Pavlack Law, LLC

Seventh Circuit Permits Parol Evidence to Prove Fraud in the Inducement...

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

| Business Torts, Civil Remedies, Commercial Law & Contracts, Personal...

Is the Supreme Court Needlessly Using Comcast Corp. v. Behrend to Vacate...

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

| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Consumer...

7th Circuit: No Need for Specificity in Contract Dispute Liability Cap

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

| Business Torts, Civil Procedure, Civil Remedies, Commercial Law &...

Indiana Supreme Court Upholds Punitive Damages Statute

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

| Business Torts, Civil Remedies, Constitutional Law, Personal Injury,...

Discoverability of Documents in Insurance Bad Faith Claims

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

| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Personal...

Employer Liability: Respondeat Superior Doctrine

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

| Business Torts, Civil Remedies, Personal Injury

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

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

| Business Torts, Civil Remedies, Construction Law, Insurance, Personal...

Damages Pt. 13 – Sentimental Value in Personal Property

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

| Civil Remedies, Personal Injury, Wills, Trusts, & Estate Planning

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