Articles

COA upholds grant of treble damages, denial of liability

The Indiana Court of Appeals has affirmed the award of more than $56,000 in treble damages to a senior woman deprived of a written contract by a remodeling company while also finding the men who owned the company conducting the work were not personally liable to her. 

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California class action: Scooters a public nuisance, cause unrest

A class-action lawsuit filed in Los Angeles last week is taking aim at the rising prominence of pedestrian scooters across California, claiming the scooters’ manufacturers and distributers caused a public nuisance and civil unrest. The suit seeks to have two brands of scooters that also recently appeared on Indianapolis streets banned from the state.

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Justices: Evansville, Fort Wayne partly liable for police sex assaults

The Indiana Supreme Court affirmed two cities were entitled to summary judgment on the common-carrier theory, but not on the issue of liability under respondeat superior’s scope-of-employment rule in a consolidated civil lawsuit involving two women who were sexually assaulted by on-duty police in Evansville and Fort Wayne.

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Indiana survivor’s suit seeks to halt duck boats

An Indiana woman whose husband and three children drowned when a duck boat sank in a Missouri lake has filed a federal lawsuit in Kansas City requesting an end to the manufacture and operation of the amphibious vehicles in the U.S. and elsewhere until they are redesigned for safety.

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MGM sues Vegas shooting victims in push to avoid liability

MGM Resorts International has sued hundreds of victims of the deadliest mass shooting in modern U.S. history in a bid to avoid liability for the gunfire that rained down from its Mandalay Bay casino-resort in Las Vegas. The company argues in lawsuits filed in Nevada, California, New York and other states this week and last that it has “no liability of any kind” to survivors or families of slain victims under a federal law enacted after the Sept. 11, 2001, terrorist attacks.

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Judge rules against IU frat in sexual assault negligence case

A fraternity that knows or should know about prior sexual assault allegations against a member has a duty to protect social guests from sexual assault by that member, a district court judge ruled Wednesday. The ruling comes in a case involving a complaint against an Indiana fraternity accused of not protecting guests from one of its members.

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Justices hear police officer sexual assault cases

Two cases from opposite ends of the state jointly came before the Indiana Supreme Court on Thursday for guidance on the same question: if a police officer sexually assaults a citizen while on duty, should municipalities be held liable for the officer’s actions as the employer?

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Justices: Employer’s admission limits theories of recovery

Indiana precedent does not allow both a respondeat superior and negligent hiring claim against an employer to proceed if the employer has admitted their employee was acting within the course and scope of their employment when the negligence occurred, the Indiana Supreme Court ruled in an opinion that upheld partial summary judgment for Pizza Hut.

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Delegating design raises importance of construction contracts

The pressure to complete designs quickly and save money, along with the increasing complexity of mechanical systems within commercial structures, are prompting more parties in the construction project to take on design responsibilities. Contracts are key to avoiding future conflicts.

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DTCI: The Misadventures of the Traveling Employee

When analyzing the issue whether an employee was within the scope of employment for purposes of a commercial general liability policy, courts generally apply the law of the applicable state regarding agency or vicarious liability.

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