This week’s discussion examines the interplay between Indiana’s Punitive Damages Statute that caps and otherwise limits the ability recover common-law punitive damage awards and exemplary damage awards available under certain statutes allowing for, at times, treble damages for successful litigants. The discussion is conducted through the lens of the recent Indiana Supreme Court decision in Andrews v. Mor/Ryde International, Inc.
This week’s discussion examines the Rooker-Feldman doctrine along with federal interpleader and the Wilton-Brillhart abstention doctrine through the recent Seventh Circuit decision Arnold v. KJD Rel Estate, LLC. The discussion also takes a brief look at the Indiana Supreme Court case Robinson v. Erie Insurance Exchange–holding that the language of an insurance policy did not extend uninsured motorist coverage to property damage caused by a hit-and-run without physical injury to the driver.
Indiana Supreme Court: Fraudulent Concealment Tolls Wrongful Death Act Statute of Limitations Period
Today’s discussion is a follow up to a prior discussion of the case Alldredge v. Good Samaritan Home, Inc. which found its way to the Indiana Supreme Court. The court held that the Fraudulent Concealment Statute acts to toll claims for wrongful death thereby permitting a full two-year period to file a claim after learning of the wrongful act as opposed to requiring a reasonable time to file a claim after discovery of the concealment. The opinion is also an example of a masterfully well-written decision that blends sound legal reasoning with florid prose making for an enjoyable read.
This installment of the Hoosier Litigation Blog focuses on the procedures for reviewing challenging an interlocutory order before the trial court. It also looks at the recent changes to Ind. Trial Rule 60(B) after a 2008 amendment removing the application to only final judgments and how it is now applicable to interlocutory orders and the resulting impact that has on T.R. 60(B) caselaw.