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. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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