Legal Opinion
Oshinski v. Northern Indiana Commuter Transportation District
Indiana Court of Appeals
Decided February 22, 2006No. 45A03-0502-CV-58PublishedCited by 25 opinions
1Opinion of the Court
OPINION
BARNES, Judge.
Case Summary
Thomas Oshinski appeals the trial court's grant of summary judgment in favor of the Northern Indiana Commuter Transportation District ("NICTD"). We affirm.
Issues
We address the two dispositive issues, which we restate as:
I. whether Oshinski waived his objection to NICTD's amended affirmative defense by failing to object to such amendment; and
II. whether the State of Indiana has given "blanket consent" to be sued in Indiana courts under the Federal Employer's Liability Act (CFELA"), thus making compliance with the Indiana Tort Claims Act ("ITCA") unnecessary.
Fact…
2Cases cited18 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Alden v. MaineSupreme Court of the United States · 1999
- United States v. KingSupreme Court of the United States · 1969
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999
- Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Brown v. AlexanderIndiana Court of Appeals · 2007
- Gary Community School Corp. v. BoydIndiana Court of Appeals · 2008
- M.S.D. of Martinsville v. JacksonIndiana Court of Appeals · 2014
- Januchowski v. Northern Indiana Commuter Transportation DistrictIndiana Court of Appeals · 2009
- Kuebel v. Department of Wildlife & FisheriesLouisiana Court of Appeal · 2009
20 more not listed; retrieve them via the Exa API.