In any litigation, the parties are almost certain to engage in the process of “discovery.” Discovery is the stage of a lawsuit-after all parties’ claims have been filed against the other parties, and all parties have answered-in which the parties engage in the exchange of information to develop their respective cases for trial (or settlement prior to trial). There are…Read More
THE EVER-BRODENING CLASS OF PLAINTIFFS On November 14, 2014, the Indiana Court of Appeals released its opinion in Clifton v. McCammack, No. 49A02-1404-CT-276. In doing so, it interpreted existing Indiana precedent to allow emotional distress damages to a broader class of persons. In this case, Ray Clifton had been living with his 51-year-old son, Darryl Clifton, who had been caring for…Read More
DOG-OWNER LIABILITY IN INDIANA According to the Humane Society of the United States, pet ownership has tripled in our country since the 1970’s, and as of 2012, 62% of all American households now own pets. Of those, 47% own at least one dog. (Pets By the Numbers, Humane Society of the United States, January 20, 2014). So, with essentially half the…Read More
– INDIANA COURT OF APPEALS RULES THAT NEW EVIDENCE MUST BE PRESENTED TO JUSTIFY RE-ISSUANCE OF PROTECTIVE ORDER AFTER IT EXPIRED In Indiana, under the Civil Protective Order Act under I.C. § 34-26-5, a local trial court can issue a domestic order of protection (often referred to as a “protective order”) under procedures and for reasons specific to domestic relations cases. It…Read More
In today’s world, it is increasingly common for kids to be raised other than biological parents. Sometimes this is done informally. This is most common when parents get sick, become incarcerated, cope with addiction issues, or simply are having a difficult time serving as parents. They may reach out to their own parents, other relatives, or trusted friends to take their…Read More
These days we are seeing an increase in the need for guardianships. There are several factors that possibly contribute to this. One factor is that through medical advancements people generally are living longer. In many cases, extended life does not equate to extended quality of life, or extended capabilities. It is only an extended life. Many who are living longer…Read More
Many clients will schedule an appointment, stating that they want to talk about setting up a will or a trust to plan for the future. They often cite the desire to make sure their “things are in order” or to make sure that “there are no problems” when they are gone. Making known your wishes and minimizing complications are appropriate…Read More
