Articles

COA remands fire case for spoliation of evidence evaluation

A swimming pool manufacturer did not intentionally spoliate evidence after a fire destroyed its uninsured warehouse facility in Wolcott, but an appeals panel sent its case against a power company back to the trial court to determine the appropriate remedy, if any, for negligent spoliation.

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Supreme Court allows legal malpractice claim to continue

A legal malpractice claim against a suspended northern Indiana attorney and his firm will continue after the Indiana Supreme Court found a genuine issue of material fact as to whether the plaintiff’s premises liability claim would have succeeded had the firm not failed to timely file her complaint.

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Law limiting short-term rental regulations by cities may face test from Carmel, others

As the popularity of short-term rental platforms such as Airbnb and VRBO has increased, local governments across the country have stepped in to regulate when and where their residents can lease their homes to temporary guests. Indiana cities have been no exception, but the 2018 General Assembly limited the extent to which municipalities can regulate the local short-term rental industry.

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Indiana Court Decisions — March 15-28, 2018

7th Circuit Court of Appeals March 21 Civil Plenary — Establishment Clause Freedom From Religion Foundation v. Concord Community Schools 17-1591, 17-1683 An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading […]

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DTCI: Is the Plaintiff a User or Consumer Under IPLA?

A preliminary inquiry in defending any case brought pursuant to the Indiana Products Liability Act (IPLA) is whether the IPLA even applies to the plaintiff; that is, whether the plaintiff is considered a “user” or “consumer” under the IPLA.

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12 apply to Court of Appeals

The Indiana Judicial Nominating Commission has received applications from 12 applicants to fill an upcoming vacancy on the Indiana Court of Appeals.

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Steering committee named for 2020 mock trial nationals

Preparations for the 2020 National High School Mock Trial Championship in Evansville are continuing with the steering committee for the event being finalized. Lawyers, judge and private citizens from around Indiana are helping to oversee a contest which will bring about 900 high schoolers to Indiana.

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