Featured Post

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.
continue reading
Featured Post

Indiana Court of Appeals: Developments in Litigation Can Allow Remand for Failure to Meet Amount in Controversy and Recovery in Excess of $75,000

Colin E. Flora | Jul 6th, 2018

Today, we look at a case whose procedural posture may be almost impossible to replicate that resulted in a successful remand motion from federal court in which the plaintiff asserted that the amount in controversy did not exceed $75,000 and an appellate court affirming a subsequent state-court jury verdict for $187,500.

continue reading
Featured Post

Federal Diversity Jurisdiction and the “Gaping Hole Problem”

WP Admin | Jan 25th, 2013

This week we take a look at one of the two primary jurisdictional means by which a case may be brought in federal court – id est federal diversity jurisdiction. In addition, we examine what has been referred to as the “Gaping Hole Problem” in diversity jurisdiction that arises from the potential exercise of supplemental jurisdiction. We also examine the approach the D.C. Circuit has taken in handling a case in which the presence of nondiverse parties threatened to defeat federal diversity jurisdiction.

continue reading