lawsuit

Dispute over beach ownership heading back to trial court

March 26, 2015
Marilyn Odendahl
Property owners along Lake Michigan will have another chance to make their arguments in a dispute over which part of the beach belongs to them and which belongs to the public.
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States ask court to keep RadioShack from selling customer data

March 26, 2015
 Bloomberg News
Twenty-two states, including Indiana, have rallied around Texas in its legal challenge to RadioShack’s plan to sell personal data on 117 million customers.
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Wrongful detention complaints grow against Marion County Jail

March 26, 2015
Dave Stafford
A Hendricks County man claims he lost his job because the Marion County Jail detained him five days longer than he was sentenced. That’s the latest allegation in a federal lawsuit seeking damages for alleged unreasonable release procedures that may have left thousands behind bars in Indianapolis longer than they should have been.
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Justices find no public school transportation mandate

March 24, 2015
Dave Stafford
A dispute over a suburban Indianapolis school system’s fees for bus service ended Tuesday with the state Supreme Court ruling that public schools are not constitutionally required to provide transportation for students.
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Lawsuit: Angie's List manipulates ratings to lift advertising

March 24, 2015
Greg Andrews, IBJ Staff
A new federal lawsuit takes aim at Angie’s List Inc. on a new front, charging that it manipulates consumer reviews, ratings and search results in the interest of extracting more advertising revenue from service providers.
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Court declines Evansville woman’s suit over flood damage

March 24, 2015
 Associated Press
The Indiana Supreme Court has declined to hear the case of an Evansville woman who sued the city over flood damage to her home that she blames on a storm sewer pipe.
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Simon wins $150M after long legal battle with 16 insurers

March 24, 2015
IBJ Staff
Simon Property Group has been awarded a major victory in a nearly five-year legal battle against 16 insurers following a flood that severely damaged one of Simon's shopping malls in May 2010.
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Ex-BMV chief, others knew about overcharges, report says

March 23, 2015
 Associated Press
Former Indiana Bureau of Motor Vehicles Commissioner R. Scott Waddell and other top officials knew for years that residents were being overcharged for driver's licenses and other fees but did nothing to stop it until a class-action lawsuit was filed in 2013, a newspaper investigation found.
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Yorktown tweaks canvassing ordinance after ACLU lawsuit

March 23, 2015
 Associated Press
A central Indiana town sued by a consumer advocacy group over its restrictions on door-to-door canvassing has changed a town ordinance to remove the contested language.
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Steak n Shake parent wins court victory amid proxy challenge

March 20, 2015
IBJ Staff
Biglari Holdings Inc. has won a major legal victory as a separate fight with a dissident shareholder turns personal. A lawsuit brought by shareholders of the Steak n Shake parent accusing CEO Sardar Biglari and directors of breaching their fiduciary duties has been dismissed by a federal judge in Indiana.
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Widow of Mel Simon sues government to recoup $21.4M

March 19, 2015
Scott Olson, IBJ Staff
The widow of Mel Simon is suing the U.S. government over a tax dispute in which she claims she is owed a refund of more than $20 million related to financial contributions he made to the Indiana Pacers totaling $83 million.
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Joint defense agreement does not prevent trust from suing attorney

March 18, 2015
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed that a joint defense agreement entered into by an attorney and the trust he helped to set up and for which he served as trustee did not bar the trust’s later lawsuit against him for claims arising from their business relationship.
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Justices affirm brother committed 3 separate breaches of contract

March 18, 2015
Jennifer Nelson
The Indiana Supreme Court agreed with the Court of Appeals on Tuesday that a man who purchased three properties outside of the joint business with his brother breached a noncompetition agreement with respect to all three properties.
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NCAA appeal says students will lose if amateur sports rules tossed

March 18, 2015
 Bloomberg News
Professional sports and higher education are a losing combination for American college students and fans. That was the National Collegiate Athletic Association’s game-day argument as it seeks to reverse a judge’s ruling that the organization behind March Madness and January bowl games is running a multibillion-dollar cartel that cheats athletes.
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Tax Court lacks jurisdiction to hear casino’s claim

March 17, 2015
Jennifer Nelson
The Indiana Tax Court on Monday dismissed a northern Indiana casino’s appeal of the LaPorte County treasurer’s failure to refund paid innkeeper’s tax, finding the court lacks subject matter jurisdiction.
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Indiana sues auto parts dealer over unpaid fine, auto fluids

March 16, 2015
 Associated Press
Indiana's environmental agency is suing an auto parts dealer who was ordered last year to pay a $10,000 fine and clean up automotive fluids and other materials at his Muncie business.
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Trial court incorrectly determined company could collect all delinquent taxes

March 12, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a $1.4 million judgment in favor of a company hired by Lake County to collect delinquent real property taxes, finding the lower court improperly interpreted the collections contracts as a matter of law.
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Anthem customers’ attorneys will have to prove injury

March 11, 2015
Marilyn Odendahl
Since health insurance giant Anthem Inc. announced millions of customers’ information had been stolen in a data breach, class-action lawsuits against the company have been filed in federal courts across the country. Although the breach is unprecedented and consumers are fearful their identities will be stolen, the plaintiffs may not have been harmed according to the law.
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More lawsuits filed in December Megabus crash in Indiana

March 9, 2015
 Associated Press
More lawsuits have been filed by Megabus passengers injured when a double-decker bus rolled onto its side in southern Indiana in December.
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SCOTUS to 7th Circuit: Review Notre Dame birth control case

March 9, 2015
 Associated Press, IL Staff
The Supreme Court is ordering the 7th Circuit Court of Appeals to take another look at the University of Notre Dame’s lawsuit concerning the overhaul of federal health care rules on paying for contraceptives.
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Federal judge fines abusive filer $1,200, bars future suits

March 6, 2015
Dave Stafford
A man who’s filed nearly four dozen lawsuits against defendants from “Bobby” to President Barack Obama lost his federal court privileges this week.
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Lawsuit over Covanta recycling center plan set for hearing

March 6, 2015
Kathleen McLaughlin, IBJ Staff
A lawsuit prompted by Indianapolis Mayor Greg Ballard’s controversial recycling-plant deal is set for hearing March 10.
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Court affirms $100,000 in attorney fees to bank for defending groundless claim

March 5, 2015
Jennifer Nelson
A woman who claimed a bank acting as trustee breached its fiduciary duties by selling stock of JP Morgan Chase over the course of several years is still on the hook for more than $100,000 in attorney fees and costs to the trustee, the Indiana Court of Appeals affirmed Thursday. The COA agreed Susan Moeder brought a groundless claim against Salin Bank and Trust Co. after it sought to resign as trustee.
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Patients sue Lilly, claim Cymbalta withdrawal hazards

March 4, 2015
Dave Stafford
Two federal lawsuits filed in Indianapolis allege Eli Lilly’s top-selling antidepressant Cymbalta caused almost immediate dangerous withdrawal symptoms when patients attempted to stop using the medication.
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7th Circuit reinstates alleged racketeering lawsuit

March 2, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the decision of a federal judge to dismiss a man’s lawsuit because it is barred by the Rooker-Feldman doctrine. A man who had his gas station foreclosed upon claimed the defendants acted in cahoots to defraud him out of his business.
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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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