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SCOTUS Resolves Circuit Split on CAFA Amount in Controversy Burden

WP Admin | Dec 19th, 2014

This installment of the Hoosier Litigation Blog looks at the Class Action Fairness Act’s amount in controversy requirement and this week’s Supreme Court decision in Dart Cherokee Basin Operating Company, LLC v. Owens in which the Court resolved a circuit split, but not without controversy. In an unfamiliar (5-4) split, Justice Ginsburg authored the majority opinion joined by Chief Justice Roberts, and Justices Alito, Sotomayor, and Breyer. The dissent, authored by Justice Scalia and joined by Justices Kennedy, Thomas, and Kagan sought to undue the mistakes of the past in Standard Fire Insurance Company v. Knowles.

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Indiana Supreme Court: Family of Disabled Student Who Choked to Death at School Will Have Day in Court

WP Admin | Oct 31st, 2014

This installment focuses on the Indiana Supreme Court decision in Lyons v. Richmond Community School Corporation that examined the application of fraudulent concealment and the discovery rule to the Indiana Tort Claims Act and found that the parents of a severely disabled student who was allowed to choke to death on food at her school could have their day in court.

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Indiana Supreme Court Answers Issue of First Impression on Attorney Fees Under Medical Malpractice Act

WP Admin | Aug 29th, 2014

Today’s discussion examines a case of first impression in the Indiana Supreme Court that reversed the court of appeals decision. The court addressed whether a statutory cap on attorney fee recovery from a client in medical malpractice cases could apply to limit liability for attorney fees under the wrongful death statute in medical malpractice cases.

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