06/16/2005
Summary Judgment Premised Upon a Judgmental Immunity Defense is not Proper Merely Because there was a Conflict in Pertinent Law
Oxley v. Lenn, 819 N.E.2d 815 (Ind.App.2004)
Brief Summary
The case holds that an attorney who wants to benefit from a judgmental immunity defense must, in effect, have exercised judgment and cannot simply rely upon a windfall in the form of inconsistent case law of which the attorney was unaware.
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