This post looks at the Indiana decision in Weinberger v. Estate of Barnes excluding the state from intervening in cases to protect its interest in punitive damages awards.
This week’s discussion looks at the often overlooked difference between Indiana and the federal summary judgment standard. We also look, briefly, at Indiana’s retention of its 12(B)(6) standard after Bell Atlantic Corp. v. Twombly.
In this installment we look at the role of a class action representative through the 7th Circuit case Phillips v. Asset Acceptance, LLC authored by Judge Richard Posner in which the court of appeals reversed the denial of class certification stemming from the impermissible attempt to collect debts after the expiration of the applicable statute of limitation.
This week’s discussion focuses on the recent Indiana Court of Appeals case that found: (1) a Rule 12(C) motion in appropriate to determine class action allegations, (2) collection of late-fees are part of the "usual leasing services" of a property manager, and (3) that a property manager expressly acting as the agent of a property owner does not collect rent and fees for its own behalf.