Litigation
Small Claims in Indiana: Access to Justice
Small claims courts in Indiana provide individuals with the opportunity to resolve specific eligible disputes with simplicity and convenience. Pursuant to Indiana Code § 33-28-3-4, the following types of cases are eligible for the small claims docket: There is an important caveat to utilizing the convenience of the small claims docket – any amount sought…
Read MorePro Se Litigants: A Word of Caution
An individual who chooses to represent themselves in a criminal and civil litigation matter is referred to as a pro se litigant. An individual initiating the case is a pro se plaintiff. Indiana Courts have long held pro se litigants to the same standards as trained attorneys and require them to follow procedural rules just…
Read MoreI won my lawsuit. Now what?
One consideration everyone should contemplate before initiating a lawsuit, is the realistic outcome of collecting any judgment obtained in court or settlement. Individuals who have had little experience with the civil justice system are often shocked to find out that even if they succeed in trial and obtain a monetary award for their damages, they…
Read MoreThe Litigation Psychology Podcast
Featuring Georgianne Walker and Dr. Bill Kanasky
Read MoreCOVID-19 Liability Waivers
Universities around the country are requiring students, faculty, and staff to sign COVID-19 liability waivers for the 2020-2021 school year. Several universities have also implemented remote options for schooling so attendees can opt-out of in-person classes this upcoming fall semester. So, will schools actually be liable for the spread of COVID-19 when school starts? By…
Read MoreWhere Worker’s Compensation Intersects with OHSA Guidance on COVID-19
The OSHA May 19, 2020 memo entitled Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19), and contained in the link, https://www.osha.gov/memos/2020-05-19/revised-enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19 , deals primarily with what constitutes a reportable COVID-19 finding to OSHA. The fact that an employee may have acquired COVID-19 at work (i.e., the COVID-19 is work-related) is just one…
Read More30(B)(6) Depositions: The Face Of The Corporation
Corporate representatives who have been told they will have to testify on behalf of their employer may, at first, be anxious about giving such testimony. They may also not realize the importance of their testimony, specifically that their testimony can bind the company. But, with the right attorney to prep them, the anxiety should melt…
Read MoreDoes a General Contractor Owe a Duty of Care to an Independent Contractor and/or its Employees?
Generally speaking, Indiana law provides that a general contractor does not owe an outright duty of care to an independent contractor, a subcontractor, or a subcontractor’s employees. The rationale behind this rule is that a general contractor has very little control over the way a subcontractor completes its work. However, there are five exceptions to…
Read MoreThe ABC’s for Secured Lenders Dealing With a Defaulting Borrower
South Bend / Mishawaka, IN – Each day lenders are faced with borrowers who default under the terms of the lending relationship. This article will address the various steps a secured lender should consider undertaking when its borrower is in default. Evaluate your Collateral. Evaluation of the collateral that is acting as security for the indebtedness is…
Read MoreFORBEARANCE AGREEEMENTS…When Litigation is not the Best Alternative
South Bend / Mishawaka, IN – The use of Forbearance Agreements in a loan workout situation has many benefits to both the Lender and the Borrower. What is a Forbearance Agreement: A Forbearance Agreement is a written agreement between the Lender and Borrower whereby the Lender agrees, for a specified period of time to forbear…
Read More