Civil Case

Judge denies injunction to block VA's Crown Hill project

January 16, 2017
IBJ Staff
A federal judge on Friday shot down a legal effort by environmentalists to block development of a U.S. Department of Veterans Affairs cemetery on 15 wooded acres north of Crown Hill Cemetery in Indianapolis.
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Indiana gets $12.7M in Moody’s inflated-ratings settlement

January 16, 2017
 Associated Press, IL Staff
Indiana will receive $12.77 million from Moody’s Corp., which has agreed to pay nearly $864 million to settle federal and state claims it gave inflated ratings to risky mortgage investments in the years leading up to the financial crisis.
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COA considers liability in sheriff’s office suicide case

January 10, 2017
Olivia Covington
After the wife of a Harrison County sheriff’s deputy killed herself with her husband’s gun while he was off duty, the sheriff’s office and her estate began debating a single question: was the deputy acting in the line of duty when his wife committed suicide?
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U.S. Supreme Court rules for officer in police shooting

January 10, 2017
 Associated Press
The U.S. Supreme Court says a New Mexico State Police officer did not violate clearly established law when he shot and killed an armed man without first calling out a warning.
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IU fraternity chapter suspended after hazing problems

January 10, 2017
 Associated Press, IL Staff
The governing body of Delta Tau Delta has suspended the charter for the fraternity's chapter at Indiana University Bloomington following problems with hazing. The fraternity also faces a lawsuit alleging sexual assault.
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Magistrate recommends dismissal of woman’s dog-mauling suit

January 10, 2017
Olivia Covington
Despite “horrendous injuries” incurred as a result of “a grievous lack of discretion” by Indianapolis Metropolitan Police Department officers, a district court magistrate recommends an Indianapolis woman’s federal claim against IMPD and the city of Indianapolis be dismissed because she did not state a legitimate constitutional claim.
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Divided COA backs Pence in public records case

January 9, 2017
Olivia Covington
A divided Indiana Court of Appeals sided with former Indiana Gov. and Vice President-elect Mike Pence in a Monday opinion, writing that Pence was within his discretion to redact and withhold certain documents sought through a public records request.
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High court won’t hear appeal over Backpage.com escort ads

January 9, 2017
 Associated Press
The United States Supreme Court said Monday it won’t hear an appeal from three sex trafficking victims who accuse advertising website Backpage.com of helping to promote the exploitation of children.
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Supreme Court rejects appeal from flight-sharing company

January 9, 2017
 Associated Press
The Supreme Court of the United States won’t hear an appeal from a company that wants to offer flight-sharing services using a model similar to Uber.
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Ventura loses appeal to reinstate $1.8M defamation verdict

January 9, 2017
 Associated Press
The Supreme Court of the United States has turned away former Minnesota Gov. Jesse Ventura’s bid for reinstatement of a $1.8 million verdict in his defamation case against the estate of slain Navy SEAL and “American Sniper” author Chris Kyle.
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Neighbors sue to block $23M College Avenue development

January 9, 2017
Scott Olson
Neighbors of the site where a local developer plans to build a $23 million apartment and retail project along North College Avenue are seeking to stop the controversial project by taking legal action.
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Ikea OKs tentative settlement in fatal dresser tip over

December 22, 2016
 Associated Press
Ikea, the leading Swedish home furnishings retailer, says a tentative settlement has been reached in the case involving three families in the United States whose children died after Ikea chests and dressers tipped over.
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Poker pro, friend must repay $10.1M to casino

December 19, 2016
 Associated Press
Poker pro Phil Ivey and a companion must return more than $10 million they won from an Atlantic City casino while playing cards that were arranged in a way to give the players an edge.
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ACLU challenges Clarksville yard-inspection ordinance

December 13, 2016
Olivia Covington
A Clarksville resident is suing the southern Indiana town for entering her yard without her permission or warrant, an action she says violates her Fourth Amendment rights.
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Knightstown removes cross from town display after ACLU lawsuit

December 13, 2016
 Associated Press
A central Indiana town has removed a cross from its Christmas decorations after the American Civil Liberties Union of Indiana said it violated the First Amendment.
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Supreme Court leaves $1B NFL concussion settlement in place

December 12, 2016
 Associated Press
The Supreme Court of the United States on Monday rejected challenges to the estimated $1 billion plan by the NFL to settle thousands of concussion lawsuits filed by former players, clearing the way for payouts to begin to those who have been diagnosed with brain injuries linked to repeated concussions.
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VA worker’s protective order against Marine reversed

November 22, 2016
Jennifer Nelson
A woman who worked at the Department of Veterans Affairs who obtained a protective order against a patient after he left four notes on her car didn’t prove that the Marine had stalked her and threatened her safety, the Indiana Court of Appeals ruled Tuesday.
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Trump University lawsuit heads toward Nov. 28 trial

November 10, 2016
 Associated Press
Donald Trump is scheduled to go on trial this month in a class-action lawsuit against him and his now-defunct Trump University, potentially taking the witness stand weeks before his inauguration as president of the United States.
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Judge initially dismisses ticket broker suit against Colts

November 10, 2016
Olivia Covington
A district court has dismissed a lawsuit against the Indianapolis Colts after deciding the team had the legal right not to renew an out-of-state ticket broker’s season tickets, but the court left the case open for further action by inviting the broker to file an amended claim on stronger legal ground.
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Ex-coach’s defamation claim against Noblesville Schools continues

November 2, 2016
Jennifer Nelson
The common interest privilege does not protect an Indiana high school from a defamation claim brought by its former boys basketball coach based on an altered press released the school sent out after an incident during practice in 2014, the Indiana Court of Appeals ruled Wednesday.
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COA panel takes oral arguments to Notre Dame

November 1, 2016
IL Staff
A panel of the Indiana Court of Appeals will hear oral arguments Wednesday at the University of Notre Dame Law School.
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Justices sympathetic to girl suing school over service dog

October 31, 2016
 Associated Press
The Supreme Court of the United States appears sympathetic to a 12-year-old Michigan girl with cerebral palsy who wants to sue school officials for refusing to let her bring a service dog to class.
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Child porn accuser drops lawsuit against ex-Subway pitchman

October 21, 2016
 Associated Press
The family of a girl who accused Jared Fogle in a child pornography case that led to the former Subway pitchman's imprisonment is dropping a lawsuit against him.
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COA dismisses car-crash claim for lack of jurisdiction

October 20, 2016
Dave Stafford
A lawsuit filed after a car crash on Interstate 65 allegedly caused by an intoxicated driver was dismissed by the Indiana Court of Appeals Thursday, which ruled it lacked jurisdiction in a case the trial court appeared to dismiss after an appeal was filed.
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Judge limits expert testimony in Simon antitrust suit

October 20, 2016
Dave Stafford

Expert witnesses for Indianapolis-based Simon Property Group and a competing shopping center developer will be barred from testifying on certain subjects in an antitrust lawsuit against Simon, a federal judge ruled Wednesday.

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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