December, 2017


DSV: Litigation Case Summary
2017 Year In review: 
10 indiana cases of note 
(Plus two updates from 2016 cases)

As we wind down 2017 and venture into 2018, it is time to reflect on some of the significant legal developments that occurred in Indiana in 2017.  Some or all of these decisions from Indiana state and federal courts may even have a direct effect on risk management strategies for your business in the new year.  The DSV Litigation Group has prepared an overview of significant decisions from 10 Indiana court cases, involving some of these significant legal developments.  In addition, we have included updates on two additional cases that we featured in last year's "Top 10" summary.  Those two cases were significant decisions from the Indiana Court of Appeals in 2016, and they were reviewed and revisited by the Indiana Supreme Court in 2017. 
 
You can download a full copy of the 2017 Year in Review: 10 Indiana Cases of Note [HERE].
 
Included in the 2017 Year in Review are court decisions of note in the following areas:
 
  1. Employment Law, ADA, and Extended Leave as a  Reasonable Accommodation
  2. Construction Jobsite Injuries and Construction Manager Liability
  3. Environmental Cost Recovery for Demolition and Vapor Intrusion Mitigation Under CERCLA
  4. Employer's Liability for Employee's Negligence - Respondeat Superior and Negligent Hiring Claims
  5. INDOT Liability to Local Government
  6. Builders Risk Insurance and Soft Cost Coverage
  7. Construction Jobsite Accident and General Contractor's Right to Indemnity and Additional Insured Protection from Sub-Subcontractor
  8. Contract Law - When is an Agreement Really Just an Agreement to Agree?
  9. Sexual Orientation Discrimination is Prohibited by Title VII in the Seventh Circuit (For Now)
  10. Surety's Liability on Payment Bond for Design Professional's Claim
 
UPDATES from 2016:
  1. Construction Jobsite Injury and Design/Builder's Liability to Subcontractor's Employee
  2. Personal Injury, Loss of Income, and Immigration Status      
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This publication is published by Drewry Simmons Vornehm, LLP (DSV). This publication is intended for general information purposes only, and neither the information nor opinions expressed herein are intended, and should not be construed as furnishing of legal advice to any individual or group. Under no circumstances should the contents of this publication be used or relied upon as a substitute for engaged legal counsel. No portion of this newsletter may be reproduced without the express written consent of DSV.