Civil Case

Judges reinstate woman’s legal malpractice claim

June 28, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a woman’s complaint against her attorney, finding the trial court improperly dismissed it pursuant to Indiana Trial Rule 12(B)(6).
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SCOTUS says judges can recall discharged juries

June 9, 2016
 Associated Press
The Supreme Court of the United States said Thursday that judges may — in rare circumstances — call a jury back to the courtroom after it has delivered a verdict and been dismissed.
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Task force debates putting pre-conviction filings online

June 3, 2016
Scott Roberts
The Indiana Supreme Court’s Advisory Task Force on Remote Access to and Privacy of Electronic Court Records voted Friday to recommend attorneys and clients have access online to all criminal case filings they are party to after the conviction has been entered, but did not set a date for when that would be available. The task force is considering whether pre-conviction criminal case filings should go online.
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Man loses home damage appeal that blamed neighbor’s watering

May 20, 2016
Dave Stafford
A man whose Monroe County home was lost to mold contamination lost his appeal of a jury verdict in favor of his neighbor. The homeowner had claimed his neighbor's excessive watering of her lawn caused water damage to the basement of his home.
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COA: Lack of warning signs reinstates suit in fatal crash

May 20, 2016
Scott Roberts
The Indiana Court of Appeals found the Hancock County Board of Commissioners was not liable for the way an intersection was designed but found there was an issue of material fact as to whether the county should have installed warning signs there. A man was killed at the intersection in 2009 in a crash with another vehicle, triggering a lawsuit.
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Newborn blood sample case appealed to Indiana’s high court

May 20, 2016
 Associated Press
An Indiana couple seeking the destruction of millions of newborn blood samples stored in a state warehouse is appealing their case to the Indiana Supreme Court. The couple's attorney filed a petition Thursday asking the state high court to take up the case.
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Ex-credit union chief loses defamation per se appeal

May 18, 2016
Scott Roberts
The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive's hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.
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COA reinstates ex-boyfriend's complaint for damages

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a man's complaints for compensation against his girlfriend for work he did on two houses, including a house they both lived in, should not have been dismissed. The case was remanded to the trial court.
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US backs Syrian refugees against Pence at 7th Circuit

May 18, 2016
Dave Stafford
The Department of Justice is urging the 7th Circuit Court of Appeals in Chicago to affirm an Indianapolis district court judge’s ruling that blocked Gov. Mike Pence’s directive to suspend federal aid to Syrian refugees resettled in Indiana.
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Judge dismisses sludge lawsuit against Terre Haute

May 18, 2016
 Associated Press
A federal judge has dismissed a lawsuit that alleged the city of Terre Haute and its officials defaulted on an agreement to take out water from waste and use the sludge to make fuel.
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Appraiser has no duty of care to real estate seller

May 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.
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Justices give win to Internet site in false data case

May 16, 2016
 Associated Press
The Supreme Court says an Internet search site that posted false information about people can be sued only if the errors caused actual harm.
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Civil trial over Colorado theater shooting security begins

May 9, 2016
 Associated Press
Nine months after the Colorado theater shooter was sentenced to life in prison, some victims returned to the same courtroom Monday in hopes of holding the company that owns the suburban Denver movie theater accountable for not doing more to prevent his bloody rampage.
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Appellate pleadings and motions going online pushed to July 1

May 9, 2016
Scott Roberts
In its third meeting, the Advisory Task Force on Remote Access to and Privacy of Electronic Court Records shifted discussion to what types of trial court cases should be made available online at mycase.in.gov and any potential issues in doing so.
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7th Circuit: Company responsible for debts

May 3, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a company and its principals need to pay more than $3.5 million to a company it bought supplies from, even though the purchaser accused the seller of price-gouging.
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Ball State police still face excessive force lawsuit

May 3, 2016
 Associated Press
A federal judge’s recent ruling means Ball State University will have to settle or defend itself at trial in a two-year-old civil rights lawsuit filed by a hip-hop artist.
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COA clarifies confusion around judicial admissions

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.
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Judge clears ‘Stairway to Heaven’ copyright case for trial

April 13, 2016
 Associated Press
A trial is needed to determine if Led Zeppelin’s “Stairway to Heaven” copies its opening notes from a song performed by the rock band Spirit, a federal judge has ruled.
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Indiana trooper fired for proselytizing on duty to motorist

April 8, 2016
 Associated Press
The Indiana State Police fired a trooper who is facing a second lawsuit accusing him of preaching to citizens while on duty, saying Thursday he disobeyed a written order to stop the practice.
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Motor vehicle accident: Noblesville collision

April 6, 2016
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Chargemaster rates questioned

April 6, 2016
Scott Roberts
A divided Court of Appeals ruling allowing a patient to view hospital prices may be headed to the Indiana Supreme Court.
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Court upholds total population count in electoral districts

April 4, 2016
 Associated Press
The United States Supreme Court has unanimously upheld a Texas law that counts everyone, not just eligible voters, in deciding how to draw electoral districts.
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Republic, Delta settle lawsuit, strike deal to continue flights

March 25, 2016
 Bloomberg News
Delta Air Lines Inc. has settled its lawsuit against Republic Airways Holdings Inc. in which it accused the Indianapolis-based carrier of failing to operate a full schedule of flights as promised.
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High court won’t hear appeal in NFL video game lawsuit

March 21, 2016
 Associated Press
The Supreme Court of the United States is staying out of a dispute between game maker Electronic Arts Inc. and former National Football League players who accuse the company of using their likenesses in the popular Madden NFL video game series without approval.
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Anthem slaps lawsuit on Express Scripts over drug pricing

March 21, 2016
 Associated Press
Blue Cross-Blue Shield health insurer Anthem is suing pharmacy benefits manager Express Scripts over prescription drug prices.
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  1. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  4. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  5. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

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