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PAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v.LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart.COLIN E. FLORA
Colin E. Flora. “As plaintiffs’ lawyers, we have to understand the case better than the defense ever can if we’re going to win. We go in trying to know every argument they could and should make.”. Colin Flora has a mind that is always at work—as evidenced by his lengthy resume’ of academic accomplishments and published legal writings. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA: WHAT TO DO WHEN DISCOVERING AFTER THE STATUTE OF This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment.PAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v.LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart.COLIN E. FLORA
Colin E. Flora. “As plaintiffs’ lawyers, we have to understand the case better than the defense ever can if we’re going to win. We go in trying to know every argument they could and should make.”. Colin Flora has a mind that is always at work—as evidenced by his lengthy resume’ of academic accomplishments and published legal writings. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA: WHAT TO DO WHEN DISCOVERING AFTER THE STATUTE OF This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights. SEVENTH CIRCUIT EXAMINES EFFECT OF FAILING TO TIMELY FILE June 11, 2021. by: Colin E. Flora We have discussed the nuances of the governing standards for summary judgment in both Indiana and federal courts. We have even examined the propriety of filing a reply brief in support of summary judgment within an Indiana state court. We have not, however, addressed what happens when a party fails to timely respond to a motion for summary judgment. WHO IS PROTECTED FROM CIVIL LIABILITY BY INDIANA’S GOOD Truncating it down to the important parts it says: “ person who . . . gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from: (1) any act or omission by the person in rendering the emergency care; or (2) any act or failure to act toprovide or
COLIN E. FLORA
Colin E. Flora. “As plaintiffs’ lawyers, we have to understand the case better than the defense ever can if we’re going to win. We go in trying to know every argument they could and should make.”. Colin Flora has a mind that is always at work—as evidenced by his lengthy resume’ of academic accomplishments and published legal writings. DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. SUBSTANTIAL COMPLIANCE WITH FEDERAL RULE 11(C)(2): ARE The court ordered that both NITEL and its lawyer be held jointly and severally liable for $84,325. The lawyer appealed, arguing that PNC Bank’s letters did not comply with the requirements of Rule 11 (c) (2). On appeal, the majority of the panel agreed. Judge Hamilton’s decision traced Rule 11 to its original form in 1938 and followed it THE ROLE OF MEDICAL EXPENSES IN PERSONAL INJURY CASES That means that prior to Stanley v. Walker, the insurance adjuster believed that Mr. Walker’s pain and suffering, injuries, and medical expenses combined would be worth the billed expenses plus an amount equal to twice the billed expenses. That is: $11,570 + ($11,570 x 2) = $34,710. After Stanley v. FEDERAL DIVERSITY JURISDICTION AND THE “GAPING HOLE by: Colin E. Flora This week we take a look at one of the two primary jurisdictional means by which a case may be brought in federal court –– id est federal diversity jurisdiction.In addition, we examine what has been referred to as the “Gaping Hole Problem” in diversity jurisdiction that arises from the potential exercise of supplemental jurisdiction. INDIANA SUPREME COURT: ‘EVEN SLIGHT EVIDENCE OF EXCUSABLE This week, we look at the Indiana Supreme Court’s extremely brief decision in Wamsley v. Tree City Village, which affirmed a trial court’s order setting aside default judgment because there was “even slight evidence of excusable neglect.” INDIANA SUPREME COURT PERMITS APPLICATION OF EQUITABLE This first of two posts today addresses the Indiana Supreme Court decision to reinstate the case in Schoettmer v. Wright despite the plaintiffs having failed to file proper timely notice under the Indiana Tort Claims Act (ITCA) because there was sufficient evidence to allow a jury to find that the doctrine of equitable estoppel applied to prevent the defendants from avoiding liability underPAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v.LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart. INDIANA SUPREME COURT REMINDS OF OBLIGATION TO TIMELY FILE Finding no grounds to overcome Rule 9(A)(5), the Indiana Supreme Court granted transfer and dismissed the appeal. The result of grant of transfer is, under Appellate Rule 58(A), that the split decision from the Court of Appeals has been vacated.. Join us again next time for further discussion of developments in the law. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment.PAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v.LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart. INDIANA SUPREME COURT REMINDS OF OBLIGATION TO TIMELY FILE Finding no grounds to overcome Rule 9(A)(5), the Indiana Supreme Court granted transfer and dismissed the appeal. The result of grant of transfer is, under Appellate Rule 58(A), that the split decision from the Court of Appeals has been vacated.. Join us again next time for further discussion of developments in the law. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights. WHO IS PROTECTED FROM CIVIL LIABILITY BY INDIANA’S GOOD Truncating it down to the important parts it says: “ person who . . . gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from: (1) any act or omission by the person in rendering the emergency care; or (2) any act or failure to act toprovide or
COLIN E. FLORA
Colin E. Flora. “As plaintiffs’ lawyers, we have to understand the case better than the defense ever can if we’re going to win. We go in trying to know every argument they could and should make.”. Colin Flora has a mind that is always at work—as evidenced by his lengthy resume’ of academic accomplishments and published legal writings. DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA: WHAT TO DO WHEN DISCOVERING AFTER THE STATUTE OF This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence THE ROLE OF MEDICAL EXPENSES IN PERSONAL INJURY CASES That means that prior to Stanley v. Walker, the insurance adjuster believed that Mr. Walker’s pain and suffering, injuries, and medical expenses combined would be worth the billed expenses plus an amount equal to twice the billed expenses. That is: $11,570 + ($11,570 x 2) = $34,710. After Stanley v. DAMAGES PT. 7: INDIANA CRIME VICTIM’S RELIEF ACT Damages Pt. 7: Indiana Crime Victim’s Relief Act. by: Colin E. Flora. In this week’s installment in our series on damages, the attorneys at Pavlack Law discuss damages available to a victim of a criminal offense. While it is true that in many, if not most, cases in which a person has committed a crime against another there is a FEDERAL DIVERSITY JURISDICTION AND THE “GAPING HOLE by: Colin E. Flora This week we take a look at one of the two primary jurisdictional means by which a case may be brought in federal court –– id est federal diversity jurisdiction.In addition, we examine what has been referred to as the “Gaping Hole Problem” in diversity jurisdiction that arises from the potential exercise of supplemental jurisdiction. INDIANA SUPREME COURT: ‘EVEN SLIGHT EVIDENCE OF EXCUSABLE This week, we look at the Indiana Supreme Court’s extremely brief decision in Wamsley v. Tree City Village, which affirmed a trial court’s order setting aside default judgment because there was “even slight evidence of excusable neglect.” INDIANA COURT OF APPEALS REVERSES RULE 41(E) DISMISSAL FOR Permanent Link Archived: https://perma.cc/GWK9-4X7Y by: Colin E. Flora Despite the often-stated line that pro se litigants are held to the same standard as practicing lawyers, the simple fact is that in many instances, they are not. As the Indiana Supreme Court recognized in Zavodnik v.Harper: “he system actually imposes more restrictions on represented parties, at least indirectlyPAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v.LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart. INDIANA SUPREME COURT REMINDS OF OBLIGATION TO TIMELY FILE Finding no grounds to overcome Rule 9(A)(5), the Indiana Supreme Court granted transfer and dismissed the appeal. The result of grant of transfer is, under Appellate Rule 58(A), that the split decision from the Court of Appeals has been vacated.. Join us again next time for further discussion of developments in the law. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment.PAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v.LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart. INDIANA SUPREME COURT REMINDS OF OBLIGATION TO TIMELY FILE Finding no grounds to overcome Rule 9(A)(5), the Indiana Supreme Court granted transfer and dismissed the appeal. The result of grant of transfer is, under Appellate Rule 58(A), that the split decision from the Court of Appeals has been vacated.. Join us again next time for further discussion of developments in the law. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights. WHO IS PROTECTED FROM CIVIL LIABILITY BY INDIANA’S GOOD Truncating it down to the important parts it says: “ person who . . . gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from: (1) any act or omission by the person in rendering the emergency care; or (2) any act or failure to act toprovide or
COLIN E. FLORA
Colin E. Flora. “As plaintiffs’ lawyers, we have to understand the case better than the defense ever can if we’re going to win. We go in trying to know every argument they could and should make.”. Colin Flora has a mind that is always at work—as evidenced by his lengthy resume’ of academic accomplishments and published legal writings. DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA: WHAT TO DO WHEN DISCOVERING AFTER THE STATUTE OF This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence THE ROLE OF MEDICAL EXPENSES IN PERSONAL INJURY CASES That means that prior to Stanley v. Walker, the insurance adjuster believed that Mr. Walker’s pain and suffering, injuries, and medical expenses combined would be worth the billed expenses plus an amount equal to twice the billed expenses. That is: $11,570 + ($11,570 x 2) = $34,710. After Stanley v. DAMAGES PT. 7: INDIANA CRIME VICTIM’S RELIEF ACT Damages Pt. 7: Indiana Crime Victim’s Relief Act. by: Colin E. Flora. In this week’s installment in our series on damages, the attorneys at Pavlack Law discuss damages available to a victim of a criminal offense. While it is true that in many, if not most, cases in which a person has committed a crime against another there is a FEDERAL DIVERSITY JURISDICTION AND THE “GAPING HOLE by: Colin E. Flora This week we take a look at one of the two primary jurisdictional means by which a case may be brought in federal court –– id est federal diversity jurisdiction.In addition, we examine what has been referred to as the “Gaping Hole Problem” in diversity jurisdiction that arises from the potential exercise of supplemental jurisdiction. INDIANA SUPREME COURT: ‘EVEN SLIGHT EVIDENCE OF EXCUSABLE This week, we look at the Indiana Supreme Court’s extremely brief decision in Wamsley v. Tree City Village, which affirmed a trial court’s order setting aside default judgment because there was “even slight evidence of excusable neglect.” INDIANA COURT OF APPEALS REVERSES RULE 41(E) DISMISSAL FOR Permanent Link Archived: https://perma.cc/GWK9-4X7Y by: Colin E. Flora Despite the often-stated line that pro se litigants are held to the same standard as practicing lawyers, the simple fact is that in many instances, they are not. As the Indiana Supreme Court recognized in Zavodnik v.Harper: “he system actually imposes more restrictions on represented parties, at least indirectlyPAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v.LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart. INDIANA SUPREME COURT REMINDS OF OBLIGATION TO TIMELY FILE Finding no grounds to overcome Rule 9(A)(5), the Indiana Supreme Court granted transfer and dismissed the appeal. The result of grant of transfer is, under Appellate Rule 58(A), that the split decision from the Court of Appeals has been vacated.. Join us again next time for further discussion of developments in the law. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment.PAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v.LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart. INDIANA SUPREME COURT REMINDS OF OBLIGATION TO TIMELY FILE Finding no grounds to overcome Rule 9(A)(5), the Indiana Supreme Court granted transfer and dismissed the appeal. The result of grant of transfer is, under Appellate Rule 58(A), that the split decision from the Court of Appeals has been vacated.. Join us again next time for further discussion of developments in the law. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights. WHO IS PROTECTED FROM CIVIL LIABILITY BY INDIANA’S GOOD Truncating it down to the important parts it says: “ person who . . . gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from: (1) any act or omission by the person in rendering the emergency care; or (2) any act or failure to act toprovide or
COLIN E. FLORA
Colin E. Flora. “As plaintiffs’ lawyers, we have to understand the case better than the defense ever can if we’re going to win. We go in trying to know every argument they could and should make.”. Colin Flora has a mind that is always at work—as evidenced by his lengthy resume’ of academic accomplishments and published legal writings. DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA: WHAT TO DO WHEN DISCOVERING AFTER THE STATUTE OF This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence THE ROLE OF MEDICAL EXPENSES IN PERSONAL INJURY CASES That means that prior to Stanley v. Walker, the insurance adjuster believed that Mr. Walker’s pain and suffering, injuries, and medical expenses combined would be worth the billed expenses plus an amount equal to twice the billed expenses. That is: $11,570 + ($11,570 x 2) = $34,710. After Stanley v. DAMAGES PT. 7: INDIANA CRIME VICTIM’S RELIEF ACT Damages Pt. 7: Indiana Crime Victim’s Relief Act. by: Colin E. Flora. In this week’s installment in our series on damages, the attorneys at Pavlack Law discuss damages available to a victim of a criminal offense. While it is true that in many, if not most, cases in which a person has committed a crime against another there is a FEDERAL DIVERSITY JURISDICTION AND THE “GAPING HOLE by: Colin E. Flora This week we take a look at one of the two primary jurisdictional means by which a case may be brought in federal court –– id est federal diversity jurisdiction.In addition, we examine what has been referred to as the “Gaping Hole Problem” in diversity jurisdiction that arises from the potential exercise of supplemental jurisdiction. INDIANA SUPREME COURT: ‘EVEN SLIGHT EVIDENCE OF EXCUSABLE This week, we look at the Indiana Supreme Court’s extremely brief decision in Wamsley v. Tree City Village, which affirmed a trial court’s order setting aside default judgment because there was “even slight evidence of excusable neglect.” INDIANA COURT OF APPEALS REVERSES RULE 41(E) DISMISSAL FOR Permanent Link Archived: https://perma.cc/GWK9-4X7Y by: Colin E. Flora Despite the often-stated line that pro se litigants are held to the same standard as practicing lawyers, the simple fact is that in many instances, they are not. As the Indiana Supreme Court recognized in Zavodnik v.Harper: “he system actually imposes more restrictions on represented parties, at least indirectlyPAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v. INDIANA SUPREME COURT REMINDS OF OBLIGATION TO TIMELY FILE Finding no grounds to overcome Rule 9(A)(5), the Indiana Supreme Court granted transfer and dismissed the appeal. The result of grant of transfer is, under Appellate Rule 58(A), that the split decision from the Court of Appeals has been vacated.. Join us again next time for further discussion of developments in the law.LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment.PAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v. INDIANA SUPREME COURT REMINDS OF OBLIGATION TO TIMELY FILE Finding no grounds to overcome Rule 9(A)(5), the Indiana Supreme Court granted transfer and dismissed the appeal. The result of grant of transfer is, under Appellate Rule 58(A), that the split decision from the Court of Appeals has been vacated.. Join us again next time for further discussion of developments in the law.LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights.COLIN E. FLORA
Colin E. Flora. “As plaintiffs’ lawyers, we have to understand the case better than the defense ever can if we’re going to win. We go in trying to know every argument they could and should make.”. Colin Flora has a mind that is always at work—as evidenced by his lengthy resume’ of academic accomplishments and published legal writings. WHO IS PROTECTED FROM CIVIL LIABILITY BY INDIANA’S GOOD Truncating it down to the important parts it says: “ person who . . . gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from: (1) any act or omission by the person in rendering the emergency care; or (2) any act or failure to act toprovide or
WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. INDIANA: WHAT TO DO WHEN DISCOVERING AFTER THE STATUTE OF This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence THE ROLE OF MEDICAL EXPENSES IN PERSONAL INJURY CASES That means that prior to Stanley v. Walker, the insurance adjuster believed that Mr. Walker’s pain and suffering, injuries, and medical expenses combined would be worth the billed expenses plus an amount equal to twice the billed expenses. That is: $11,570 + ($11,570 x 2) = $34,710. After Stanley v. INDIANA SUPREME COURT: ‘EVEN SLIGHT EVIDENCE OF EXCUSABLE This week, we look at the Indiana Supreme Court’s extremely brief decision in Wamsley v. Tree City Village, which affirmed a trial court’s order setting aside default judgment because there was “even slight evidence of excusable neglect.” FEDERAL DIVERSITY JURISDICTION AND THE “GAPING HOLE by: Colin E. Flora This week we take a look at one of the two primary jurisdictional means by which a case may be brought in federal court –– id est federal diversity jurisdiction.In addition, we examine what has been referred to as the “Gaping Hole Problem” in diversity jurisdiction that arises from the potential exercise of supplemental jurisdiction. DAMAGES PT. 7: INDIANA CRIME VICTIM’S RELIEF ACT Damages Pt. 7: Indiana Crime Victim’s Relief Act. by: Colin E. Flora. In this week’s installment in our series on damages, the attorneys at Pavlack Law discuss damages available to a victim of a criminal offense. While it is true that in many, if not most, cases in which a person has committed a crime against another there is aPAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart. SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v. INDIANA: WHAT TO DO WHEN DISCOVERING AFTER THE STATUTE OF This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. THE ROLE OF MEDICAL EXPENSES IN PERSONAL INJURY CASES That means that prior to Stanley v. Walker, the insurance adjuster believed that Mr. Walker’s pain and suffering, injuries, and medical expenses combined would be worth the billed expenses plus an amount equal to twice the billed expenses. That is: $11,570 + ($11,570 x 2) = $34,710. After Stanley v. INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act.PAVLACK LAW, LLC
Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic.CLASS ACTION
Helpful information about class action laws in Indiana. A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act. Only a judge can decide whethera
LANCE LADENDORF
Lance Ladendorf is what you might call a “people’s lawyer”. When he talks about the law, he invariably speaks about it in the context of how it impacts his clientsfollowed by how his client’s struggles and victories have impacted him. He has spent the last seven years as a plaintiff’s attorney, leading with both his head and his heart. SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v. INDIANA: WHAT TO DO WHEN DISCOVERING AFTER THE STATUTE OF This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence WHAT CONSTITUTES SPOLIATION OF EVIDENCE IN INDIANA AND As the court, quoting a prior decision from the Indiana Tax Court, wrote, “Spoliation is a particular discovery abuse that involves the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence.”. It is a concept that must exist to prevent the willful destruction of evidence that does not favor a DAMAGES PT. 13: SENTIMENTAL VALUE IN PERSONAL PROPERTY Damages Pt. 13: Sentimental Value in Personal Property. by: Colin E. Flora. It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. THE ROLE OF MEDICAL EXPENSES IN PERSONAL INJURY CASES That means that prior to Stanley v. Walker, the insurance adjuster believed that Mr. Walker’s pain and suffering, injuries, and medical expenses combined would be worth the billed expenses plus an amount equal to twice the billed expenses. That is: $11,570 + ($11,570 x 2) = $34,710. After Stanley v. INDIANA COURT EXPLAINS MEANINGFUL DIFFERENCE BETWEEN STATE by: Colin E. Flora This week’s installment of the Hoosier Litigation Blog is a short but useful piece for Indiana practitioners. In today’s post we take a look at a very meaningful difference between the federal and Indiana state court standard for summary judgment. INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. OUR FIRM | PAVLACK LAW, LLC Cory Whistler. 1/20/2020. Eric Pavlack goes above and beyond for justice. We had a tragic situation involving a very difficult case. One of the "well known lawyers with daily commercials", did nothing for almost a year except waste valuable time for the family. The clock nearly expired for the surviving children to exercise their rights. BLOG | PAVLACK LAW, LLC Today’s discussion covers a great many recent decisions but focuses primarily on the Seventh Circuit’s important decision in Flores v. City of South Bend that helped refine Section 1983 Monell liability under the failure-to-train theory and reminded that reckless conduct may be sufficiently egregious for a jury to find conduct constituted actionable deliberate indifference. SEVENTH CIRCUIT TAKES RARE DEEP DIVE INTO NUMEROSITY Seventh Circuit Takes Rare Deep Dive into Numerosity. January 29, 2021. by: Colin E. Flora. After several relatively quiet weeks from Indiana’s appellate courts, the last two days have been a flurry of appellate decisions that merit attention. More likely than not, next week, we’ll discuss the de facto companion decisions of Ladra v.COLIN E. FLORA
Colin E. Flora. “As plaintiffs’ lawyers, we have to understand the case better than the defense ever can if we’re going to win. We go in trying to know every argument they could and should make.”. Colin Flora has a mind that is always at work—as evidenced by his lengthy resume’ of academic accomplishments and published legal writings. THE ROLE OF MEDICAL EXPENSES IN PERSONAL INJURY CASES That means that prior to Stanley v. Walker, the insurance adjuster believed that Mr. Walker’s pain and suffering, injuries, and medical expenses combined would be worth the billed expenses plus an amount equal to twice the billed expenses. That is: $11,570 + ($11,570 x 2) = $34,710. After Stanley v. INDIANA SUPREME COURT: ‘EVEN SLIGHT EVIDENCE OF EXCUSABLE This week, we look at the Indiana Supreme Court’s extremely brief decision in Wamsley v. Tree City Village, which affirmed a trial court’s order setting aside default judgment because there was “even slight evidence of excusable neglect.” SUBSTANTIAL COMPLIANCE WITH FEDERAL RULE 11(C)(2): ARE The court ordered that both NITEL and its lawyer be held jointly and severally liable for $84,325. The lawyer appealed, arguing that PNC Bank’s letters did not comply with the requirements of Rule 11 (c) (2). On appeal, the majority of the panel agreed. Judge Hamilton’s decision traced Rule 11 to its original form in 1938 and followed it INDIANA SUPREME COURT: TRIAL COURT HAS DISCRETION TO NOT This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs have proven commission of a predicate act. FEDERAL DIVERSITY JURISDICTION AND THE “GAPING HOLE by: Colin E. Flora This week we take a look at one of the two primary jurisdictional means by which a case may be brought in federal court –– id est federal diversity jurisdiction.In addition, we examine what has been referred to as the “Gaping Hole Problem” in diversity jurisdiction that arises from the potential exercise of supplemental jurisdiction. DAMAGES PT. 7: INDIANA CRIME VICTIM’S RELIEF ACT Damages Pt. 7: Indiana Crime Victim’s Relief Act. by: Colin E. Flora. In this week’s installment in our series on damages, the attorneys at Pavlack Law discuss damages available to a victim of a criminal offense. While it is true that in many, if not most, cases in which a person has committed a crime against another there is a Call (317) 251-1100 for a Free Consultation Pavlack Law, LLC – Indiana Contingency Fee Lawyers* Home
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(317) 251-1100
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COMMITTED TO JUSTICE, COMMITTED TO YOUR RIGHTS Pavlack Law represents people and businesses in civil litigation. We are dedicated to helping individuals and businesses who have been physically injured, wrongfully discharged or underpaid by an employer, victimized by abusive consumer or insurance practices, or wronged by a breach of contract or other improper business tactic. Our guiding philosophy is to efficiently and aggressively handle your case so you can get back to what is important to you. We usually work on a contingency basis, which means you do not pay us for our services unless we recover for you; but we also provide services on flat-fee, hourly, and mixed hourly/contingency arrangements. We are highly tech-savvy, and use it to our advantage in all facets of our representation, from case management to courtroom and jury presentations. If you are in need of legal services, you deserve to have a top attorney on your side. Contact our Indianapolis practice today to set up a consultation. We have extensive experience representing plaintiffs in a variety of civil lawsuits. We have helped people injured by another’s negligence put their lives back together, advocated for thousands of victims of price-fixing in class action antitrust cases, represented employees when their employers failed to pay them proper wages, and helped businesses in contract disputes. -------------------------PRACTICE AREAS
PERSONAL INJURY
If you or a loved one has been hurt due to someone's carelessness, Pavlack Law can help you recover for these injuries.Learn More
CLASS ACTION
Pavlack Law is highly experienced in class action cases on behalf of large groups of people affected by the same wrongful acts.Learn More
BUSINESS LITIGATION
WAGE DISPUTES
If you are involved in a business dispute, Pavlack Law can help defend or enforce your important rights. If your employer failed to pay you all of your earned wages or commissions, Pavlack Law can help you get what you're owed.Learn More
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DO I HAVE A CASE?
CLICK HERE FOR A FREE CONSULTATIONPavlack Law, LLC
50 E. 91st St., Ste. 317 Indianapolis, IN 46240(317) 251-1100
Fax: (317) 252-0352
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