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Courts don’t want to put impediments in the way of witness testimony. But Indiana’s courts also do not want to interfere with the at-will employment doctrine. This case is about the places where these priorities conflict. Perkins was employed by Memorial Hospital as a police officer in the hospital police department. He was an at-will employee. One of Perkins’ former…

A plaintiff can avoid Indiana’s Tort Claims Act if he can prove that a governmental employee’s act or omission was “clearly outside the scope of the employee’s employment.” But what is clear to one person may be muddy to the next. In this case, the Court helped teach us what this exception means. In 2015, Benner was an Indiana State…

Sometimes business owners reach for creative solutions in order to keep their businesses afloat. And those solutions can include an attempt to avoid debts. But Indiana’s courts have built a body of law to deal with these situations, and having a new business take over for the old will not work if it qualifies as a de facto merger. Dan…

When Melvin Hall left his employment at the Central Indiana Protection Agency, Inc. (“CIPA”) and started a competing company, the owners of CIPA (Shaw and Narducci) were not happy and allegedly engaged in a coordinated campaign to defame Hall and drive him out of business. Hall subsequently sued Shaw, Narducci and CIPA for defamation, abuse of process, malicious prosecution and…

If a judge thinks a juror is just giving excuses to get off of a jury, is that a reason not to strike the juror for cause? At least in this case, it was not. Plyes died following complications from a bariatric surgery. Her estate (Clark) brought a claim against Dr. Mattar. The medical review panel unanimously found that Dr.…

The 487 Broadway Company agreed to buy a building from Calumet Township but before closing, the Township removed some lighted signs, pictures and artifacts causing damage to the building. 487 Broadway sued for negligence and breach of contract. The Township moved to dismiss, and supported the motion with several unauthenticated exhibits. The trial court responded by informing the parties it…

We do not normally address criminal cases (unless they deal with the Rules of Evidence), but sometimes there are exceptions. And the intersection between smartphones and self-incrimination is one of those exceptions. Seo called the local sheriff’s department, claiming that D.S. had raped her. When Seo met with a detective, she told him that her iPhone contained relevant communications with…

This case points out an issue for courts, more than litigants. But it is important for us to know it, so that we can make sure that courts address issues properly. 36 women brought a mass product-liability action related to a medical device against Bayer. Bayer moved for judgment on the pleadings on all of the plaintiffs’ various claims, arguing…

This case teaches that the contemporaneous document doctrine may have implications that extend far beyond providing guidance for contract interpretation. In 2009 Christine Burd Tanner assumed all assets associated with the Burd Ford dealership on Pendleton Pike after her husband died. Wanting to sell these assets, Christine signed two letter agreements in 2011 with HLH Consulting: (1) an Asset Retention…

Venue issues are a common theme at these presentations. But this one has an interesting twist—a statute that says where the claim can proceed. But what happens if this is a third-party claim and the case is venued elsewhere? The Nashes hired Clover Homes to build a home for them in Hendricks County. Clover Homes opened an account with Timberland…