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Seventh Circuit (Posner) Weighs in on Contractual Indemnification After Settlement of Underlying Injury Suit

WP Admin | Mar 14th, 2014

This is the fourth installment of the day commemorating the 100th post authored for the Hoosier Litigation Blog by Colin E. Flora. This post examines the Seventh Circuit decision in Krien v. Harsco Corp., in which Judge Posner examined the roll of a settlement in an underlying personal injury case upon the ability for a defendant to file a third-party claim for indemnification.

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Judge Posner Tears Into ‘Frivolous’ Appeal of Contempt Order

WP Admin | Mar 14th, 2014

This installment looks at the decision from the Seventh Circuit this week that has drawn a great deal more attention for the tone directed at the frivolous nature of the appeal than the substance of the decision. In our third post of the day, we look at the decision in Central States, Southeast & Southwest Areas Health & Welfare Fund v. Lewis, described by the folks at Above the Law as a “benchslap” by Judge Posner.

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Seventh Circuit Examines Standing for Class Rep and Departs from 3rd 8th Circuits on FDCPA Interpretation

WP Admin | Mar 14th, 2014

This second installment on the day addresses the Seventh Circuit decision in McMahon v. LVNV Funding, LLC, which held for the first time – in direct opposition to the Third and Eighth Circuits – that a letter attempting to collect a time-barred debt does not need to threaten litigation to be actionable under the Fair Debt Collection Practices Act (FDCPA). The case also examined the issue of when a named-plaintiff in a putative class action case has his individual claim rendered moot by offer of settlement.

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Indiana Supreme Court Analyzes Whether Workers’ Compensation Applies to Diminish UIM Calculation

WP Admin | Mar 14th, 2014

This installment is the 100th by author Colin E. Flora for the Hoosier Litigation Blog. It is also, in honor of the big one double-o mark, the first of four on the day. This post focuses on the Indiana Supreme Court’s decision in Justice v. American Family Mutual Insurance Company, holding that using workers’ compensation proceeds to calculate underinsured motorist (UIM) insurance coverage violates Indiana UIM statute.

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