This week’s discussion focuses on the concept of strict liability for unreasonably dangerous activities as seen through the Indiana Court of Appeals case Fechtman v.s U.S. Steel Corp. that held the dumping of carbon monoxide as a byproduct of steelmaking is not an unreasonably dangerous activity for the purposes of strict liability.
This week’s discussion focuses on the recent Indiana Court of Appeals decision Anyonymous, M.D. v. Hendricks that found an arbitration provision enforceable despite the unavailability of the designated forum for arbitration. The discussion also examines the concept of unconscionability to defeat application of an arbitration provision under Indiana law.
7th Circuit: Posner Explains Notice Requirements & Utility of Cy Pres Decrees in Small Class Actions
This week we examine the recent Judge Posner authored decision in Hughes v. Kore of Indiana Enterprise, Inc. that discusses class action notice requirements and the utility of cy pres decrees. We also examine the bombshell that the Judge drops at the end of the case that could have a substantial impact on the class action landscape going forward.