This week we discuss the 7th Circuit decision SAMS Hotel Group, LLC v. Environs, Inc. which found that, at least between two sophisticated parties, a liability cap in a contract dispute is enforceable even without specifying its application to defendant’s own negligence. The result capped the claim at $70,000 and prevented the plaintiff from seeking the full $4.2 Million in damages.
This week’s post explores last week’s Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision signals for future cases before the Indiana Supreme Court.
In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of Insurance using a third-party carrier.
In this installment we discuss the prospect of the impact upon personal injury law based upon the results of a new study finding that physical pain and emotional pain can be distinguished by brain scan.