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Posts from May 2009.
Posted in Litigation

In Stanley v. Walker, the Indiana Supreme Court held that Indiana’s collateral source statute, Indiana Code section 34-44-1-2, does not prohibit the introduction of evidence regarding the discounted amounts actually paid to medical providers for medical services rendered without reference to insurance. 

Justice Sullivan, writing for a 3-2 majority, observed that when ...

Posted in Litigation

On Thursday, May 28, the Indiana Supreme Court will hear argument in three cases.

  • At 9 a.m., the Court will hear Wilkes v. State.  In this case, the defendant appeals his conviction for three murders and the trial court’s sentence of death.  The death sentence was entered after the jury did not reach a unanimous decision on the sentence.  This case is a direct appeal from the trial court.
  • At ...
Posted in Litigation

In Filter Specialists, Inc. v. Brooks, the Indiana Supreme Court affirmed in part and reversed in part the trial court’s affirmation of the Michigan City Human Rights Commission’s finding that race motivated the discharge by Filter Specialists, Inc. of two African-American employees. 

In a matter of first impression, the Court addressed the impact the United States Supreme ...

Posted in Litigation

On May 19, the Indiana Supreme Court handed down four opinions.

In Gary Community School Corporation v. Powell, the Court held that “an employee filling multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee’s total service is sufficient to qualify, even if service in either position alone does not ...

Posted in Litigation

On Friday, in Leone v. Commissioner, Indiana Bureau of Motor Vehicles, the Indiana Court of Appeals agreed with class members that a BMV policy lacked ascertainable standards to revoke drivers’ licenses and therefore violated constitutional guarantees of due process, but still affirmed the trial court’s denial of injunctive relief because the requested injunctive relief ...

According to the Federal Judicial Center, district court judges and attorneys report that experts from scientific areas testify in only a small proportion of all cases in which experts testify. The vast majority of experts are testifying in non-scientific areas or "soft science." The Federal Judicial Center has categorized "scientific" disciplines as including chemistry, toxicology, statistics, metallurgy, meteorology, behavioral science, epidemiology, geology, physics, agricultural science, molecular biology/genetics, and computer science. By contrast, it has categorized the "non-scientific" or "technical" disciplines to include, among others, medical/mental health, engineering, accident reconstruction, police procedures, fire/arson, economics, accounting, patents and trademarks, law, appraisal, insurance, and securities. See, Molly Treadway Johnson et al., Expert Testimony in Federal Civil Trials: A Preliminary Analysis (2002).

Posted in Litigation

The Indiana Supreme Court issued two opinions on May 13.

Posted in Litigation

On May 8, the Indiana Supreme Court issued a per curiam opinion affirming a post-conviction court’s decision not to entertain expert testimony on the reliability of jailhouse confession witnesses. 

In Whedon v. State, the post-conviction court concluded that the proffered expert testimony was generally inadmissible and also did not meet the requirement that it be “newly ...

Posted in Litigation

The Indiana Court of Appeals will hear one argument this week, while the Indiana Supreme Court has scheduled three arguments for Thursday.

Indiana Court of Appeals

At 10:30 a.m. on Tuesday, May 12, the Indiana Court of Appeals will hear argument in Davis v. State.  In Davis, an officer responded to a neighbor’s call concerning a stench from Davis’s property as well as the health of dogs ...

Traditionally, ERISA restricts plan participants to equitable relief with no recourse to money damages on behalf of themselves as individuals. ERISA Section 502(a)(3); Mertens v Hewitt & Assoc. 508 US 248 (1993); In re Cardinal health Inc. ERISA Litig. 424 F.Supp. 2d 1025.

Plan participants may seek money damages on behalf of the plan where the recovery goes to the plan itself. In re The ...

Posted in Litigation

On Tuesday, the Indiana Supreme Court resolved a conflict in the Indiana Court of Appeals by holding that “the State may challenge the legality of a criminal sentence by appeal without first filing a motion to correct erroneous sentence,” and that the sentencing challenge may be made for the first time in the State’s response brief on appeal.

In Hardley v. State, the defendant on ...

Posted in Litigation

This week, the Indiana Court of Appeals will hear argument in four cases.

  • At 1:30 p.m. on Tuesday, May 5, the Court will hear Dowdell v. City of Jeffersonville.  The issue in this case is whether Jeffersonville can enforce an ordinance prohibiting all persons defined as sex offenders from ever having unrestricted access to the city’s parks.  The argument will take place in the Indiana ...
Posted in Litigation

On Monday, in Nunn Law Office v. Rosenthal, a unanimous three-judge panel of the Indiana Court of Appeals held that though “the preferred format for findings and conclusions is that they be in written form,” “the plain language of [Trial] Rule 52(A) does not require that the findings and conclusions be in writing.”  The Court explained that, “[w]hile the rule specifies that a ...

Posted in Litigation

On Thursday, April 30, the Indiana Supreme Court handed down two opinions addressing the constitutionality, under the ex post facto clause of the Indiana Constitution (article I, section 24), of Indiana’s Sex Offender Registration Act.  The Act requires those convicted of sex and certain other offenses to register with law enforcement agencies and disclose personal information ...

As discussed in previous issues of Kentucky Employment Law Letter, employers and employees continue to enter into binding arbitration agreements under which both sides agree to resolve any disputes arising out of the employment relationship before an arbitrator. Usually, that means the employee doesn’t have the option of seeking a judicial remedy. But if you’re thinking about entering into an arbitration arrangement with your employees, you should proceed cautiously. Read on to learn more about some of the potential pitfalls that may result when litigating the validity of an arbitration agreement.

As discussed in previous issues of Kentucky Employment Law Letter, employers and employees continue to enter into binding arbitration agreements under which both sides agree to resolve any disputes arising out of the employment relationship before an arbitrator. Usually, that means the employee doesn’t have the option of seeking a judicial remedy. But if you’re thinking about entering into an arbitration arrangement with your employees, you should proceed cautiously. Read on to learn more about some of the potential pitfalls that may result when litigating the validity of an arbitration agreement.

In March, Democrats introduced the Employee Free Choice Act (EFCA) in both Houses of Congress.The EFCA controversial legislation, which has been the subject of countless debate, would amend the National Labor Relations Act and make it easier and quicker for workers to unionize.

On May 7th, President Obama released the details of his 2010 budget. The budget, overall worth about $3.4 trillion, contains billions of dollars for the Department of Labor (“DOL”) to spend on employer investigations focused on safety (Occupational Safety and Health Administration, “OSHA”) and wage and hour violations. These billions represent a substantial increase in ...

On May 7th, President Obama released the details of his 2010 budget. The budget, overall worth about $3.4 trillion, contains billions of dollars for the Department of Labor (“DOL”) to spend on employer investigations focused on safety (Occupational Safety and Health Administration, “OSHA”) and wage and hour violations. These billions represent a substantial increase in ...

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