If the date of accrual for a claim is February 29th, does the statute of limitations falling in a non-leap year require filing on February 28th or March 1st? The Indiana Court of Appeals has resolved the question for Indiana claims.
Indiana Court of Appeals: Medical-Malpractice Plaintiff Not Required to Settle with Healthcare Provider for Cap
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.
Focusing on two recent decisions from the Second and Third Circuits, this post looks to what happens to federal court jurisdiction under CAFA once class certification is no longer an option.
This discussion focuses on the Indiana Supreme Court’s ruling in Tunstall v. Manning and the question of whether an expert’s history of professional disciplinary actions was admissible.