The best practices for conducting a summary proceeding, “would include establishing on the record: 1) affirmative agreement from the attorneys that proceedings will be conducted summarily, for those represented by counsel; 2) affirmative agreement by both clients or unrepresented litigants to summary proceedings; 3) opportunity for both parties to add any other relevant information regarding the issues in dispute before the summary proceeding is concluded or to affirm the arguments made by counsel; and 4) an advisement in advance of the hearing that either party is free to object to the form of the proceeding and request a full evidentiary hearing, upon which formal rules of evidence and procedure will be observed.”
Civil
Smith v. Foegley Landscape, Inc., No. 71A03-1405-SC-169, __N.E.3d __ (Ind. Ct. App., April 20, 2015).
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.
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.