lawsuit

Judges disagree over use of summary judgment to pierce corporate veil

August 23, 2012
Jennifer Nelson
One Court of Appeals judge believed the “only reasonable inference” that could be drawn from the evidence in a collections case is that a former company was a “sham corporation,” so the trial court properly pierced the corporate veil on summary judgment.
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State moves forward with IBM appeal

August 21, 2012
Dave Stafford
Attorneys for the state of Indiana have begun the formal appeal process after a Marion County court in July awarded a $52 million judgment to IBM over cancellation of the company’s contract to privatize social service claims processing.
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AT&T technicians file lawsuit over lunch policy

August 17, 2012
Chris O'Malley
Eleven AT&T technicians have filed a federal lawsuit seeking class-action status to collect unpaid wages and overtime, alleging the company compels them to work during unpaid lunch breaks.
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7th Circuit rules in favor of attorneys in failed business investment

August 16, 2012
Jennifer Nelson
A group of investors suing attorneys who worked on the establishment of two business entities – which later failed – were unable to show the 7th Circuit Court of Appeals that the attorneys owed the investors any legal duty.
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State fair settlement fails

August 16, 2012
IL Staff
Mid-America Sound Corp., one of two companies that offered an additional $7.2 million to victims of the Indiana State Fair stage collapse, announced it will not proceed with its offer after deciding not enough claimants accepted the settlement arrangement.
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Immigration law challenge moves forward in Northern District

August 15, 2012
IL Staff
U.S. Magistrate Judge Andrew P. Rodovich in Hammond Tuesday granted the state’s unopposed motion to lift the stay of a lawsuit in the Northern District challenging portions of Indiana’s immigration law dealing with employment.
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Trial court erred in abrogating homeowner’s obligation to pay fees to HOA

August 13, 2012
Marilyn Odendahl
The Indiana Court of Appeals reversed a trial court’s ruling that changes in a gated residential vacation and retirement community were so radical as to abrogate a homeowner’s obligation to pay yearly fees to the homeowners association.
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Court affirms judgment against home contractor

August 13, 2012
Dave Stafford
A home repair contractor lost an appeal of an award against him, but he won’t have to pay the attorney fees of the party that won the judgment, the Indiana Court of Appeals ruled.
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Court reverses summary judgment in mixed martial arts TV suit

August 10, 2012
Dave Stafford
A dispute over idea misappropriation and civil conversion involving the origin of televised mixed martial arts through HDNET Fights was sent back to the trial court Friday. The Court of Appeals ruled that Marion Superior Court’s grant of partial summary judgment in favor of a sanctioning body that had suggested the development of a similar idea was in error.
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Trial court erred in finding provision was liquidated damages clause

August 7, 2012
Jennifer Nelson
A forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday. The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
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Court rules for city, water company in suit over frozen hydrants

August 3, 2012
Jennifer Nelson
The Indiana Court of Appeals found that the city of Indianapolis and water company – which contracts with the city to operate the water utility – are entitled to common law immunity from a lawsuit brought by a restaurant and its insurers after a fire destroyed a Texas Roadhouse restaurant.
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Zoeller: Most claimants agree to State Fair settlement

August 2, 2012
Dave Stafford
More than 80 percent of victims who sued after the State Fair stage collapse last year say they want to participate in the $13.2 million public-private settlement negotiated between the Indiana attorney general’s office and two defendant companies, the AG’s office said Thursday.
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Federal courts rule against overtime in pharmaceutical cases

August 1, 2012
Marilyn Odendahl
In a pair of decisions, the U.S. Supreme Court and the 7th Circuit Court of Appeals examined different exemption provisions to overtime requirements of the Fair Labor Standards Act but reached the same conclusion: Pharmaceutical sales representatives are not entitled to overtime pay.
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Supreme Court divided on whether man's claims against bank can proceed

July 31, 2012
Jennifer Nelson
Two Indiana justices believed that a man’s actual fraud and tortious interference with contract claims against Old National Bank should go to trial, an opposite conclusion reached by their fellow justices.
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$2.9M verdict in mill accident case upheld

July 27, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed the admittance of an expert’s opinion as to causation of an accident at a northern Indiana steel rolling mill, finding the federal court properly denied a company’s Daubert motion to bar that testimony.
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New suit alleges NCAA monopoly, seeks class action

July 27, 2012
Dave Stafford
A new federal lawsuit has been filed alleging that the Indianapolis-based NCAA constitutes an illegal college sports monopoly.
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Son’s suit against father not barred by Indiana Guest Statute

July 23, 2012
Jennifer Nelson
A divided Indiana Supreme Court has found that a lawsuit filed by a son after his father hit him with his car while the son tried to help his father park isn’t barred by Indiana’s Guest Statute.
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Mother of man shot to death at Kroger files suit

July 19, 2012
Scott Olson
The mother of an Indianapolis man fatally shot in December by a Kroger manager during what police determined was an attempted robbery is suing the supermarket chain for wrongful death.
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State must pay $52M over terminated welfare contract

July 18, 2012
Jennifer Nelson
Marion Superior Judge David Dreyer has ordered the state to pay IBM an additional $12 million in early termination closeout payments and for equipment it retained after canceling a contract with IBM to implement a modernized welfare system. The judge previously ruled in January that the state was on the hook for $40 million in subcontractor assignment fees for terminating the contract.
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Divided appeals court affirms summary judgment for community action program

July 13, 2012
Dave Stafford
A divided Indiana Court of Appeals panel on Friday affirmed a Marion Superior Court ruling that dismissed a case against a government-funded agency because the victims in a vehicle accident failed to provide notice under the Indiana Tort Claims Act.
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Court reverses ruling in Plymouth church insurer's suit against contractors

July 13, 2012
Dave Stafford
The Indiana Court of Appeals reinstated an insurer’s case against contractors who built a Plymouth church gymnasium addition in 2008 in which the basketball court floor was ruined when a frozen sprinkler burst eight months later.
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7th Circuit certifies questions for Kansas Supreme Court

July 12, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas justices.
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Deadline to accept State Fair settlement extended

July 11, 2012
IL Staff
The Office of the Indiana Attorney General, at the request of attorneys representing claimants in lawsuits stemming from the stage collapse at the Indiana State Fair in August 2011, has moved the deadline to respond to a settlement offer to Aug. 1. The original deadline was Friday.
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Hauke receiver files suit against his former accounting firm

July 9, 2012
Scott Olson
The receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued Hauke's former accounting firm, charging that its negligence contributed to millions of dollars in investor losses.
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7th Circuit reinstates insurer’s case against shipper

July 5, 2012
Dave Stafford
An insurer’s lawsuit against an Indianapolis-based shipping company involving a loss of more than $1 million has been reinstated by the 7th Circuit Court of Appeals.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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