COVID-19 lawsuit immunity bill heads to Holcomb
Legislation that aims to protect businesses from COVID-19-related lawsuits is heading to Gov. Eric Holcomb’s desk.
Liability
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On Parkland massacre anniversary, Biden calls for tougher gun laws
President Joe Biden joined a Florida community Sunday in remembering the 17 lives lost three years ago in the Parkland school shooting massacre.
House amends COVID liability bill, prepares for final vote
Legislation to provide businesses and individuals with protection from COVID-related civil liability is getting closer to the governor’s desk, with the Indiana House amending the bill and setting it up for a final House vote Thursday.
Supreme Court dismisses restaurant negligence appeal on timeliness grounds
A trial court order denying judgment to an Indianapolis restaurant sued for negligence has been reinstated, with the Indiana Supreme Court finding no reason to allow the restaurant’s forfeited appeal of the order to proceed.
Gearing up: Automated driving technology experts offer advice, anticipation for future
As new vehicle models are released each year, automated driving technologies become increasingly available to consumers. Experts say attorneys will need to familiarize themselves with the evolving technology to be equipped for future cases and how it may fundamentally change their practices.
COA reverses ruling for INDOT, allows negligence case to proceed
Summary judgment for the state on a negligence claim brought by an injured motorist has been reversed after the Indiana Court of Appeals rejected an immunity claim and found that material factual issues remain.
COVID liability immunity bills advance, but questions of scope remain
Legislation in the Indiana Senate that would protect businesses from COVID-related liability is one step closer to becoming law, having reached the full Senate floor for a successful vote on an amendment offered by the bill’s author. Meanwhile, companion legislation in the Indiana House passed out of committee this week.
Indiana Senate committee advances COVID-19 legal immunity bill
State lawmakers have advanced a bill that would protect individuals and businesses from COVID-19-related lawsuits. The Senate Judiciary Committee on Wednesday afternoon moved Senate Bill 1 to the Senate floor for consideration.
COVID immunity bill garners support, but concerns raised about overly broad language
Legislation meant to shield Indiana businesses and individuals from COVID-related liability was met with a groundswell of support on Wednesday, though some raised concerns that the language of the bill could have unintended legal consequences.
Liability protection bill meant to protect Hoosier businesses from COVID litigation
Hoosier businesses and individuals concerned about being sued for COVID-19 liability could be safeguarded if a bill that would provide them liability protections is enacted into law.
Lawmakers return to Statehouse for start of 2021 session
Indiana lawmakers return to the Statehouse on Monday for the start of a legislative session that will be conducted unlike any other before it.
Appeals panel finds for church in snowy parking lot slip-and-fall case
A woman injured after slipping in an icy church parking lot could not convince the Indiana Court of Appeals that her fall was caused by a hidden danger and that her negligence suit was wrongly decided.
Lawmakers seek to shield businesses from COVID lawsuits
Businesses, not-for-profits, schools, religious organizations and other entities could soon be shielded from responsibility for COVID-19 infections.
Virus talks drag on liability as Congress preps stopgap aid
Lawmakers are giving themselves more time to sort through their end-of-session business on government spending and COVID-19 relief, preparing a one-week stopgap spending bill that would prevent a shutdown this weekend.
Justices set to hear several oral arguments next week
Indiana Supreme Court justices will hear oral arguments next week in several cases including a slip-and-fall dispute, a mayor’s misuse use of bond funds, and a home detainee’s escape.
DTCI: Risk assessment and hazard analysis: making products defendable
Manufacturers operating in an international market must be prepared to defend their products in any venue. Risk assessment and hazard analysis is a “prepackaged” tool the manufacturer can use in defending product liability lawsuits; it shows how the manufacturer considered and accounted for risk at every stage of the design process.
Vigo County man not barred from vicarious liability suit against hospital
The Indiana Court of Appeals affirmed Thursday for a former hospital patient in an interlocutory appeal, finding the man is not barred from proceeding with his allegations of vicarious liability/physician negligence in his submission to be evaluated by a medical review panel.
Justices split over transfer denial in horse injury case
The Indiana Supreme Court has split over the denial of transfer in a case involving a horseback riding injury, with Justice Steven David publishing a dissent expressing concern that the “pendulum has swung too far” in sports injury cases.
Compelled contract? Indiana Supreme Court considers arbitration agreement in nursing home lawsuit
After hearing oral argument on petition to transfer Sept. 24, the court must now decide if it will rule in a dispute filed by an elderly woman and her representative against the Carmel assisted living facility where the woman once lived and an independent contractor hired by the facility who is accused of raping her.
COA reverses judgment for IU Health on patient’s liability claim
Judgment for IU Health on a complaint stemming from a near-fatal surgery has been reversed, with the Indiana Court of Appeals finding an issue of fact as to whether the patient in question knew his anesthesiologist was an independent contractor.