There was an appearance of impropriety when the attorney for one side wrote a letter of recommendation for the trial court judge while the case was pending; trial court judge should have recused himself from the proceedings.
Civil
KS & E Sports v. Runnels, No. 32S01-1704-PC-226, __ N.E.3d __ (Ind., April 24, 2017).
A firearms seller is immune from a damages suit for injuries caused by another person’s misuse of a firearm, but the seller is not immune from a public nuisance claim seeking equitable relief.
Ryan v. TCI Architects/Engineers/Contractors, Inc., No. 49S02-1704-CT-253, __ N.E.3d __ (Ind., April 26, 2017).
By entering into a contract containing language that required general contractor to assume responsibility for implementing and monitoring safety precautions and programs for all individuals working on the site, and by agreeing to designate a safety representative to supervise such implementation and monitoring, the general contractor affirmatively demonstrated an intent to assume a nondelegable duty of care toward the subcontractor.
McKeen v. Turner, No. 53S05-1704-CT-202, __ N.E.3d __ (Ind., April 7, 2017).
Plaintiff may raise any theories of alleged malpractice during litigation following the Medical Review Panel process if (1) the proposed complaint encompasses the theories, and (2) the evidence relating to those theories was before the Medical Review Panel.
Consumer Attorney Services, P.A. v. State, No. 49S05-1703-PL-161, __ N.E.3d __ (Ind,, March 21, 2017).
Neither the Credit Services Organizations Act, Mortgage Rescue Protection Fraud Act, Home Loan Practices Act, nor Deceptive Consumer Sales Act provides an exemption for law firms.