Originally published as “Infliction of Emotional Distress”, Indiana Civil Litigation Review, Volume VIII, 2011. Download as PDF: “Infliction of Emotional Distress”, Indiana Civil Litigation Review, Volume VIII, 2011 I. Elements of IED Claims The tort of intentional infliction of emotional distress (IIED) arises when a defendant (i) engages in “extreme and outrageous” conduct that (ii) intentionally or recklessly (iii) causes (iv) severe…
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Wrongful Death Actions in Indiana
Article_Wrongful Death Actions in Indiana (Click to download as a PDF) In Indiana, actions for wrongful death are governed by the General Wrongful Death Statute (GWDS), Adult Wrongful Death Statute (AWDS), and the Child Wrongful Death Statute (CWDS). The contours of...
Expert Depositions
Download as PDF: Bench Bar Article OCR 1. PREPARING A WITNESS TO RESPOND TO A 30(B)(6) NOTICE OF DEPOSITION: “I’ll know my song well before I start singing.” After receiving a 30(B)(6) notice of deposition, including the requisite specification of topics of such deposition, the entity that is to be deposed has a duty to: Select one or more deponents sufficiently knowledgeable…
Coverage Issues: Sheehan Construction
Download as PDF: Coverage Issues in Construction Cases_ICLEF Arcticle I. Application of Common Policy Provisions in Construction Cases The potentially relevant policy provisions of a typical Commercial General Liability (“CGL”) Policy in construction cases are: Section I – Coverages Coverage A. Bodily Injury and Property Damage Liability 1. Insuring Agreement We will pay those sums that the insured becomes…
Two Parties…One Oath
Download as PDF: Article_Two Parties…One Oath The Defense Trial Counsel of Indiana and The Indiana Trial Lawyers Association have joined to present a seminar on civility at the Robert H. McKinney School of Law on May 24, 2012 entitled “Two Parties…One Oath – A Conversation on Civility.” Justice Steven H. David of the Indiana Supreme Court and Judge Larry J. McKinney…
The Triggering of Indiana’s Medical Malpractice Statute of Limitations
This article was originally written for DTCI October 2010. Download the PDF – DTCI statute of limitation October 2010 The statute of limitations for Indiana medical malpractice claimants is found at Indiana Code § 34-18-7-1(b) which provides, in relevant part: a claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or…
DTCI: Intentional infliction of emotional distress
This publication originally appeared on TheIndianaLawyer.com The tort of intentional infliction of emotional distress (“IIED”) arises when a defendant (1) engages in “extreme and outrageous” conduct that (2) intentionally or recklessly (3) causes (4) sever emotional...
Indiana Franchise Law
Download as PDF: Indiana Franchise Law Essay 3 I. INTRODUCTION In 1975 the Indiana General Assembly enacted two statutes that impose a comprehensive regulatory scheme on commercial relationships based on franchise agreements. [1] A scant body of case law explaining and applying these statutes has slowly but steadily taken shape since their passage, but a comprehensive study of Indiana franchise law…
Federal Income Taxation and Transfers of Property within the Family
Download as PDF: Taxation 2005_20141113151152 As the old adage goes, “Nothing is certain but death and taxes.” While this may not be entirely accurate, there is certainly no denying that everyone is born and eventually dies, and federal income taxes are a large part of life between the two events. A large part of the federal income taxation process involves determining what is includable…
Ex Parte Interviews and Ethical Concerns
Download as PDF: Ex Parte Conducting Ex Parte Interviews Interviewing witnesses outside of the formal discovery process, free from the monitoring of adverse counsel, is a cherished right of trial lawyers. Such informal ex parte interviews remain the hallmark of...
