Litigation

Crowdfunding for court costs

June 28, 2017
Dave Stafford
Social media and online fundraising campaigns are becoming new venues to finance litigation.
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Bank’s parallel litigation in Indiana, Brazil permissible

June 27, 2017
Dave Stafford
A bank seeking to recoup millions it loaned for a businessman’s purchase of an airplane was entitled to pursue parallel litigation in federal court in Indiana and in Brazil, the 7th Circuit Court of Appeals ruled Monday.
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Bellwether Cook blood-clot-filter case heads to trial

June 7, 2017
John Russell, IBJ Staff
The lawsuits continue to pile up, dozens a month, against Cook Group from patients who say the company’s blood-clot filters malfunctioned, sometimes piercing organs and blood vessels, requiring surgeons to remove them.
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Cunningham: 5 tips to survive a Daubert challenge  

May 17, 2017
The Daubert standard is one area of the law that concerns attorneys and financial damages experts alike. For a financial expert, no other measure in the federal court system goes to the core of a financial expert’s competence and thoroughness in his or her work product like the Daubert standard. For a trial attorney, a case can often be jeopardized if a Daubert challenge to an expert is successful.
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J&J loses $110M verdict over talc cancer-link claim

May 5, 2017
 Bloomberg News
Johnson & Johnson was ordered by a St. Louis jury to pay more than $110 million to a Virginia woman who blamed her ovarian cancer on the company’s talcum products.
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COA affirms confidentiality of deposition in litigation between Greek brothers

April 19, 2017
Olivia Covington
Discovery materials protected in Indiana courts under a protective order cannot be used in litigation between two brothers in Greece, the Indiana Court of Appeals held Wednesday.
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Trustee prepares for next round in ITT bankruptcy

March 8, 2017
Marilyn Odendahl
Hiring of litigation firm Robins Kaplan indicates claims may be filed against the school’s leaders.
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Trustee prepares for next round in ITT bankruptcy

March 8, 2017
Marilyn Odendahl
Hiring of litigation firm Robins Kaplan indicates claims may be filed against the school’s leaders.
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COA reverses summary judgment in third appeal in business case

March 7, 2017
Olivia Covington
In the third appeal regarding alleged business relationships between several men, the Indiana Court of Appeals has reversed summary judgment for the owners of the business in question, holding that there remains a genuine issue of material fact as to whether the other men suffered damages when they were denied ownership interests.
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Borissov: Broadband access in rural areas and mandatory e-filing

February 8, 2017
Would I welcome mandatory e-filing with such open arms if I practiced in a small town or rural area in Indiana, as many of our distinguished colleagues do, where access to broadband is limited?
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5 practice areas expected to see major growth in 2017

November 16, 2016
Olivia Covington
In its 2017 Practice Outlook Guide, BTI Consulting Group projected that five practice areas would experience significant growth in the coming year: regulatory matters, mergers and acquisitions, cybersecurity/data privacy, bet-the-company litigation and class-action lawsuits. Here is a look at the reasons top lawyers in these practice areas are predicting steady growth.
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New resource gives access to troves of data measures on district court judges’ orders

November 16, 2016
Dave Stafford
Litigation Analytics, a product of Bloomberg Law, will tell you how long, on average, a judge takes to rule in an employment matter, what firms frequently appear in his or her courtroom, and his or her appeal outcomes.
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Biederman and Burke: Is use of keywords in e-discovery a game of ‘Go Fish?’

November 16, 2016
Raymond Biederman, Sean Burke
Inherent limitations aside, the question the legal community should be asking is not whether, but rather how, keyword searches should be used in e-discovery.
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Judge denies 5-week delay in Trump University trial

September 16, 2016
 Associated Press
A federal judge in San Diego has denied Donald Trump's request for a five-week delay to a trial to determine whether the now-defunct Trump University defrauded customers.
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Lawyers warned they may pay for filing frivolous suits

September 15, 2016
 Bloomberg News
Lawyers who defend companies in product liability cases are celebrating an unusual order by a federal judge in Columbus, Georgia. In it, he told attorneys for the other side—the ones who represent injured consumers—that he was going to crack down on frivolous claims, and that the penalty could come from their wallet.
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Hanson/Eckhart: Class wage-and-hour litigation is an ongoing threat

August 24, 2016
Employers face countless labor and employment challenges every day. Wage-and-hour compliance issues are near the top of that list because employers have experienced an increase in the number of class- and collective-action lawsuits filed against them.
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Cohen and Mattingly: ESI review protocols: No more shots in the dark

August 10, 2016
Document productions, if done incorrectly, are often overly and underly broad; unnecessarily expensive and inefficient; and potentially damaging. These days if you, knowingly or unknowingly, produce a needle in a stack of hay, it will be (or should be) found.
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Emerging ‘rogue players’ may make legal damages harder to seize

July 28, 2016
 Bloomberg News
Problems with recovering court-awarded assets — and efforts to tackle them — are widespread and potentially growing.
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Long-distance depositions

May 18, 2016
Dave Stafford
Technological advances in teleconferencing are making video depositions a more viable option to control litigation costs, but lawyers say in some cases there's no substitute for in-person questioning.
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Laurin: Liquidated damages provisions: enforceable or a penalty?

April 6, 2016
When litigating the enforceability of liquidated damages provisions, the issue is almost always whether the provision is in reality an unenforceable penalty.
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Judge tells lawyers to fight GM instead of each other

February 11, 2016
 Bloomberg News
The judge overseeing lawsuits against General Motors Co. over a lethal ignition-switch defect denied a bid to remove the lead attorney for the injury and death cases, telling the lawyers to stop arguing with each other.
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COA strikes sentence about laughing jurors in footnote

December 16, 2015
Jennifer Nelson
That jurors laughed at times during a handwriting expert’s testimony in a case contesting probate of a will has been removed from the official court opinion. The Court of Appeals made the move in a rehearing opinion issued Wednesday.
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Justices affirm ruling for school in fired principal’s suit

December 16, 2015
Jennifer Nelson
An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.
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High court: DirectTV can cut off class-action lawsuit

December 14, 2015
 Associated Press
The United States Supreme Court ruled Monday that satellite provider DirecTV can avoid a class-action lawsuit in California over early termination fees and force customers into private arbitration hearings instead.
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Court: It’s risky to take justice into your own hands

December 10, 2015
Jennifer Nelson
Affirming an award of treble damages and remanding for appellate attorney fees, the Indiana Court of Appeals warned in a criminal conversion case Thursday that self-help remedies are perilous and potentially expensive, and it’s best to not take justice into your own hands.
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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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