This week’s discussion focuses on the interpretation of the American Institute of Architects (AIA) standard construction contract by the Indiana Court of Appeals in the recent case Allen County Public Library v. Shambaugh & Sons, L.P. The court held that the waiver of subrogation and requirement of insurance provisions do not apply to damages to the surrounding area around the construction site.
Indiana Court Clarifies Rights of Volunteer to Bring Claim Outside of Worker’s Compensation & Reach of Equine Activity Statute
This week we examine the issues of whether a volunteer who accepts medical benefits under a worker’s compensation policy is bound to the Indiana Worker’s Compensation Act for exclusive recovery. We also examine the Indiana Equine Activity Statute and the ability to bring a negligence claim for injuries caused by a horse. The discussions are conducted through the context of this week’s Indiana Court of Appeals decision in Einhorn v. Johnson.
This week’s post takes a look at the Seventh Circuit’s recent decision in Addison Automatics, Inc. v. Hartford Casualty. Ins. Co. that sheds some light on the boundaries of the Class Action Fairness Act (CAFA), but does so by utilizing a mechanism that left your author questioning the wisdom of the specific procedural result.