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Litigation, Trials and Appeals
“It’s hard not to be romantic about baseball,” begins the Indiana Supreme Court in its recent decision in South Shore Baseball, LLC d/b/a Gary South Shore Railcats and Northwest Sports Venture, LLC v. Juanita DeJesus. The case arose when Juanita DeJesus was hit by a pop-up foul ball during the opening day Gary South Shore Railcats...
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Recently, the Southern District of Illinois had occasion to address what are becoming familiar requests for production of parties’ Facebook pages.  See Stallings v. City of Johnston City, 2014 U.S. Dist. LEXIS 68566 (S.D. Ill. 2014).  The dispute underscores the importance of making sure you and your attorney understand the types of available evidence on...
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With the cold temperatures and unusually high snowfall amounts, the number of slip and fall accidents on sidewalks is high in the Tri-State this year. For business owners, this may give rise to the question, “is an injury from a slip and fall my responsibility?” The answer, like most things in the law, is not...
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If you own a company that provides cell phones and/or tablets to its employees, take note:  text messages of your employees are subject to litigation hold notices, too, just like email, files on your computers, and physical files. As was made abundantly clear by the Southern District of Illinois in its recent, lengthy opinion in...
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All of us know that Americans are spending more time with social networking.  Those aged 18 to 64 who use social networks say they spend an average of 3.2 hours per day doing so, according to new research released by Ipsos Open Thinking Exchange (OTX). The law governing providing notice of a lawsuit to individuals...
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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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