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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…

Ransomware and other cyberattacks are a consistent threat to businesses. Some buy cyberattack insurance in order to share that risk. But others do not. The question posed by this case is whether those others may be covered by other kinds of insurance. Continental issued a CGL to G&G that included commercial crime coverage. That coverage specifically stated that it would…

Apparently, lawsuits involving dangerous horses are governed by a different set of rules than claims involving other dangerous animals if the riders are engaged in a sporting activity at the time of the injury. Romano owned a horse farm, where she boarded and trained horses owned by others. One of Romano’s horses at the farm, Sheza, was an aggressive horse…

If someone at a hospital accesses and distributes a patient’s private medical information, what is the proper process that the patient should use to pursue their claims? In this case, the plaintiffs did not try to take their claims through the medical panel review process—and this was the correct decision. Heather and Katrina worked together at IOC for 5 years,…

Separators is a centrifuge company. Over the course of its existence, it has amassed a large collection of reference materials, all of which have been digitized. Carmichael was Separators’ parts manager for eight years, and Monday was Carmichael’s assistant. Neither Carmichael nor Monday signed a non-compete, non-solicitation, or confidentiality agreement with Separators. In December 2012, Carmichael formed CSI as a…

Defendants routinely argue that plaintiffs need expert testimony to show that a particular form of damage was caused by a particular tortious act. This case shows that what’s sauce for the goose is sauce for the gander, and plaintiffs can make that same argument, too. Harris was driving a vehicle when she was rear-ended by Jones. Harris sued Jones and…

Business records are evidence in many kinds of proceedings. And it appears that there is some disagreement in Indiana’s appellate courts regarding what constitutes a business record and what does not. This panel of the Indiana Court of Appeals made its position clear in this case. Father and Mother were the parents of a child. A police officer stopped their…

Some kinds of speech are protected by various legal privileges. The most powerful of these privileges is the absolute privilege because it is a complete defense to a claim based on that speech. And this case discusses the absolute privilege certain healthcare whistleblowers enjoy. Home Health provides home-based healthcare services, and those services are regulated by the Indiana State Department…

Indiana has enacted a Good Samaritan Law (GSL) that immunizes people who are responding to emergencies with emergency care. This case questions how broadly those immunities apply. Early one foggy morning, McGowen was driving a semi-tractor owned by his employer, Vision, on a two-lane country road. McGowen was driving slowly because of the fog when he saw a heavily-damaged truck…