Author: Adam Sedia

Knowing Your Neighbor: A Primer on Indiana Tort-Related Law for Illinois Attorneys

By Adam J. Sedia 1 and William A. Vlasek2 Introduction It is useful for Illinois practitioners to develop a basic understanding of the way it’s next-door neighbor handles tort issues. Geography dictates this. Cook County, the second most populated county in the nation, borders Lake County, Indiana’s second most populated county. America’s third most congested highway is I-80/I-94 between Portage, Indiana, and and Thornton, Illinois.3  Farther south, the Indiana cities of Terre Haute, Vincennes, and Evansville lie near the Illinois state line. The high volume of commerce and travel flowing across the state line means that many injured Illinoisans will...

Read More

Is the Act of God Defense Still Viable in Indiana?

Introduction “[W]ith God all things are possible.” Matthew 19:26. What happens, then, when a defendant asserts an Act of God defense? Has he named the Almighty Himself as a nonparty? How can a plaintiff prove that God is not responsible as a nonparty? Humorous though the inquiry may seem, it nevertheless presents a problem for plaintiffs. Injecting the language of the supernatural into the trial process seems to provide an unfair advantage to the defense. On the surface, it appears to permit defense counsel to argue that the jurors can disbelieve the testimonial and scientific evidence if they find...

Read More