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A Fraud Is a Trick; G&G Oil Co. of Indiana, Inc. v. Continental Western Insurance Co.
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on 19 May 2021
Are There Limits to the Economic Loss Doctrine?; The Residences of Ivy Quad Unit Owners Association, Inc. v. Ivy Quad Development, LLC
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on 16 May 2021
Court Sets Bright-Line Rule on Continuity of Ownership; New Nello Operating Co., LLC v. CompressAir
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on 13 May 2021
The Duty to Update Incorrect Deposition Testimony; University of Notre Dame v. Bahney
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on 11 April 2021
Who Owns the Joint Account?; Solomon v. Lindsey
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on 09 April 2021

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Posted in Blog
Indemnification agreements can be a great way to get a deal done. But parties who enter into those agreements need to pay attention to exactly what is being indemnified.

Indianapolis and Davey Tree entered into a contract for inspecting and maintaining right-of-ways from hazardous trees. The contract also contained the following indemnification clause:
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Posted in Blog
Ransomware and other cyberattacks are a consistent threat to businesses. Some buy cyberattack insurance in order to share that risk. But others do not. The question posed by this case is whether those others may be covered by other kinds of insurance. Continental issued a CGL to G&G that included commercial crime coverage. That coverage specifically stated that it would cover

loss of or damages to “money”, “securities” and “other property” resulting directly from the use of any computer to fraudulently cause a transfer of that property from inside the “premises” or “banking premises”: a. To a person (other than a “messenger”) outside those “premises”; or b. To a place outside those “premises”.
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Posted in Blog
This case teaches that the contemporaneous document doctrine may have implications that extend far beyond providing guidance for contract interpretation.

In 2009 Christine Burd Tanner assumed all assets associated with the Burd Ford dealership on Pendleton Pike after her husband died. Wanting to sell these assets, Christine signed two letter agreements in 2011 with HLH Consulting: (1) an Asset Retention Agreement for sale of the dealership assets; and (2) a Real Estate Retention Agreement for sale or lease of the real estate used in the dealership’s business.
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Posted in Blog
When Melvin Hall left his employment at the Central Indiana Protection Agency, Inc. (“CIPA”) and started a competing company, the owners of CIPA (Shaw and Narducci) were not happy and allegedly engaged in a coordinated campaign to defame Hall and drive him out of business. Hall subsequently sued Shaw, Narducci and CIPA for defamation, abuse of process, malicious prosecution and intentional infliction of emotional distress.

After Hall filed his lawsuit, Narducci left a voicemail for Hall in which he allegedly said:
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Posted in Blog
Venue issues are a common theme at these presentations. But this one has an interesting twist—a statute that says where the claim can proceed. But what happens if this is a third-party claim and the case is venued elsewhere?

The Nashes hired Clover Homes to build a home for them in Hendricks County. Clover Homes opened an account with Timberland for the building materials. Freeman guaranteed this account for Clover Homes. Freeman and Clover Homes both reside of Putnam County. Timberland is located in Clay County. A subcontractor on the project was V-Line, which is based in Marion County.
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Posted in Blog
This case points out an issue for courts, more than litigants. But it is important for us to know it, so that we can make sure that courts address issues properly.

36 women brought a mass product-liability action related to a medical device against Bayer. Bayer moved for judgment on the pleadings on all of the plaintiffs’ various claims, arguing that the claims were preempted. The trial court denied that motion, and Bayer appealed.
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Posted in Blog
The 487 Broadway Company agreed to buy a building from Calumet Township but before closing, the Township removed some lighted signs, pictures and artifacts causing damage to the building. 487 Broadway sued for negligence and breach of contract.

The Township moved to dismiss, and supported the motion with several unauthenticated exhibits. The trial court responded by informing the parties it would treat the motion as one for summary judgment and gave 487 Broadway 20 days to reply.
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Posted in Blog
We do not normally address criminal cases (unless they deal with the Rules of Evidence), but sometimes there are exceptions. And the intersection between smartphones and self-incrimination is one of those exceptions.

Seo called the local sheriff’s department, claiming that D.S. had raped her. When Seo met with a detective, she told him that her iPhone contained relevant communications with the accused. With Seo’s consent, the officers completed a forensic download of the device and returned it.
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Posted in Blog
If a judge thinks a juror is just giving excuses to get off of a jury, is that a reason not to strike the juror for cause? At least in this case, it was not.

Plyes died following complications from a bariatric surgery. Her estate (Clark) brought a claim against Dr. Mattar. The medical review panel unanimously found that Dr. Mattar failed to comply with the appropriate standard of care and that this conduct was a factor of the resultant damages.
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Posted in Blog
Courts don’t want to put impediments in the way of witness testimony. But Indiana’s courts also do not want to interfere with the at-will employment doctrine. This case is about the places where these priorities conflict.

Perkins was employed by Memorial Hospital as a police officer in the hospital police department. He was an at-will employee.
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Posted in Blog
We represent different clients for lots of reasons, and we would like to be paid for those efforts in most cases. Sometimes, that payment can come from the opposing party. But be warned—you have an independent right to seek those fees from the opposing party.

Mother and Father had two children, and Father sought to have his paternity established. Father was established as the father of the children, but he and Mother disputed issues like custody and parenting time. Mother was eventually awarded sole legal and primary physical custody of the children, Father was awarded parenting time, and Father was ordered to pay the attorney’s fees of Mother’s counsel.
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Posted in Blog
Four years ago, the Indiana Supreme Court changed the way that Indiana’s courts addressed the issue of foreseeability when determining whether a landowner owed a duty to an invitee. Indiana’s appellate courts have grappled with this new standard ever since. But it appears that the Supreme Court did not like the path that the Court of Appeals was on and felt the need to issue a correction.

Porterfield and a friend were enjoying a night on the town, which ended at Cavanaugh’s. The two men did not have any disputes with anyone in the bar. At closing time, the bar’s clientele left for the parking lot. A fight ensued, resulting in severe injuries for Porterfield.
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Posted in Blog
A plaintiff can avoid Indiana’s Tort Claims Act if he can prove that a governmental employee’s act or omission was “clearly outside the scope of the employee’s employment.” But what is clear to one person may be muddy to the next. In this case, the Court helped teach us what this exception means.

In 2015, Benner was an Indiana State Trooper who drove an unmarked car (known as a “commission”) as part of his employment. Troopers that operate commissions are subject to a Standard Operating Procedure that established guidelines for the operation of the vehicle when the officer is on- or off-duty and during both emergency and nonemergency driving situations. Under those guidelines, Benner was required to maintain radio contact at all times, obey traffic laws, and respond to emergencies. He could also use the commission for de minimis personal use.
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Posted in Blog
Sometimes business owners reach for creative solutions in order to keep their businesses afloat. And those solutions can include an attempt to avoid debts. But Indiana’s courts have built a body of law to deal with these situations, and having a new business take over for the old will not work if it qualifies as a de facto merger.

Dan Ianello founded a business the Court calls “Old Nello” in 2002. Old Nello was in the business of manufacturing utility and cellular telephone towers, and was managed and owned by Ianello, Lambert, Rumpler, and Brisson.
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Posted in Defamation
The Definition of Defamation: Libel vs. Slander

“Defamation” is a term which covers the ways a false statement made about someone can damage their reputation. These cases can also be referred to as “defamation of character” or “disparagement.” Defamation occurs through statements made either orally or in print in a newspaper, magazine, online, or other printed sources. By legal definition, these false statements or communications cause emotional or financial harm to the individual discussed.
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Posted in Personal Injury
Personal Injury is an umbrella term that encompasses any physical injuries as well emotional or psychological damage that occurred as the result of an accident or incident. Personal Injury lawsuits are common as the injured have rights and the incentive to protect them.

The implications for the injured party vary drastically depending on the severity of the accident. For some, a small settlement suffices which in most cases will include medical expenses, any property damage incurred (ie: auto collisions), pain and suffering, punitive damages and lost wages.
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Posted in Personal Injury
If you or someone you love has suffered a serious personal injury, there are several steps you will need to take on the road to recovery. You must be proactive and quick to act following the accident in order to maximize your chances of securing fair and adequate compensation. To get started, contact Riley Williams & Piatt, LLC so we can walk you through the steps of putting your life back together again. Call our office today for a free consultation: (317) 593-2467.

After an Accident: Do’s and Don’ts
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Posted in Blog
Of interest to class action lawyers is the case of Campbell-Ewald Company v. Gomez currently pending before the United States Supreme Court.

The issues presented are: whether a case becomes moot when the plaintiff receives an offer of complete relief on his or her claim; whether the answer to the first question is different if the case is a putative class action; and, whether the doctrine of derivative sovereign immunity for government contractors is restricted to property damage arising out of a public works project.
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Posted in Defamation
One of things that make the United States great is the freedom of speech guaranteed by the First Amendment. We have a right to review, post, comment, web site, Facebook post or comment, Twitter tweet or other on-line statement. If you are being wrongfully accused of internet defamation, you need a lawyer who specializes in internet defamation legal matters to understand what it will take and what it will cost to defend your case.

In many ways, courts treat defamation on the internet similar to off-line defamation. Because internet defamation is by definition written rather than oral, it is technically internet libel. Libel is Defamation which is written such as on a web site. Most on-line defamation occurs through libel by posting on Yelp, Twitter, Google Plus, and Facebook, website comment, bulletin board post, business review, rating or blog post.
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Posted in Personal Injury
Most of the time, personal injury accidents could have been prevented with precaution. Personal injuries include a wide range of accidents including prescription drugs accidents and automobile accidents.

Whenever someone is hurt due to someone else's negligence or wrongful action, the person will be eligible for compensation. Most personal injuries include physical, emotional, and financial hardships. If you or a family member has been the victim of a personal injury, then our Indianapolis personal injury lawyers and wrongful death attorneys will help you get the compensation you deserve.
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