Pavlack Law, LLC

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
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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
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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
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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
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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
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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
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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
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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
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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
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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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Indiana Preferred Venue Rules: Is Reputation An Intangible Chattel?

Today's discussion focuses on Indiana's venue rules and the quirk of preferred venue but also delves into the issue of what constitutes an intangible chattel for the purposes of venue and whether reputation in a defamation case…more
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7th Circuit (Easterbrook) Reminds that Comcast v. Behrend Does Not Require Proof of Classwide Damages

This installment of the Hoosier Litigation Blog continues the discussion of whether the Supreme Court's decision in Comcast Corp. v. Behrend requires proof of classwide damages…more
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Does Indiana’s Cap on Punitive Damages Apply to Statutory Treble-Damage Awards? Court Says ‘No’

This week's discussion examines the interplay between Indiana's Punitive Damages Statute that caps and otherwise limits the ability recover common-law punitive damage awards and exemplary damage awards available under certain…more
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7th Circuit (Wood, C.J.) Examines Federal Interpleader & Application of the Rooker-Feldman Doctrine

This week's discussion examines the Rooker-Feldman doctrine along with federal interpleader and the Wilton-Brillhart abstention doctrine through the recent Seventh Circuit decision Arnold v. KJD Rel Estate, LLC. The discussion…more
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Indiana Supreme Court: Fraudulent Concealment Tolls Wrongful Death Act Statute of Limitations Period

Today's discussion is a follow up to a prior discussion of the case Alldredge v. Good Samaritan Home, Inc. which found its way to the Indiana Supreme Court. The court held that the Fraudulent Concealment Statute acts to toll…more
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Contact

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
Locations
Other U.S. Locations
  • Indiana
Number of Attorneys

2-10 Attorneys

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