Shane Willingham alleged in his breach of contract complaint, “In the early morning of July 25, 2020, an Anderson Center employee located Plaintiff in the room of a female resident. On… Read More

Linda Gierek and over a thousand other patients who underwent surgical procedures at a hospital operated by Anonymous 1, Anonymous 2, and Anonymous 3 (the Hospital) were informed by the Hosp… Read More

The Indiana Medical Malpractice Act’s statute of limitations, codified at Indiana Code Section 34-18-7-1, provides for a two-year statute of limitations period for claims “brough… Read More

To prevail on a legal malpractice claim, the plaintiff has the burden of establishing the elements of the underlying medical malpractice claim. A claim of medical malpractice requires proof… Read More

Inappropriate Sexual Contact During Medical Examination Is Not Medical Malpractice: The Indiana Medical Malpractice Act defines “malpractice” as “a tort or breach of contra… Read More

Claims Against Athletic Trainer Fall Under Indiana Medical Malpractice Act: In its Opinion dated June 4, 2023, the Court of Appeals of Indiana held: “the trial court erred by denying A… Read More

A lawsuit filed by patients who claimed that a nurse who was provided access to patient medical records by a hospital as part of her job accessed their medical records without their consent… Read More

MONTGOMERY: A federal appeals court docket dominated Monday that Alabama can implement a ban outlawing the usage of puberty blockers and hormones to deal with transgender kids, the second su… Read More

 ...just not here.  The latest includes 7th and 10th Circuits.The 10th Circuit nominee caught my eye as a former defender.  We need more!Rich Federico joined the Federal… Read More

Physical Therapist Cannot Opine As To The Negligence Of A Chiropractor: In an Indiana medical malpractice case against a chiropractor who allegedly injured a patient, the Court of Appeals of… Read More

Expert’s Deficient Affidavit Doomed Malpractice Case: On August 3, 2017, Penny Korakis was in an automobile accident and was taken to the Hospital for emergency care. Among other thing… Read More

Court Rules Claim For Sexual Assault By Hospital Nurse Is Not Covered By Malpractice Act: After a hospital patient who was sexually assaulted by her nurse settled her claims against the hosp… Read More

Does working for a government agency give a forensic psychologist license to do or say pretty much anything without legal consequence, even if it violates a subject’s Constitutional ri… Read More

A proposed rule change in the Michigan Supreme Court regarding the use of preferred pronouns for lawyers and litigants has ignited a contentious divide among judges. The proposal, scheduled… Read More

Court Holds Collateral Estoppel Did Not Apply: On several occasions in December 2016 and early January 2017, the defendant mental health providers (“Providers”) rendered care and… Read More

A high school music teacher forced to resign by an Indiana school district for refusing to use the chosen names and pronouns of trans-identified students is asking an appeals court to… Read More

On Wednesday, the U.S. Senate confirmed one of President Joe Biden’s judicial nominees, U.S. Magistrate Judge Matthew Brookman, to a U.S. district court judgeship in the Southern Distr… Read More

Damon Daniels v. Jeffrey Drake, et al. Indiana Court of Appeals September 9, 2022 (No. 22A-CT-00068) “Indiana law has specifically addressed the question of liability for injury caused… Read More

In its opinion dated December 15, 2021, the Court of Appeals of Indiana (“Indiana Appellate Court”) revived an Indiana medical malpractice complaint that the trial court had dism… Read More

The Court of Appeals of Indiana (“Indiana Appellate Court”) stated in its July 8, 2021 opinion, “we are asked to determine whether a medical malpractice plaintiff’s p… Read More

There is a much better historical reference point for us to consider, as David Gans argues in a forthcoming paper in the Lewis and Clark Law Review, "Court Reform and the Promise of Justice:… Read More

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on December 18, 2020 that the medical malpractice plaintiff “presented sufficient evid… Read More

Lawsuit asks whether livestreaming cops is protected by the First Amendment. It's well-established that Americans have a First Amendment right to record police. But do we have the… Read More

Goodwill is one of the most confusing aspects of valuing a business interest for divorce cases. In many states, goodwill needs to be valued and then divided into two pieces: business and per… Read More

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