Pavlack Law, LLC

255 N. Alabama St., Ste. 301 Ste. 201
Indianapolis, IN 46204, United States

Contact: Eric Pavlack

  • (317) 251-1100
  • (317) 252-0352

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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Indiana Court of Appeals: When Can a Trial Court Change Its Mind?

This installment of the Hoosier Litigation Blog focuses on the procedures for reviewing challenging an interlocutory order before the trial court. It also looks at the recent changes to Ind. Trial Rule 60(B) after a 2008…more
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Indiana Court Examines Discretionary Function Immunity After Middle School Shooting Case

This week's discussion looks to a case following from a shooting at a school in Martinsville, Indiana and explores the ability of a public school to utilize discretionary function immunity under Indiana Tort Claim's Act as well…more
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Does § 1981 Provide a Private Right of Action Against State Actors? On First Impression, 7th Cir. Says No

This week's discussion looks to a case of first impression in the Seventh Circuit: Campbell v. Forest Pres. Dist. of Cook Cnty., Ill. The issue was whether the Civil Rights Act of 1991 amended 42 U.S.C. § 1981 to permit a…more
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7th Circuit: Personal Jurisdiction & the Role of State Long-Arm Statutes

This week the HLB returns with a bang, or a foomp as the case may be. We delve into the issue of personal jurisdiction and the role of a state long-arm statute in the wake of the Supreme Court's decision in Walden v. Fiore back…more
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7th Circuit (Posner) Examines CAFA Amount in Controversy in Light of Knowles & Rooker-Feldman Doctrine

This week we look at the Seventh Circuit (Posner) decision in Johnson v. Pushpin Holdings, LLC that examined whether a named plaintiff in a class action could stipulate to limit damages recovery to below the $5 million threshold…more
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7th Circuit: Impact of Defendant’s Exposure on Rule 23(f) Class Cert Appeal & Novel Issues of the TCPA

This week's discussion focuses on a decision out of the Seventh Circuit by noted jurist Hon. Richard Posner that examines the impact of the magnitude of a defendant's liability on the determination of whether to exercise Rule…more
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Seventh Circuit (Posner) Weighs in on Contractual Indemnification After Settlement of Underlying Injury Suit

This is the fourth installment of the day commemorating the 100th post authored for the Hoosier Litigation Blog by Colin E. Flora. This post examines the Seventh Circuit decision in Krien v. Harsco Corp., in which Judge Posner…more
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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
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  • Indiana
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2-10 Attorneys

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