Submitting an affidavit for attorney’s fees that merely states that as a result of representation plaintiff incurred costs and legal expenses related to the litigation is not enough; the affidavit should contain information concerning the nature of services so the court can evaluate the reasonableness of the fees.
Civil
Wellpoint, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, No. 49S05-1404-PL-244, __N.E.3d __ (Ind., April 22, 2015).
Plaintiff is entitled to insurance coverage, including coverage for defense costs, except for its settlement losses.
Babchuk v. Indiana University Health Tipton Hospital, Inc., No. 80A04-1409-PL-447, __N.E.3d __ (Ind. Ct. App., April 22, 2015).
It is the defendant’s burden to timely file a T.R. 41(E) motion to dismiss before the plaintiff resumes prosecution.
Munoz v. Woroszylo, No. 79A02-1409-CT-679, __N.E.3d __ (Ind. Ct. App., April 13, 2015).
Although plaintiff used bad judgment filing suit in federal court in Illinois, there was no evidence it was done in bad faith and the lawsuit could proceed based on the Journey’s Account Statute.
Grant v. Bank of New York Mellon Trust Co., No. 49A05-1404-MF-139, __N.E.3d __ (Ind. Ct. App., April 6, 2015).
Plaintiff improperly attempted to circumvent the trial court’s T.R. 41 ruling by filing a new complaint raising identical legal and factual issues.