News & Analysis as of

IN Supreme Court

Faegre Drinker Biddle & Reath LLP

Indiana Amends Child Support Guidelines

On October 17, 2023, the Indiana Supreme Court entered an order amending the Indiana Child Support Rules and Guidelines (“Guidelines”), effective January 1, 2024. Notable amendments to the Guidelines include...more

Amundsen Davis LLC

Nearby Road Closures Remain Non-Compensable in Indiana Eminent Domain Proceedings

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On October 10, 2023, the Indiana Supreme Court denied a landowner’s petition to transfer filed in the matter of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023), and as a result,...more

Jackson Lewis P.C.

Indiana Bans Physician Non-Competes for Primary Care Physicians, Adds Restrictions for Others

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Just three years after passing a statute significantly restricting the enforceability of physician non-compete agreements, Indiana’s legislature has passed an amendment, Senate Enrolled Act No. 7. Senate Enrolled Act No. 7...more

Esquire Deposition Solutions, LLC

Indiana High Court Is Latest to Examine “Good Cause” for Remote Proceedings

Increasingly, the phrase “good cause” is being used by courts to decide whether a deposition or other judicial proceeding should be conducted remotely or in person. Depending on the jurisdiction and the precise nature of the...more

Foley & Lardner LLP

How New Public Nuisance Claims Are Targeting Gun Cos.

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What do creative lawyering, Indiana politics and a brazen New York Legislature have in common? A long and storied history involving public nuisance claims against the gun industry. Originally published in Law360 -...more

Rivkin Radler LLP

Insurance Update - July 2022

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Our July Insurance Update is here. This is what we discuss. “Hoosier” daddy? When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court...more

Farrell Fritz, P.C.

Recent Stock Valuation Decisions Reign “Supreme”

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The fair value and fair market value appraisal standards applicable in contested buyout and dissenting shareholder valuations cut across state lines, which is one of the main reasons I occasionally highlight significant court...more

Rivkin Radler LLP

Malpractice Statute of Limitations Doesn’t Apply to Indemnity Claim by Hospital

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This is outside our usual catchment area, but interesting nonetheless. The Indiana Supreme Court ruled on March 8 that the state’s Medical Malpractice Act (MMA) does not apply to claims for indemnification filed by one...more

White and Williams LLP

Pump the Brakes: Indiana Rules MCS-90 Endorsement Does Not Apply to Intrastate Trips

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In Progressive Southeastern Ins. Co. v. B&T Bulk, LLC, No. 21S-CT-496, 2022 Ind. LEXIS 131, the Supreme Court of Indiana (Supreme Court) reversed a decision of the Court of Appeals of Indiana (Court of Appeals), ruling that...more

Amundsen Davis LLC

Courts Expand the Indiana Medical Malpractice Act: A “Patient” is No Longer Limited to Recipients of Care

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Within two months, Indiana courts expanded the Indiana Medical Malpractice Act beyond its previous interpretations, raising new risk management concerns for health care providers. In the pivotal 1999 decision in Sword v. NKC...more

Cozen O'Connor

Indiana Supreme Court Refuses to Hold Commercial Crime Policy Covers Ransomware Attack

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Typically, comprehensive cyber insurance policies, rather than commercial crime policies, respond to claims of data breach and other cybercrimes. With the rise in hacking and ransomware attacks worldwide, businesses that may...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - April 2021

In this month's edition of our Privacy & Cybersecurity Update, we examine the Second Circuit's ruling allowing standing for increased risk of identity theft following a data breach, the European Commission's recently released...more

Rivkin Radler LLP

Insurance Update - April 2021

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In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments. Federal courts determine whether a debt collector is...more

Wiley Rein LLP

Indiana Supreme Court Revives Insured’s Case for Ransomware-Related Coverage Under Commercial Crime Policy

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The Indiana Supreme Court, applying Indiana law, has held that an insured may be entitled to coverage for a ransom payment under a commercial crime policy if the circumstances of the attack “fraudulently caused” the insured...more

Faegre Drinker Biddle & Reath LLP

Indiana Supreme Court Rejects Distinction Between Divorce Business Valuations and Compulsory Buyback Valuations

On January 28, 2021, the Indiana Supreme Court decided Hartman v. BigInch Fabricators & Construction Holding Co., rejecting the short-lived distinction between divorce case business valuation discounts from discounts in other...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Supreme Court Clarifies When Liquidated Damages Become ‘Unenforceable Penalties’

On December 18, 2019, in American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., et al., the Indiana Supreme Court provided clarity about when liquidated damages become...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Supreme Court Favors Employee Over Interpretation of “Public Policy” Exception to At-Will Employment.

In Perkins v. Memorial Hospital of South Bend (Case No. 20S-CT-233), a split Indiana Supreme Court ruled in favor of an employee who was discharged after testifying against Memorial Hospital of South Bend at a coworker’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Supreme Court Reaffirms That the Blue Pencil Doctrine Is an ‘Eraser’ for Overbroad Restrictive Covenant Language

On December 3, 2019, in Heraeus Medical, LLC v. Zimmer, Inc., the Indiana Supreme Court reaffirmed the “blue pencil doctrine,” likening the doctrine to an eraser and stating that Indiana courts may only delete language from...more

Hinshaw & Culbertson LLP

The Blue Pencil Doctrine is Always an Eraser

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Under Indiana law, courts have routinely employed the "blue pencil doctrine" to revise noncompetition agreements that they have deemed to be unreasonable. Specifically, a court will delete the problematic terms and enforce...more

Faegre Drinker Biddle & Reath LLP

New Indiana Supreme Court Opinion Grants Corporate Defendants Strategic Flexibility Regarding Venue

On June 27, 2019, the Indiana Supreme Court held in Morrison v. Vasquez that the county where an in-state corporation’s actual “principal office” is located, not the location of its registered agent, determines the preferred...more

Littler

No Subpoena, No Protection?: Indiana Court of Appeals Approves Dismissal of Employee Who Left Work to Voluntarily Testify at...

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It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason. The Indiana Supreme Court, however, recognizes a limited number...more

Jackson Lewis P.C.

Indiana Supreme Court Rules Driver Not Employee Of Business Connecting Drivers With Customers

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A driver who delivers recreational vehicles or trucks under a company’s authority is an independent contractor, not an employee, for purposes of the Indiana Unemployment Compensation Act, the Indiana Supreme Court has ruled....more

McDermott Will & Emery

No Penalty: Fantasy Football Does Not Violate Players’ Right of Publicity

The US Court of Appeals for the Seventh Circuit affirmed a district court’s dismissal of a right of publicity complaint, finding that the fantasy sports operators’ use of player information fell within the “newsworthy value”...more

Manatt, Phelps & Phillips, LLP

College Athletes Fumble Publicity Rights Suit

In answering a certified question from the U.S. Court of Appeals, Seventh Circuit, the Indiana Supreme Court ruled that fantasy sports websites do not violate Indiana’s publicity rights law by using the names and images of...more

Kelley Drye & Warren LLP

Indiana Supreme Court Finds Fantasy Sports Statistics Newsworthy In Right of Publicity Claim

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Plaintiff-Appellants Akeem Daniels, Cameron Stingily, and Nicholas Stoner were collegiate student–athletes between 2014¬2016. Their on-field performances were collected as numerical statistics and published by various...more

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