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Litigation, Trials and Appeals
Ever since the signing into law of the Indiana Medical Malpractice Act (MMA) by Governor Otis Bowen in 1975, physicians and other health care providers in Indiana have had no worries about potential exposure of their personal assets as the result of a judgment in favor of a patient in a medical malpractice lawsuit. This...
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As an update to a blog published by KDDK attorney Maria L. Bulkley (formerly Maria L. Worthington), the Indiana Supreme Court denied transfer in the case of Tillman v. Tillman on October 10, 2013.  87A05-1212-DR-619, 2013 WL 3376920 (Ind. Ct. App. July 3, 2013), trans. denied.  Therefore, the rule stands that, in Indiana, guardians cannot...
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Kahn, Dees, Donovan & Kahn, LLP (KDDK) has hired Patrick C. Thomas as an associate attorney.  He was sworn in during an Admission Ceremony held today in Indianapolis. Patrick C. Thomas (Pat) has joined KDDK as an associate and serves on the firm’s Litigation and Trial Services practice team.  Pat is licensed to practice law...
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Manufacturers routinely rely on suppliers to provide quality components to be used in the final product. Manufacturers may assume that suppliers have a legal obligation to provide components that work properly. Indeed, the law does provide for certain warranties in the sale of goods even when the parties to the transaction do not reduce their supply agreement...
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The question routinely comes up of whether an employer may bring a lawsuit against a third party for injuries suffered by an employee as a result of a third party’s negligent act. For example, an employee is injured in an automobile accident with a third party.  The third party is at fault for the employee’s...
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It’s that time of year again.  A time when baseballs begin to sail through the air and evenings are filled with the aroma of hot dogs and a freshly mown infield.  Organ music fills the stands and the umpire screams, “Play ball!”  The sense of euphoria, however, can quickly be soured by a screaming line...
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Most restaurant owners have, at one time or another, witnessed a fight at their establishment.  But did you know that given the current state of Indiana case law, you may be held jointly liable for injuries sustained in a fight, and you may not have coverage from your insurer for such liability.  Ultimately you may...
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If you are serving a nonprofit organization or coaching a youth sport, it is important to understand the limitations and coverage of the organization’s insurance policy to protect yourself and others.  As this following case demonstrates, it is vital to make sure the insurance coverage and the business purpose enumerated in organizational documents, bylaws and...
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“What’s on your mind?” Now that some 1.01 billion people actively answer this question on not only a daily, but sometimes a number of times a day, basis by posting to their Facebook pages, Facebook has become a treasure trove for discovery of information lawyers may use in court. In fact, it has been suggested...
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Perhaps you’ve heard this phrase: “Sell the family farm.”  The Indiana legislature has just made that more likely. A common estate planning technique is for mom and dad to “leave the family farm” in separate, equal shares to their children, who can then sell their shares to another or pass them to their children.  Of...
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