The following cases have been litigated by the attorneys of Hoover Hull LLP. Contact us if you would like more information about a particular case.
Hubbard v. Columbia Women’s Hospital of Indianapolis, No. 49A04-0306-CV-310, 2004 WL 885718 (Ind. App., April 26, 2004). Appellate court affirmed the trial court’s dismissal of plaintiff’s complaint without prejudice. The trial court lacked subject matter jurisdiction to rule on the merits of a medical malpractice complaint filed before a medical review panel rendered an opinion; plaintiff’s failure to comply with the statutory mandate of anonymity in such a complaint rendered “limited purposes” subject matter jurisdiction improper.
Marion County Democratic Party v. Marion County Election Board, Case No. IP 01-1963 C-T/K, 2002 WL 1354717 (S.D. Ind., May 9, 2002). (Federal District Court dismissed the plaintiff’s First and Fourteenth Amendment claims, along with supplemental state law claims, for failure to state claims under the First and Fourteenth Amendments to the United States Constitution.)
Cram v. Howell, 680 N.E.2d 1096 (Ind. 1997). (The plaintiff was run over and killed by a driver who lost consciousness, allegedly as a result of a medical vaccination, and the plaintiff filed an action against the physician who administered the vaccination and released the patient/driver from the office. The Indiana Supreme Court reversed the Court of Appeals and the trial court and held that medical negligence claims could be brought against a physician by a third party. This case was the first instance where a medical malpractice claim was allowed against a physician by a third party.)
Hutchinson v. Spanierman, 190 F.3d 815 (7th Cir. 1999). (Members of the Hutchinson family brought claims against several defendants asserting indivisible interests in paintings by the American painter, Theodore Robinson. The 7th Circuit Court of Appeals affirmed the trial court’s summary judgment that the Hutchinson plaintiffs had no claims to the paintings, which had passed through several generations via intestate succession, commencing almost a century ago.)
Goldberg & Feldman Fine Arts, Inc. v. Autocephalous Greek-Orthodox Church of Cyprus, 917 F.2d 278 (7th Cir. 1990). (The case involved the successful return of four Byzantine mosaics to the Autocephalous Greek-Orthodox Church of Cyprus in a replevin action brought against an Indianapolis art dealer. The mosaics were removed from a church in Cyprus, purchased by an Indianapolis art dealer, and were unlawfully detained by the art dealer in Indianapolis. The case affirmed the trial court’s order that stated, inter alia, that a bona fide purchaser for value in Indiana cannot take good title from a thief.)
The Rubber Shop, Inc. v. Benicorp Insurance Co., 238 F.R.D. 618 (N.D. Ind. 2006)(the court granted a protective order limiting discovery on plaintiffs' ERISA benefit claims to the administrative record).
Buck v. Grube, No. 49A02-0411-CV-957, 833 N.E.2d 110 (Ind. Ct. App. Aug. 25, 2005) (affirming the trial court's holding that the Indiana partition statutes permitted the trial court to unilaterally determine that a parcel of property could not be physically partitioned without substantial harm to the owners of the property).
Ernst & Young LLP v. Baker O’Neal Holdings, Inc., 2001 WL 1397310 (S.D.Ind. 2001), Aff’d 304 F.3d 753 (7th Cir. 2002) petition for rehearing en banc denied (court denied Ernst & Young’s motion to compel arbitration)
Trimble v. Ameritech Pub., Inc., 700 N.E. 2d 1128 (Ind. 1998) (Supreme Court of Indiana upheld Ameritech Publishing’s limitation of liability provision in advertising contract)
Indiana Ins. Guar. Ass’n v. Davis, 768 N.E.2d 902 (Ind. App. 2002) petition for transfer denied (question of first impression on an issue of statutory construction under the Indiana Insurance Guaranty Association Act)
Rush v. McDonald’s Corp., 966 F.2d 1104, 59 Fair Empl. Prac. Cas. (BNA) 527, 59 Empl. Prac. Dec. P 41,624, 22 Fed.R. Serv.3d 1298 (7th Cir. 1992) (court affirmed summary judgment in favor of employer on employment discrimination and ERISA interference claims)
Williams v. Benicorp Ins. Co., 190 F.Supp.2d 1379 (M.D.Ga. 2002) (court affirmed removal of case to federal court on ERISA preemption grounds)
Elward v. Benicorp Ins. Co., 201 F.Supp.2d 939, 27 Employee Benefits Cas. 2629 (N.D.Ind. 2002) (court found that owner of company was a participant within the meaning of ERISA and therefore state law claims were dismissed as preempted under ERISA)
Star Scientific, Inc. v. Carter, 204 F.R.D. 410, 61 U.S.P.Q.2d 1252 (S.D. Ind. 2001) (court considered constitutional challenges to tobacco settlement with states)
Worth v. Great American Insurance Co., 210 F.3d 377 (7th Cir. 2000) (upheld district court’s finding under “claims made” professional liability policy that insurer was relieved of its obligation to provide coverage for a claim where the attorney was aware of the circumstances that gave rise to a malpractice suit but failed to inform carrier on application)
American National Fire Insurance v. Berrones, 2000 WL 1617746 (S.D. Ind. 2000) (summary judgment entered on insurer’s denial of coverage under professional liability insurance where insured failed to disclose potential malpractice claim when applying for policy)
Sleweon v. Burke Murphy Constanza & Cuppy, 712 N.E.2d 517 (Ind. App. 1999) (upholding summary judgment for law firm in legal malpractice case applying proof of causation standard that former client must show that outcome of the underlying litigation would have been more favorable but for the attorney’s negligence)
Midwest Commerce Banking Company v. Elkhart City Centre et al, 4 F.3d 521, 26 Fed R. Supp. 3d 1426 (7th Cir. 1993) (upholding dismissal, for failure to plead fraud with the particularity required by Fed. R. Civ. P. 9(b) in fraud action by former client against lawyer)
Robert Gregory, et al v. The Home Insurance Company, 876 F.2d 602, RICO Bus. Disp. Guide 7231 (7th Cir. 1989) (upheld district court’s interpretation that a series of related acts, errors and omissions would be subject to same limit of liability of a professional liability insurance policy)
State ex rel. Indiana State Bar Ass’n v. Miller, 770 N.E.2d 328 (Ind. 2002) (court considered whether property tax assessor was engaged in the unauthorized practice of law)
Trimble v. Ameritech Pub., Inc., 700 N.E. 2d 1128 (Ind. 1998) (court upheld Ameritech Publishing’s limitation of liability provision in advertising contract)
Elward v. Benicorp Ins. Co., 201 F.Supp.2d 939, 27 Employee Benefits Cas. 2629 (N.D. Ind. 2002) (court found that owner of company was a participant within the meaning of ERISA and therefore state law claims were dismissed as preempted under ERISA)
Williams v. Benicorp Ins. Co., 190 F.Supp.2d 1379 (M.D.Ga. 2002) (court affirmed removal of case to federal court on ERISA preemption grounds)
The Rubber Shop, Inc. v. Benicorp Insurance Co., 238 F.R.D. 618 (N.D. Ind. 2006)(the court granted a protective order limiting discovery on plaintiffs' ERISA benefit claims to the administrative record).
Buck v. Grube, No. 49A02-0411-CV-957, 833 N.E.2d 110 (Ind. Ct. App. Aug. 25, 2005) (affirming the trial court's holding that the Indiana partition statutes permitted the trial court to unilaterally determine that a parcel of property could not be physically partitioned without substantial harm to the owners of the property).
