Tag Archives: Indiana

Northern District of Indiana Approves Keyword Culling Prior to Predictive Coding; Can Skynet, LLP Be Far Behind?

Recently, Judge Miller in the Northern District of Indiana approved the use of predictive coding in a large, multidistrict litigation concerning certain hip implants manufactured by Biomet. As the order notes, Biomet started with a universe of about 19.5 million … Continue reading

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The Indiana Senate Attempts to Abolish the American Rule

The general policy under American civil law is that all litigants must bear their own attorneys’ fees (including the prevailing party). American lawyers creatively coined this as the “American Rule.” The American Rule is subject to certain bad-faith, statutory, and … Continue reading

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Indiana Court of Appeals Thwarts Non-Party Discovery in Out-of-State Arbitration

Getting discovery from non-parties can be a tricky proposition, particularly when the discovery is being sought as part of an out-of-state arbitration.  Equally tricky is resisting discovery if you’re that non-party.  The Indiana Court of Appeals recently provided some protection … Continue reading

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Indiana Court of Appeals Clarifies Identical Evidence Test in Res Judicata Case

The Indiana Court of Appeals has recently clarified the analysis used in the third factor of res judicata, namely whether a matter was or could have been determined in a prior action.  In Hilliard v. Jacobs, one business partner (Hilliard) sued … Continue reading

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Specificity in Arbitration Provisions Is a Good Thing…Except When It Isn’t

Vagueness, ambiguity, and silence in arbitration provisions are generally to be avoided so that you don’t have to try a case that should be arbitrated. As the Indiana Court of Appeals recently held, though, being too specific in an arbitration … Continue reading

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