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Articles Posted in IN Supreme Court

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Who Decides? A Critical Examination of Arbitrability in Right of Publicity Cases

The court’s recent opinion by Justice Massa in Illinois Casualty Company (ICC) v. Thirty-Three Models addresses the key question of “Who decides?” in the context of arbitrability, focusing on whether disputes should be resolved by arbitration or through the courts based on the parties’ agreements. This case exemplifies an intellectual…

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Indiana Supreme Court Holds Liquidated Damage Provisions are Unenforceable Penalties

The Indiana Supreme Court affirmed the trial court on both issues on appeal in the case of American Consulting, Inc. d/b/a American Structurepoint, Inc. (“American”) versus Hannum Wagle & Cline Engineering, Inc., d/b/a HWC Engineering, Inc. (“HWC”), Marlin A. Knowles, Jr., Jonathan A. Day, David Lancet, and Tom Mobley, originally…

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Indiana Supreme Court issues Opinion in Daniels vs. FanDuel, Inc. Right of Publicity Case

In the Opinion written by Justice David, the Indiana Supreme Court concluded Indiana’s right of publicity statute contains an exception for material of newsworthy value that includes online fantasy sports operators’ use of college players’ likenesses for contests. The matter of Akeem Daniels, Cameron Stingily, and Nicholas Stoner vs. DraftKings,…

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