lawsuit

Lawsuits say Munster cardiologist inserted unneeded defibrillators

May 9, 2014
Dave Stafford
A Lake County cardiologist sued for performing surgeries to insert heart defibrillators that two patients say they didn’t need may have performed other such unnecessary procedures, attorneys say.
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Court finds man abandoned shareholder derivative claim

May 8, 2014
Jennifer Nelson
Because a man “expressly and unambiguously” abandoned his shareholder derivative claim when responding to a court demand to specify his legal claims, he cannot now assert that claim on appeal, the Indiana Court of Appeals ruled.
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Same-sex plaintiffs argue the governor enforces marriage statute

May 5, 2014
Marilyn Odendahl
Plaintiffs in Love v. Pence, the first lawsuit filed in March challenging Indiana’s ban on same-sex marriage, filed their response to the state’s motion to dismiss their complaint, arguing the governor has the power to order county clerks to issue marriage licenses.
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Camm seeking damages for wrongful incarceration

May 5, 2014
Marilyn Odendahl
David Camm, the former Indiana State Police officer who served 13 years in prison before being acquitted of murdering his wife and two young children, is striking back at those who accused him.
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Court hears arguments in same-sex marriage case

May 2, 2014
Marilyn Odendahl
A same-sex couple fighting to have Indiana recognize their marriage returned to court Friday to convince a judge the state’s ban on same-sex marriage is unconstitutional.
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Motions in marriage lawsuits attack non-recognition of same-sex unions

April 23, 2014
Marilyn Odendahl
Claiming they have a fundamental right to marry, same-sex couples married outside of Indiana have filed separate motions asking the court to grant summary judgment in favor of their challenges to Indiana’s marriage law.
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Employee defection sparks battle between brokerages

April 17, 2014
Chris O'Malley, IBJ Staff
Hylant Group says a former worker in its Carmel offices broke a non-compete agreement and poached clients for his new insurance-brokerage gig in Indianapolis.

 
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Body shops sue insurers, allege push to drive down prices

April 14, 2014
Chris O'Malley, IBJ Staff
In a federal lawsuit, 14 Indiana shops accuse State Farm Insurance and competitors of extracting “unreasonable and onerous” concessions on vehicle repair costs.
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Judge grants temporary restraining order in same-sex marriage suit

April 10, 2014
Marilyn Odendahl
A same-sex couple’s plea that Indiana recognize their marriage was granted Thursday by a federal judge in Evansville, a significant ruling in one of the five separate lawsuits that are challenging the state’s ban on same-sex marriage.
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8 more claim abuses in suspended Clark County drug court

April 9, 2014
Eight new plaintiffs have been added to a federal civil-rights lawsuit claiming officials involved in Clark County’s suspended drug court program jailed participants for months without due process, conducted improper searches and made unauthorized arrests.
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Councilor: ACLU settlement won't deter panhandling proposal

April 9, 2014
Kathleen McLaughlin, IBJ Staff
The city of Indianapolis reached a settlement with the American Civil Liberties Union over enforcement of its panhandling ordinance, but that won't deter a City-County Council effort to pass a more restrictive law, a councilor said Wednesday morning.
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Attorney sues hundreds over use of city skyline picture

April 9, 2014
Dave Stafford
They say a picture is worth a thousand words. Attorney Richard Bell says his picture of the Indianapolis skyline is worth $1,500 or so if you’ve posted it on your website without first paying him to license it.
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Hearing on motion for TRO on marriage statute Thursday

April 7, 2014
Marilyn Odendahl
The multiple challenges to Indiana’s ban on same-sex marriage are picking up steam with the federal court scheduling arguments regarding a temporary restraining order and the state filing a motion to dismiss one of the lawsuits.
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Former JA boss loses defamation appeal naming FedEx, 500 Festival

April 3, 2014
Dave Stafford
The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.
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Same-sex couple’s bid for recognition expedited due to grave illness

April 2, 2014
Dave Stafford
The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.
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5 lawsuits keep marriage debate alive in Indiana

March 26, 2014
Marilyn Odendahl
The attorney general says he will defend the Indiana Defense of Marriage Act unless the Supreme Court of the United States rules otherwise.
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Palladium construction lawsuits costing panel millions

March 26, 2014
Andrea Muirragui Davis
The cash-strapped Carmel Redevelopment Commission has spent more than $6 million since 2009 “responding to, defending and settling” legal claims from contractors involved in construction of the city’s Palladium concert hall, according to filings in Hamilton Superior Court – and the meter is still running.
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Indiana among 20 states joining ‘Four Loko’ settlement

March 25, 2014
IL Staff
A maker of caffeinated alcoholic beverages including such brands as “Four Loko” accused of marketing its products to promote the misuse of alcohol and appeal to underage drinkers has settled a complaint brought by New York Attorney General Eric Schneiderman and joined by 19 other state attorneys general, including Indiana’s Greg Zoeller.
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Court won’t seal evidence in Spierer civil suit

March 21, 2014
Dave Stafford
Evidence in the federal civil suit against the last people believed to have seen missing Indiana University student Lauren Spierer may not be covered by a broad order shielding exhibits and testimony from public view.
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Challenges to Indiana’s same-sex marriage ban piling up in federal court

March 14, 2014
Marilyn Odendahl
The American Civil Liberties Union of Indiana Friday filed a lawsuit in federal court challenging the state’s ban on same-sex marriage, becoming the third such complaint lodged against Indiana in a week.
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7th Circuit orders judge to reconsider dismissal of prisoner’s suit

March 14, 2014
Jennifer Nelson
Finding that a District Court judge should have tried to learn why an inmate had not paid his initial filing fee on a lawsuit before the judge dismissed it for nonpayment, the 7th Circuit Court of Appeals ordered the lower court to take another look at the case.
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Court properly denied dentist’s petition for judicial review

March 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a dentist’s petition for judicial review of a decision by the State Board of Dentistry which found he violated Indiana Code after a patient’s wisdom teeth surgery.
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Judges reverse summary judgment in collision case

March 13, 2014
Jennifer Nelson
It should be up to a judge or jury to determine whether a driver’s distance in relation to the vehicle in front of him had any impact on a collision between the driver and another vehicle on Interstate 65.
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Justices uphold order criminal defendant answer civil complaint

March 13, 2014
Jennifer Nelson
The Indiana Supreme Court Wednesday found a Lake Superior judge did not abuse her discretion in ordering a man criminally charged for the hit-and-run death of a woman to respond to her estate’s wrongful death complaint filed against him.
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7th Circuit rejects lawsuit on insurer’s use of in-house counsel

March 12, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Tuesday agreed that a woman’s lawsuit against State Farm Mutual Automobile Insurance Co. should be dismissed because state law creates no obligation for an insurer to provide advance notice to an insured that it uses in-house counsel to defend its policyholders.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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