Pavlack Law, LLC

Indiana Trial Rule 13(J): Now More Cloudy Than Ever

This week we discuss the often-overlooked, always-confusing Indiana Trial Rule 13(J) that allows for time-barred counterclaims to be raised ... or so we thought until last week's Delacruz v. Wittig decision…more

7th Circuit Rejects Heightened Ascertainability Requirement in Consumer Class Actions Signaled in Carrera v. Bayer Corp. (3d Cir. 2013)

In a major decision, the Seventh Circuit rejected the heightened ascertainability requirement for class certification that has been recently adopted in the Third Circuit. As a result, the Seventh Circuit not only rejected…more

7th Circuit Weighs in on Crucial Standing Issue in Cyberattack Cases

Today's discussion focuses on this week's Seventh Circuit decision in Remijas v. Neiman Marcus Grp., LLC, in which the court found standing for a putative class action following a cyberattack causing credit card information for…more

Indiana: Failure to Wear Seatbelt Not Admissible in Personal Injury Case

This week's discussion focuses on a recent Indiana appellate decision affirming a motion in liming to exclude evidence that the plaintiff in personal injury case was not wearing a seatbelt at the time of the collision. We use…more

Indiana Supreme Court Issues Rare Decision Addressing Pro Hac Vice Admission in Indiana

A discussion of the Indiana Supreme Court's decision in YTC Dream Homes, Inc. v. DirectBuy, Inc. discussing the propriety of pro hac vice admission and also proposing an amendment I'd like to see to Indiana Appellate Rule 14(A)…more

When Appeals Go Bad: Attorney’s Fees for Frivolous Appeals in Indiana

Although it is extremely rare, there are cases in which arguments on appeal are so tremendously devoid of merit so as to subject their advocates to sanctions for payment of opposition attorney fees for frivolity. This post…more

Saving a Claim After Dismissal: Indiana’s Journey’s Account Statute

What happens when a claim is dismissed on procedural grounds but the statute of limitations has run? The answer might be found in a Journey's Account Statute. Here, we discuss the function of Indiana' sJourney's Account Statute…more

What Happens on Appeal When Trial Court Dismisses Case Without Deciding All Issues: Competing Fields of Thought?

What happens when the trial court enters a final judgment that isn't really final because the trial court has not actually decided every issue? Earlier this month, Chief Judge Wood for the Seventh Circuit indicated that an…more

Indiana Supreme Court: ‘Value’ of Work Includes More than Money Paid

This week, the Indiana Supreme Court was faced with an issue of first impression: whether "value" in the Worker's Compensation Act meant only the money paid for the work or whether it included other consideration for the work…more

SCOTUS Resolves Circuit Split in CAFA Amount in Controversy Burden

This installment of the Hoosier Litigation Blog looks at the Class Action Fairness Act's amount in controversy requirement and this week's Supreme Court decision in Dart Cherokee Basin Operating Company, LLC v. Owens in which…more

Indiana Supreme Court: Family of Disabled Student Who Choked to Death at School Will Have Day in Court

This installment focuses on the Indiana Supreme Court decision in Lyons v. Richmond Community School Corporation that examined the application of fraudulent concealment and the discovery rule to the Indiana Tort Claims Act and…more

Indiana Supreme Court Holds: Trial Court Has Discretion to Not Grant Crime Victims Relief Act Award Even When Predicate Act is Proven

This discussion focuses on the Indiana Supreme Court decision in Wysocki v. Johnson, in which the Indiana Supreme Court held that a trial court is not obligated to apply the Indiana Crime Victims Relief Act even where plaintiffs…more

Indiana Supreme Court Answers Issue of First Impression on Attorney Fees Under Medical Malpractice Act

Today's discussion examines a case of first impression in the Indiana Supreme Court that reversed the court of appeals decision. The court addressed whether a statutory cap on attorney fee recovery from a client in medical…more

Does a Subsequent Order Labeling Another a ‘Final Judgment’ Impact the Deadline for Filing an Appeal?

This discussion examines a host of cases from the Seventh Circuit and Indiana Court of Appeals from the past week and focuses on a case from Indiana examining whether a subsequent order labeling a prior order as a "final…more

Does Indiana’s General Wrongful Death Statute Permit Recovery of Attorney Fees? Court Says, ‘Yes’

This week's discussion looks at a case addressing a novel argument under the Indiana General Wrongful Death Statute that argued attorney fees are only available to decedents without dependents. The Court of Appeals found the…more
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255 N. Alabama St., Ste. 301 Ste. 201
Indianapolis, IN 46204, United States

Contact: Eric Pavlack

  • (317) 251-1100
  • (317) 252-0352

Areas of Practice
  • Appellate Practice
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Labor & Employment Law
  • Litigation
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Securities Law
  • Toxic Torts
  • Worker’s Compensation
See more
Other U.S. Locations
  • Indiana
Number of Attorneys

2-10 Attorneys

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