Pavlack Law, LLC

In this week's post, we take a look at the recent Seventh Circuit case Judson Atkinson Candies, Inc. v. Kenray Associates, Inc. that held that parol evidence could be used to prove fraud in the inducement of a contract – a…more

In this installment we look at the recent Indiana Supreme Court decision in City of Indianapolis v. Buschman, which found that a tort claim notice was not defective so as to bar a claim for personal injuries despite specifically…more

This installment of the Hoosier Litigation Blog provides a discussion of the Supreme Court's recent use of Comcast Corp. v. Behrend to vacate class certification in a number of cases including the Seventh Circuit's decision in…more

This week we discuss the 7th Circuit decision SAMS Hotel Group, LLC v. Environs, Inc. which found that, at least between two sophisticated parties, a liability cap in a contract dispute is enforceable even without specifying its…more

This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision signals…more

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family…more

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of…more

In this installment we discuss the prospect of the impact upon personal injury law based upon the results of a new study finding that physical pain and emotional pain can be distinguished by brain scan…more

This week we discuss the doctrine of respondeat superior and its application to extend liability to an employer for the actions of its employee that fall “within the scope of employment.”…more

This week we discuss the recent 7th Circuit decision in Lees v. Carthage College that found an expert's testimony based in large part upon aspirational industry guidelines that are not the “community standards.”…more

This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history…more

This week we reopen our Damages series with a thirteenth installment to discuss the availability of sentimental value damages for the loss of items of personal property. We examine both the general rule that such damages are not…more

This week we examine the doctrine of successor liability through the 7th Circuits decision to expand application of the federal standard to Fair Labor Standards Act (FLSA) cases through the Teed v. Thomas & Betts Power…more

In this installment of the Hoosier Litigation Blog by Pavlack Law, LLC, we discuss the Class Action Fairness Act's amount in controversy requirement in light of the United States Supreme Court decision in Standard Fire Ins. Co…more

This week we examine the Indiana Supreme Court decision Walczak v. Labor Works-Fort Wayne LLC, which held that day laborers could bring claims under the Indiana Wage Payment Act unless they do not have a realistic expectation of…more