By: Melanie A. Kalmbach In two recent holdings, the Indiana Supreme Court has expanded the proximity requirement with respect to claims for negligent infliction of emotional distress. At common law, recovery of damages for negligent infliction of emotional distress is only permitted in three… Read More >
Litigation
Case Update: Expansion of the Proximity Requirement for Negligent Infliction of Emotional Distress Claims
Litigating in Parts Unknown: the Perils of the Forum-Selection Clause
By: Jeffrey M. Kraft A common term of any contract today is the “forum-selection clause,” meaning a clause whereby the parties agree that any legal action related to the contract must be brought in a specific jurisdiction and/or venue. The chosen jurisdiction/venue can be… Read More >
Indiana Courts Begin Hearing Claims Against Insurers for Business Interruption Coverage Due to COVID-19
By: Melanie Kalmbach Since the COVID-19 pandemic initially shocked the world, there has been an influx of lawsuits filed by restaurants, stores, and other businesses against their insurers alleging coverage for lost “business income”, “extra expenses” and coverage for actions taken by a “civil… Read More >
A Hacker Accessed Our Company Information. What Do We Do Now?
By: Marc A. W. Stearns Today, many transactions containing sensitive, personal information are completed electronically and companies sending and receiving this information are responsible for keeping it secure. Fulfilling this responsibility can be difficult as companies are constantly being targeted by cybercriminals who seek… Read More >
Indiana Court of Appeals Issues Opinion Further Defining When a Property Owner Owes a Duty to Patrons for Criminal Acts Occurring on its Property
By Sean T. Devenney The Indiana Court of Appeals recently issued an opinion helping to define when a business owner owes a legal duty to protect patrons from a third-party’s criminal act. In Hamilton v. Steak ‘n Shake Operations, Inc. 82 N.E.3d 1166 (Ind…. Read More >
New Rules of Litigation: Indiana Courts Implement E-Filing
By: William E. Kelley, Jr., Drewry Simmons Vornehm, LLP During my early days as a law clerk, I was tasked with researching property records at county courthouses by reviewing handwritten entries in large, oversized transfer books in the Auditor’s Office, where all real estate… Read More >
Admissibility of Evidence for the Undocumented Status of an Injured Construction Worker
By: Sean T. Devenney, Drewry Simmons Vornehm, LLP In a recent construction jobsite accident/personal injury case, before the Indiana Court of Appeals, Noe Escamilla v. Shiel Sexton, the court ruled that the fact that the injured Plaintiff was an undocumented construction worker was admissible… Read More >