ELIZABETH M. HYDE- J.D., 2019, Indiana University Robert H. McKinney School of Law; B.A. 2011, Hanover College – Hanover, […]
COURTNEY ABSHIRE- J.D., 2019, Indiana University Robert H. McKinney School of Law; MPA 2016, Indiana University Purdue University Indianapolis […]
R. Randall Kelso, Spurgeon E. Bell Distinguished Professor of Law, South Texas College of Law Houston. The preliminary […]
Margaret C. Tarkington Professor of Law and Dean’s Fellow, IU McKinney School of Law Co-Director, J.D. Program Evaluation & […]
Kathleen Clark Professor of Law, Washington University School of Law The U.S. Department of Justice has a long […]
Evan C. Zoldan[i]
When the Court of Appeals of Indiana decided an important case about gun liability in May 2019, it got a key legal point wrong. The case, City of Gary v. Smith & Wesson,[ii]arose out of a lawsuit filed by the City of Gary, Indiana (the “City”), against Smith & Wesson and other firearms manufacturers. The City asked the court to hold the manufacturers liable for creating a public nuisance and for the negligent design, distribution, and marketing of firearms. After the City’s lawsuit was filed, the Indiana legislature passed a statute granting immunity to gun manufacturers for these types of claims. Because the lawsuit predated the statute, however, it was not clear whether the statute would affect the pending lawsuit.
Administrative agencies regulate a wide breadth of issues—including driver’s licenses, alcoholic beverage permits, placement of utility poles, administration of the state’s Medicaid program, and complaints by prisoners—to name just a few examples discussed in this Article. These agencies form a bridge between Indiana’s citizens and their government.