Civil Case

Holcomb signs off on provision removing AG residence requirement

April 14, 2017
IL Staff
Indiana’s attorney general no longer has to reside in Indianapolis to hold office now that Gov. Eric Holcomb has signed a bill to remove the residency requirement.
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COA: Town can compel property to connect to sewer

April 6, 2017
Olivia Covington
A northern Indiana town was within its municipal rights to compel a property owner to connect to the municipal sewer line because the properties in question were within 300 feet of the sewer system, the Indiana Court of Appeals ruled Thursday.
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High court may re-examine Civil Rights Act after LGBT ruling

April 6, 2017
 Associated Press
A ruling by the 7th Circuit Court of Appeals in Chicago in and Indiana case reopens the question of whether the 1964 Civil Rights Act’s protections apply to LGBT workers in the same way they bar discrimination based on someone’s race, religion or national origin.
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Judge's ruling ends civil suit against former Irwin Union bank officers

April 3, 2017
Susan Orr
An Indianapolis judge has ruled in favor of three former Irwin Union Bank & Trust Co. executives, closing the book on a civil suit that the bank’s bankruptcy trustee originally filed in 2011.
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Local Roche units sue pharmacies over alleged test-strip scheme

March 31, 2017
John Russell, IBJ Staff
Two Indianapolis-based subsidiaries of Swiss pharmaceutical giant Roche Group are accusing a group of pharmacies and supply houses of engaging in an elaborate scheme to defraud Roche of millions of dollars in sales on diabetes test strips.
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Civil filing fee extension going to governor

March 29, 2017
Marilyn Odendahl
The bill extending the $1 surcharge on civil legal filings is headed to the governor’s desk.
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House to consider extension of civil legal filing fee

March 21, 2017
Marilyn Odendahl
A bill which would extend the pro bono legal services fee on court filings has cleared a committee in the Indiana House of Representatives and is headed for a second reading Tuesday on the floor of the lower chamber.
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Obama’s final year: US spent $36 million in records lawsuits

March 14, 2017
 Associated Press
The Obama administration in its final year in office spent a record $36.2 million on legal costs defending its refusal to turn over federal records under the Freedom of Information Act, according to an Associated Press analysis of new U.S. data that also showed poor performance in other categories measuring transparency in government.
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City sues drugmaker for letting OxyContin flood black market

March 14, 2017
 Associated Press
As deaths from painkillers and heroin abuse spiked and street crimes increased, the mayor of Everett, Washington, took major steps to tackle the opioid epidemic devastating this working-class city north of Seattle. He sued the maker of OxyContin.
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Strip club operator accused of exploiting dancers

March 13, 2017
 Associated Press
A Colorado company that owns over a dozen strip clubs around the country, including in Indianapolis, is facing a federal lawsuit over allegations that it exploited its dancers by requiring them to pay fees in order to work.
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Floyd County seeks to settle jail lawsuit for $1.23M

March 13, 2017
 Associated Press
A southern Indiana county has proposed settling a federal class action lawsuit alleging inhuman conditions at its jail for $1.23 million.
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Justices remand Bloomington property partition dispute

March 6, 2017
Olivia Covington
A woman’s case to partition and sell a Bloomington property will continue after the Indiana Supreme Court reversed a lower court’s finding that the husband and wife with whom the woman purchased the property were not tenants by the entireties of the property.
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Pence asks Supreme Court to keep some governor emails secret

February 28, 2017
 Associated Press
Vice President Mike Pence is asking the Indiana Supreme Court to let him keep secret some documents emailed to him while he was the state's governor.
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Supreme Court seems split in case of boy’s death near border

February 21, 2017
 Associated Press
The Supreme Court of the United States appears to be evenly divided about the right of Mexican parents to use American courts to sue a U.S. Border Patrol agent who fired across the U.S.-Mexican border and killed their teenage son.
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7th Circuit allows Indy airport to proceed with insurance claim

February 20, 2017
Olivia Covington
The 7th Circuit Court of Appeals is allowing the Indianapolis Airport Authority to move forward with part of an insurance claim stemming from a construction incident at the Midfield Terminal that delayed its opening in 2008.
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Indiana trial court civil case records to debut online March 1

February 8, 2017
IL Staff
A number of Indiana trial court records will be made available to the public online at no cost beginning March 1 through the state’s case management system, Odyssey, according to a Supreme Court order issued Tuesday.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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7th Circuit reverses dismissal of ‘arbitrary’ Appeals Council decision

January 31, 2017
Olivia Covington
The 7th Circuit Court of Appeals Tuesday reversed an Appeals Council decision to dismiss an Indiana man’s good cause request after initially granting the request, finding that the sudden change of course was arbitrary.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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COA upholds denial of IRA garnishment

January 31, 2017
Olivia Covington
The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.
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Syrian family denied entry sues Trump administration

January 31, 2017
 Associated Press
A lawsuit has been filed against the Trump administration on behalf of a Syrian family who was denied entry into the United States at the Philadelphia airport over the weekend.
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Divided COA reverses denial of proceedings supplemental

January 30, 2017
Olivia Covington
A divided Indiana Court of Appeals panel has reversed a trial court’s denial of a motion for proceedings supplemental in a civil case, writing that it was incumbent upon the county clerk, not the litigant, to ensure that a criminal court knew of a lien against criminal bond proceeds.
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Woman exonerated in murder loses appeal over fingerprint errors

January 27, 2017
Olivia Covington
The 7th Circuit Court of Appeals declined to allow a plaintiff to seek money damages against an Elkhart County detective who incorrectly identified latent fingerprints as those of a woman convicted of murder in 2002. The panel ruled that despite his training, the detective was still considered an expert on fingerprint identification.
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COA reverses denial of summary judgment to bank

January 26, 2017
Olivia Covington
The Indiana Court of Appeals has ruled that U.S. Bank is a bona fide purchaser of an Indianapolis property and was entitled to summary judgment after finding that the mortgage an investment company held on the property could not be found by an adequate title examination.
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Judge rules for Teamsters, notes plaintiff’s gambling bills

January 26, 2017
Dave Stafford
The owner of a defunct trucking business who sued an Indianapolis Teamsters local alleging interference with business relationships lost her case, and a judge used his order to point out that money withdrawn from the company’s bank account for gambling sprees occurred at the same time the union alleged its health benefits went unpaid.
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