lawsuit

BMV announces credits for overcharged motorists

July 12, 2013
Dave Stafford
Indiana motorists who overpaid for driver’s licenses over the past six years will get the money back in the form of a credit on their next transaction at the Bureau of Motor Vehicles, the agency announced Friday.
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Judge finds Apple conspired to raise e-book prices

July 11, 2013
Jennifer Nelson
A judge in the U.S. District Court for the Southern District of New York ruled Wednesday that Apple Inc. colluded with major U.S. publishers to artificially raise the retail prices of e-books.
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Gay student settles with school system over claims of harassment

July 10, 2013
Jennifer Nelson
A gay Indianapolis high school student who was expelled last year for using a device that emits an electric charge to defend himself from bullies has settled his lawsuit against Indianapolis Public Schools for failing to protect him.
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7th Circuit reverses sanctions against Plews Shadley, other firms in False Claims Act case

July 9, 2013
Jennifer Nelson
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
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State responds to complaint over cold beer sales

July 8, 2013
Marilyn Odendahl
The Office of the Indiana Attorney General has filed an answer to a lawsuit challenging the state’s laws and regulations that keep gas stations and grocery stores from selling cold beer.
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COA split over reversing summary judgment in slip-and-fall case

July 3, 2013
Jennifer Nelson

The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.

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Cabbies sue town of Speedway for race-day license seizures

July 2, 2013
IL Staff
More than 80 taxi cab drivers have sued the town of Speedway for allegedly seizing their licenses when they attempted to pick up fares after the Indianapolis 500 on May 26.
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BMV reduces license costs that generated class-action suit

June 28, 2013
Dave Stafford
Indiana driver’s licenses will be $3.50 less expensive, the Bureau of Motor Vehicles announced Friday in a change taking immediate effect.
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Lauren Spierer’s parents sue 3 in daughter’s disappearance

June 27, 2013
Dave Stafford
The parents of missing Indiana University student Lauren Spierer have asked the federal court in Indianapolis for a civil jury trial in a lawsuit against students believed to have last been with her before her disappearance two years ago.
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Lawyer’s suit alleging malicious prosecution, emotional distress may proceed

June 26, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the decision by a federal court in Indianapolis that dismissed a Muncie criminal defense attorney’s lawsuit against the United States for malicious prosecution and intentional infliction of emotional distress. Michael Alexander brought the suit after he was acquitted on charges of bribery in 2009.
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SCOTUS sends affirmative-action case back to 5th Circuit

June 24, 2013
Jennifer Nelson
A lawsuit claiming that a Texas university's consideration of race in its admissions practices violates the Equal Protection Clause has been sent back by the Supreme Court of the United States to the 5th Circuit Court of Appeals. In its ruling on the suit filed by a Caucasian woman denied admission in 2008, the justices did not strike down the use of affirmative action by the university.
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Indiana justices to rule on Evansville smoking ban

June 24, 2013
Jennifer Nelson
The Indiana Supreme Court accepted two cases last week for transfer, a pair of rulings from Vanderburgh County on the city of Evansville’s ordinance prohibiting smoking in certain places.
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Justices: Excluding expert witness was error by trial court

June 24, 2013
Jennifer Nelson
Four Indiana justices Friday held that a Montgomery Superior judge erred when he struck the plaintiff’s expert witness in a medical malpractice lawsuit and dismissed the suit under Indiana Trial Rules 37(B) and 41(E).
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Injured man who sued estate can only recover insurance policy limits

June 21, 2013
Jennifer Nelson
A man who was injured in an auto accident with a woman who died the following year cannot recover any funds from her estate, the Indiana Court of Appeals ruled. But the trial court didn’t err in denying the estate’s motion to amend the jury award, because it is a valid judgment despite that the man can only recover funds available under the policy limits of the woman’s insurance policy.
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Summary judgment affirmed for casino in collapsing chair suit

June 21, 2013
Jennifer Nelson
The manufacturer of a chair that came down on a patron’s leg as she sat on it appealed the denial of its summary judgment on the woman’s complaint, arguing the northern Indiana casino shouldn’t have been granted summary judgment. The Indiana Court of Appeals affirmed Friday, but ordered more proceedings on Horseshoe Casino’s third-party complaint against Gasser Chair Co.
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Lawsuit seeks impartial decision-maker in license plate dispute

June 19, 2013
Jennifer Nelson
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of the Indiana Youth Group challenging the authority of the state’s Bureau of Motor Vehicles to issue an order of remand on its administrative law judge’s order to restore the LGBT youth group’s specialty license plate.
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Dismissal of Navistar workers’ complaint upheld by 7th Circuit

June 18, 2013
Jennifer Nelson
A group of unionized workers laid off by an Indianapolis engine plant who brought an action for breach of the collective-bargaining agreement didn’t provide enough factual content in their complaint to allow it to proceed in court, the 7th Circuit Court of Appeals ruled Tuesday.
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Trial court errs in granting motion regarding doctors’ contract dispute

June 18, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found that a cardiologist’s breach of contract complaint may have been “unartfully drafted,” but it still adequately stated a claim for tortious interference with a contract.
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ACLU of Indiana files class-action lawsuit against FSSA for changes to Medicaid waiver programs

June 17, 2013
Marilyn Odendahl
The ACLU of Indiana has slapped the Indiana Family and Social Services Administration with a class-action lawsuit over the way the state agency operates two of its Medicaid waiver programs.
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Appeals court reinstates proposed med mal complaint

June 12, 2013
Jennifer Nelson
Finding that a Hendricks County court didn’t have jurisdiction to dismiss a man’s proposed complaint for damages under Trial Rule 41(E) or based on noncompliance under the Medical Malpractice Act, the Indiana Court of Appeals Wednesday reinstated the proposed complaint.
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Judges: Integration clause doesn’t preclude introduction of parol evidence

June 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals held Tuesday that in the absence of a factual inquiry, the mere presence of an integration clause doesn’t preclude a party from introducing parol evidence that it was fraudulently induced to enter into the agreement as a whole. The decision came in a dispute involving a settlement agreement that one party sought to invalidate based on claims of fraudulent inducement.
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Judges order more proceedings in low-income apartment tax credit case

June 10, 2013
Jennifer Nelson
Because there are genuine issues of material fact regarding claims made against apartment management company Flaherty & Collins in a complaint alleging fraud and other charges dealing with renting apartments to people who did not qualify based on income requirements, the Indiana Court of Appeals ordered more proceedings on the case.
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Defendant in trial over concert hall defects tries to halt repairs

June 7, 2013
Andrea Muirragui Davis
Attorneys for the Michigan contractor being sued over construction defects at Carmel’s Palladium concert hall have asked a Hamilton County court to halt repair work immediately to preserve evidence in the case.
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Convenience store association says cold beer ban discriminatory

June 5, 2013
Marilyn Odendahl
Along with the usual reasons including giving consumers more options, providing price competition and sparking new investment in the state, Indiana convenience store owners have added a new argument to their push to sell cold beer – it’s their constitutional right.
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Lawsuit claims Indiana’s high-risk insurance pool hoards cash

June 5, 2013
Dave Stafford
Health care providers who’ve been rejected by private malpractice writers turn to a state-run insurer that typically charges two to three times more for coverage. A class-action lawsuit claims the high-risk pool owes its policyholders a $31 million surplus.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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