lawsuit

Red-hot M&A target comes with a little legal problem in the US

January 11, 2016
 Bloomberg News
For months now, Swiss seed maker Syngenta AG has been publicly courted by the likes of Monsanto Co. and China National Chemical Corp., part of a historic consolidation wave sweeping the agri-chemicals business. But lurking behind any deal are lawsuits against Syngenta in which U.S. farmers and grain handlers are claiming losses of up to $6 billion.
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Via poem, judge dismisses inmate’s suit over bathroom access

January 8, 2016
 Associated Press
A Columbus, Ohio, judge used a five-stanza poem to dismiss a prisoner’s lawsuit over bathroom access, writing that “neither runs nor constipation can justify this litigation.”
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GM ignition nightmare won’t go away, for victims or company

January 8, 2016
 Bloomberg News
The car maker, which faces at least 16 trials on death and injury claims in state and federal courts in the U.S. in 2016, has said in regulatory filings that it couldn’t estimate its potential liability.
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Anthem workers target high 401(k) fees

January 7, 2016
 Bloomberg News
Anthem Inc.’s retirement plan is accused in a lawsuit of forcing about 60,000 workers and retirees to pay excessive fees by having to invest in Vanguard Group funds billed as low-cost options.
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Suit filed against Allen County over public defender system

January 6, 2016
 Associated Press
A second county in Indiana is facing a federal lawsuit claiming that its public defender system violates indigent defendants' rights to adequate legal defense.
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Man’s federal claims against Noblesville police fail

January 5, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court ruling granting summary judgment in favor of law enforcement officers on a man’s claims alleging false arrest and excessive force.
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US sues VW over emissions-cheating software in diesel cars

January 4, 2016
 Associated Press
Federal authorities are suing Volkswagen over emissions-cheating software found in nearly 600,000 vehicles sold in the United States.
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Vaping industry sues state over new regulations

January 4, 2016
Scott Olson, IBJ Staff
The advocacy group that represents Indiana’s vaping and electronic cigarette industry is suing the state, claiming new safety regulations are unconstitutional.
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Injured moped driver entitled to new trial

December 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a jury ruling in favor of a motorcyclist who collided with a moped driver trying to seek shelter before a rainstorm and ordered a new trial.
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COA: Doctor had duty to nurse practitioner’s patient who died

December 31, 2015
Jennifer Nelson
An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.
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Facebook’s suit against Ceglia lawyers thrown out on appeal

December 30, 2015
 Bloomberg News
Facebook Inc.’s malicious-prosecution lawsuit against lawyers and firms that represented Paul Ceglia in his claim to own half the social media giant was thrown out on appeal.
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Judge grants extensions Pence sought in Syrian refugee case

December 30, 2015
Dave Stafford
A federal judge has granted extensions the administration of Gov. Mike Pence sought as it continues to oppose a charity’s resettlement of Syrian refugees in Indiana. The ACLU of Indiana, meanwhile, calls discovery demands the state has directed at the nonprofit agency “breathtaking.”
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Inmate wins $10,000 verdict against US for prison injury

December 29, 2015
Dave Stafford
A federal inmate who cut his forearm on a jagged bed frame won a $10,000 judgment in his lawsuit against the United States.
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Rolling Stone urges court to throw out UVa grads' lawsuit

December 24, 2015
 Associated Press
Rolling Stone magazine is urging a judge to throw out a lawsuit filed by three former fraternity members at the University of Virginia who claim they suffered humiliation and emotional distress because of the magazine's debunked article about a campus gang rape.
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Pence may argue charity can’t represent Syrian refugees

December 24, 2015
Dave Stafford
Indiana Gov. Mike Pence may argue the Indianapolis charity that sued him for attempting to suspend its federal government-approved resettlement of Syrian refugees has “a lack of any valid right of action or standing to assert the rights of refugees,” court filings show.
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Nonprofit ambulance service not entitled to ITCA protections

December 23, 2015
Jennifer Nelson
The volunteer emergency ambulance service provider in Sharpsville is not entitled to the protections of the Indiana Tort Claims Act, the Indiana Court of Appeals affirmed, because it is a private company rather than a governmental entity.
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COA affirms attorney owes ex-assistant thousands in unpaid wages

December 23, 2015
Jennifer Nelson
An Elkhart solo practitioner must pay his former legal assistant more than $85,000 after she sued him to recover unpaid wages owed to her over the course of two years, the Court of Appeals affirmed Wednesday.
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Judge puts brakes on California Uber drivers’ suit outcome

December 23, 2015
 Bloomberg News
Uber Technologies Inc. won a ruling that may put off the outcome of a bid by California drivers to be treated as employees in a lawsuit that has grown dramatically both in size and potential liability.
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Split court reverses dismissal of complaint against probation officers

December 22, 2015
The Indiana Supreme Court decided 3-2 Tuesday to reverse the dismissal of a man’s claims arising out of his incarceration for a probation violation that allegedly occurred after his term of probation had expired.
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Driverless cars give lawyers bottomless list of defendants

December 22, 2015
 Bloomberg News
Imagine a robot car with no one behind the wheel hitting another driverless car. Who’s at fault?
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Judge limits police expert testimony in excessive force case

December 17, 2015
Dave Stafford
A defense expert may not testify whether he believes a Richmond police officer used excessive force when he punched an unruly man in the face three or four times while the man was handcuffed to a hospital gurney.
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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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Attorney questions if schools complied with Nativity ruling

December 15, 2015
 Associated Press
An attorney who filed a lawsuit that led to a federal judge banning a northern Indiana school district from including a live Nativity scene in its annual Christmas show says he believes the district's use of mannequins instead of student actors had many of the same constitutional flaws.
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7th Circuit upholds Indiana’s cold beer law

December 14, 2015
Marilyn Odendahl
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.
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Banned live Nativity goes on with mannequins

December 14, 2015
 Associated Press
School officials say a federal judge's injunction only applied to a live scene and that they complied with the order.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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