Monthly Archives: February 2012

Indiana COA Upholds Rights of Internet Commenters to Remain Anonymous

In a case of first impression, the Indiana Court of Appeals held earlier this week that the identity of anonymous internet posters is protected under the First Amendment and Article I, Section 9 of the Indiana Constitution and should not be subject to subpoena … Continue reading

Posted in Anonymous Speech, Defamation, First Amendment, Free Speech, Internet, Journalist's Shield | Tagged , , , , , , | Leave a comment

Fifth Circuit Finds Arbitration Clause in Employee Handbook Was “Illusory”

Though federal policy strongly favors arbitration, there are limits. (See our other arbitration posts here.) Last month, in Carey v. 24 Hour Fitness USA Inc., the Fifth Circuit held that an employer’s arbitration clause was invalid because it was illusory. The employee … Continue reading

Posted in Arbitration | Tagged , | 3 Comments

Indiana Appellate Civil Case Law Summary (November 2011)

Each issue of Res Gestae, the Journal of the Indiana State Bar Association, includes a summary of the recent civil case law decisions published by the Indiana Supreme Court and Indiana Court of Appeal.  For the latest issue written by … Continue reading

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Free speech over the Internet put to the test

As featured in The Indiana Lawyer this week in the commentary section. http://bit.ly/AuczZ8 There is nothing like free expression to test how much we truly value that freedom. Views expressed in a free and open exchange are sometimes ugly, mean-spirited … Continue reading

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Indiana Supreme Court Rules on Insurance Coverage

A divided Indiana Supreme Court looked to the Articles of Incorporation of the Indiana Youth Soccer (“IYSA”) to find that no insurance coverage was owed when one of its member teams, the Carmel Commotion, was involved in an automobile accident … Continue reading

Posted in Appeals Attorneys, Appellate Court Indiana, Appellate Judge, Coverage Disputes, Indiana Courts, Insurance, Insurance Appeals | Tagged , , | Leave a comment

Third Circuit Hands Khan Loss in Arbitration Case, Maroons Him in Legal Equivalent of Seti Alpha 6

It’s no secret that The Wrath of Khan is, without question, the best of the Star Trek movies.  It’s also no secret that, generally speaking, courts will bend over backwards to enforce arbitration provisions, and we’ve previously covered what can happen when … Continue reading

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