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LEADERSHIP IN LAW 2020: Janet McCabe
Janet McCabe
Indiana University Robert H. McKinney School of Law
Indiana Court Decisions – April 9-22, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Hussmann: What to do if someone shrugs off mediation?
What is a mediator to do when faced with the dilemma of a key witness who refuses to show up to a court-ordered mediation? I am asking which course lawyers thing the mediator should take — or if there is another under such circumstances.
Fulford and Trimble: Tips for productive virtual mediations
| John Trimble and Wade Fulford
Social distancing has created obstacles for legal counsel for many litigation tasks, especially mediation. Some mediations are being delayed or canceled. However, for many cases, parties and counsel should seriously consider online virtual mediation.
Opinions April 28, 2020
Indiana Court of Appeals
City of Marion v. London Witte Group, LLC, Chad Seybold, Estate of Michael Y. An, Global Investment Consulting, Inc., and World Enterprise Group, Inc.
19A-MI-1762
Miscellaneous. Affirms in part the Grant Superior Court’s grant of summary judgment in London Witte Group LLC’s favor against the city of Marion on claims for negligence and breach of fiduciary duty. Reverses in part the denial of the motion with respect to the constructive fraud/unjust enrichment claim. Finds the discovery rule bars the negligence and breach claims, and none of the discovery rule exceptions apply. Also finds the two-year statute of limitations should govern the fraud/unjust enrichment claim. Remands with instructions to enter summary judgment in LWG’s favor on the city’s claim for constructive fraud/unjust enrichment.
COA partially reverses for financial adviser in Marion development dispute
The Indiana Court of Appeals has partially reversed in favor of a financial adviser in a dispute with the city of Marion after years were wasted on a construction project that was projected to cost millions of dollars.