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Indiana Court of Appeals Reminds Hospital Can be Liable for Acts of Independent Contractors

Colin E. Flora | Oct 2nd, 2020
In this installment, we return to the question of when a hospital may be held responsible for the acts of independent contractors. We also examine whether a treble-damages clause is an unenforceable penalty provision, whether a basketball coach is subject to the same standard as players for injuries during practice, and briefly examine the derivative jurisdiction doctrine in the context of the Federal Officer Removal Statute.
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Indiana Court of Appeals: Agreement to Insure is an Agreement to Provide Both Parties with the Benefits of Insurance

Colin E. Flora | Dec 28th, 2018

In the last installment of the Hoosier Litigation Blog for 2018, we examine the Indiana Court of Appeals’ decision in Youell v. Cincinnati Insurance Co., which held that a lease requiring the landlord to maintain fire insurance foreclosed a claim against the tenant for losses suffered by a fire because the lease shifted the allocation of risk from the parties to the insurer.

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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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Seventh Circuit Answers When a Change in Legal Theory Stated in a Complaint Will Prove Disastrous and When an Indiana Supply Contract is Enforceable

Colin E. Flora | Aug 18th, 2018

This week, we discuss the Seventh Circuit’s ruling in the second appeal of Brc Rubber & Plastics, Inc. v. Cont’l Carbon Co., which held that a supply contract for the purchase of an approximate amount for a fixed price was an enforceable contract and further analyzed how a change in legal theory from that advanced in the complaint may impact the litigation.

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