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 >
Litigation
A Hacker Accessed Our Company Information. What Do We Do Now?
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 >
Indiana Supreme Court Interprets AIA’s Waiver of Subrogation Clause
By: William E. Kelley, Jr., LEED AP BD+C A waiver of subrogation clause is a typical (but often overlooked) contract provision in design and construction contracts, especially for parties using standard form contracts, such as the American Institute of Architects (AIA) forms. In general,… Read More >
Appellate Court Reviews Indiana’s Rules Governing Spoliation of Evidence
By: David L. Simmons The Indiana Court of Appeals considered the principles governing the spoliation of evidence in the recent case of Wesco Distribution, Inc. v. ArcelorMittal Indiana Harbor, LLC, —N.E. 3rd—, 2014 WL 5819375 (Ind. App.), which was issued on November 10, 2014…. Read More >
Waiver of Subrogation Applies to All Damages, Regardless of Whether Owner Secures Required Insurance
By: William E. Kelley, Jr., LEED AP BD+C The Indiana Court of Appeals, in a split decision, recently held that a waiver of subrogation clause in a construction contract serves to waive all claims for damage, where those damages are covered—or should be covered—by… Read More >