Last July, we told you about a Court of Appeals decision dealing with whether a CGL policy covered a cyberware attack. That court held that there was no coverage. But the Indiana Supreme Court granted transfer and decided that there are issues of fact that must first be resolved. G&G Oil bought a CGL policy from Continental. Among other things, that policy covered “commercial crime,” which was defined as a loss “resulting directly from the use of any computer to fraudulently cause a transfer of that property.” A ransomware attack locked G&G Oil out of its computer system in November 20 ..read more

The economic loss doctrine prevents a party who suffers only economic damages from recovering those damages in tort. But this case shows that the Court of Appeals may be open to limiting its application in appropriate cases. Ivy Quad is a condominium complex in South Bend. Its developer was Ivy Quad Development, LLC, a now insolvent company that was owned by David Matthews. The general contractor, Matthews, LLC, and designer, DMTM, Inc., are also owned and managed by David. His wife, Velvet, was also involved in the design, construction, development, and sale of Ivy Quad units. The Court refer ..read more

Last May, we told you about a decision from the Court of Appeals dealing with liability after an asset-only purchase. The Court of Appeals found that there was a de facto merger when the assets were bought, so the new company was liable for the debts of the old. The Indiana Supreme Court was sufficiently intrigued by this subject to grant transfer. Nello was founded in 2002 to manufacture utility and cellphone towers. Four senior officers of the company owned 95% of the shares; the remaining shares were held by three different people. The company moved its operations to South Bend in 2016, but ..read more

April 2021’s Law Club was held virtually in order to practice safe social distancing during the COVID-19 pandemic. However, the session was recorded and is available to view here! You can also download a copy of the handout here. Learn more about previous Law Club topics and discussions by visiting our blog! The post April 28, 2021 Indianapolis Law Club appeared first on Price Law ..read more

This case centers on the extent to which a party must update the incorrect testimony of one of its witnesses and the proper remedy if it does not do so. Bahney attended a basketball game at Notre Dame in 2014. While walking behind one of the baskets, Bahney tripped over a riser and broke her shoulder. Bahney sued, claiming that the floor was not safe and a failure to warn. Notre Dame’s attorney took a picture of the riser after the lawsuit was filed, which showed a table and chairs on the riser. One of Bahney’s friends testified that the picture looked accurate but for the table and chairs, wh ..read more

Sometimes parents do things for their children that are well-meaning, but not REALLY meant. This case shows the consequences of one of these kinds of decisions. Martin invested $50,000 in a money market account in 1998, and he named he and his daughter, Lindsey, as joint owners, which was defined as joint tenants with right of survivorship. Lindsey did not contribute any funds to the account. Martin’s health began to decline. In 2018, Solomon, Martin’s wife, called the investment company with Martin to request that all funds in the joint account be withdrawn and the account closed. A check was ..read more

In this case, the plaintiff’s attorney encountered a nightmare for any proponent of an expert witness—the witness started saying unnecessary things that could call his qualifications as an expert into question. The situation was so bad that the trial court entered a directed verdict for the defense. But was that correct? Scholl filed a lawsuit accusing Majd of medical malpractice related to a lumbar fusion surgery and a subsequent revision procedure he performed on her. After Scholl and Majd both testified at trial, Scholl call her third witness, Sexton, to testify as an expert witness. While ..read more

This is a commercial case that arises from an unfortunate situation—a malfunctioning sewer lift station that flooded a retail shop in Castleton. The issues on appeal deal with expert opinions and the proper amount of damages, which can inform just about any case. Conroad owned a building in Castleton that it leased to Pier 1. Pier 1’s lease was set to expire in 2016, but Pier 1 had the option to extend the lease for two 5-year terms. A sewer lift station maintained by the Association failed in 2015, flooding the store with sewage. Pier 1 terminated its lease as a result. Conroad was eventually ..read more

Lawyers have long sought to take the Latin out of the legal lexicon. But there are still a few holdouts, such as the doctrine of res ipsa loquitur. This case addresses the burden a defendant must meet in order to get summary judgment when that doctrine is at issue. The Griffins were shopping at Menard one day for a new bathroom vanity sink. Once they found one they liked, Walter reached up to pull the box off the shelf. Walter did not notice that the staples on the bottom of the box were loose, and the bottom of the box opened when he pulled it off the shelf. The sink fell on Walter and injure ..read more

Indiana has enacted statutes that deal with premises liability for nonprofit religious organizations. But the statute does not define what the “premises” of such an organization is. Instead, that was the task of the Court in this case. Henderson drove to New Wineskin Church one morning for services. There were about 2 inches of snow on the ground that snowy morning, and Henderson knew that parking lots and roads could be slippery. When she arrived at church, Henderson parked in the parking lot and got out of her car. After two steps, she slipped and fell, injuring her shoulder, back, and neck ..read more