in Wallen v. Hossler holding that a medical-malpractice plaintiff was free to reject a settlement offer from a healthcare provider that would pay the entire amount up to the cap. In the process, the court preserved the plaintiff’s right to choose trial by jury.

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Seventh Circuit: Rule 67 is Not Viable Path to Pick Off Class Action Plaintiff

Colin E. Flora | Jun 24th, 2017

This discussion looks to the Seventh Circuit’s decision in Fulton Dental, LLC v. Bisco, Inc., which rejected a defendant’s attempt to use Rule 67 to deposit funds with the court’s registry as a way to force a putative class representative to involuntarily settle its claim. Fulton Dental builds on the Supreme Court’s decision, last year, in Campbell-Ewald Co. v. Gomez, which held that an unaccepted Rule 68 offer of judgment could not moot a plaintiff’s claims.

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