lawsuit

7th Circuit affirms ruling but rejects rationale

August 27, 2015
Marilyn Odendahl
Although it agreed with the decision to toss the testimony of three experts, the 7th Circuit Court of Appeals cautioned the District Court about blanket assertions.
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Indiana justices hear dispute over '0INK' vanity plate

August 27, 2015
 Associated Press
A state lawyer argued Indiana’s Bureau of Motor Vehicles has the right to reject offensive messages sought on personalized license plates because every license plate has some government speech on it.
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Business owner ordered to pay $643K for securities fraud

August 26, 2015
J.K. Wall
Indianapolis businessman Timothy E. Cook and two businesses he controlled must pay nearly $643,000 for defrauding investors, according to a ruling Monday by a federal court judge.
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Fencer injured while watching bout loses negligence appeal

August 26, 2015
Dave Stafford
A college fencer who suffered a severe eye injury while she stood in the area reserved for participant spectators failed to convince an Indiana Court of Appeals panel to reinstate a negligence suit she filed against two sports sanctioning bodies.
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Prisoner’s Zantac lawsuit gives federal judges heartburn

August 26, 2015
Dave Stafford
An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.
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District Court too heavy-handed in judgment, 7th Circuit rules

August 24, 2015
Marilyn Odendahl
A $2.7 million judgment in a messy dispute between a supplier and a now defunct furniture manufacturer has been overturned by the 7th Circuit Court of Appeals, which called the award “too heavy a sanction.”
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Law barring convicted sex offenders from schools challenged

August 21, 2015
 Associated Press
An Indiana man is challenging a new state law that bars certain convicted sex offenders from entering schools, arguing it can impair the right to vote.
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Andy Mohr Truck Center wins $6.5M judgment against Volvo

August 21, 2015
IBJ Staff
A federal jury has slapped Volvo Trucks North America with a $6.5 million judgment, a stinging rebuke of its business dealings with Andy Mohr Truck Center, the franchisee the Swedish company signed on in 2010 to grow its market share here.
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Prisoner’s Zantac lawsuit gives federal judges heartburn

August 20, 2015
Dave Stafford
An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.
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Unpaid student loan splits 7th Circuit

August 19, 2015
Marilyn Odendahl
A 7th Circuit Court of Appeals panel has split with each judge writing a separate opinion about a lawsuit brought by a student who defaulted on her school loans and then sued when the lending agency tacked on collection costs.
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AG seeking restitution over alleged Warsaw schools kickbacks

August 18, 2015
 Associated Press
Indiana Attorney General Greg Zoeller is seeking nearly $1 million in restitution from a former northern Indiana school district official and a business owner who were charged with an illegal kickback scheme.
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Mom loses appeal against Planned Parenthood

August 17, 2015
Dave Stafford
A mom who sued Planned Parenthood after her 17-year-old daughter used another person’s ID and posed as an 18-year-old to get an abortion has no private cause of action to enforce abortion statutes. Planned Parenthood also owed no duty to the mother under the circumstances, the Indiana Court of Appeals ruled Monday.
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Third lawsuit filed in Medical Informatics data hack

August 13, 2015
 Associated Press
A third lawsuit seeking class-action status has been filed against a Fort Wayne-based medical software company over a data breach involving patient information.
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Judge rules Indiana lawmakers can keep emails private

August 12, 2015
 Associated Press
A judge has ruled that the Indiana House of Representatives can keep private a lawmaker's emails and other correspondence with utility company officials about proposed legislation.
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Judge: Reinstate officer fired after Indiana inmate's death

August 12, 2015
 Associated Press
A judge has ordered the northwest Indiana city of Lake Station to reinstate a police officer who was fired following accusations he didn't seek medical help for an inmate who later died.
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Indianapolis panel overreached in adopting Millersville Plan

August 12, 2015
Dave Stafford
A landowner has successfully challenged the Indianapolis Metropolitan Development Commission’s adoption of a plan that reduced potential residential development on 21 acres in the northeast-side community of Millersville.
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Insurer off hook in Indy strip club shooting

August 12, 2015
Dave Stafford
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
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Eli Lilly wins first trial over antidepressant ‘brain zaps’

August 10, 2015
 Bloomberg News
Eli Lilly and Co. isn’t liable for withdrawal symptoms including so-called brain zaps experienced by a woman after she quit the antidepressant Cymbalta, a federal jury said.
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Feds detail why they want Armstrong medical records

August 10, 2015
 Associated Press
The federal government says it wants Lance Armstrong’s medical records from his 1996 cancer treatments because they could prove just how far he was willing to go to conceal performance-enhancing drug use from the public and his sponsors.
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Indiana medical company sued over data breach

August 7, 2015
 Associated Press
Two lawsuits have been filed in federal court in Fort Wayne seeking class-action status on behalf of patients who have had their data compromised by Medical Informatics Engineering.
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Failure to read contract no protection against liability

August 6, 2015
Marilyn Odendahl
A coal mine superintendent failed to convince the Indiana Court of Appeals that he should not be held liable because he did not understand the contract he signed.
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Long wait for cold beer decision not unusual

August 5, 2015
Marilyn Odendahl
Waiting nearly eight months for a cold beer would likely send thirsty Hoosiers across state lines for refreshment. But waiting this long for the 7th Circuit Court of Appeals to decide whether Indiana’s alcohol laws are constitutional is no reason to switch to liquor.
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St. Joe County to pay $270K for not holding prompt hearings

August 5, 2015
 Associated Press
St. Joseph County in northern Indiana has agreed to pay $270,000 to settle a federal class-action lawsuit that accuses the county of failing to provide those arrested with probable cause hearings within 48 hours, the South Bend Tribune reported.
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Government demands Lance Armstrong's records from IU

August 5, 2015
 Associated Press
The federal government wants to see Lance Armstrong's medical records from his treatments for cancer.
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Strip club must face suit of pedestrian hit by drunk waitress

August 5, 2015
Dave Stafford
A pedestrian severely injured when he was struck by a strip club waitress driving home from work may proceed with a civil lawsuit against the Indianapolis club that furnished her free alcohol, the Indiana Court of Appeals affirmed Wednesday.
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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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