Litigation

Judges order consideration of discovery demands

January 24, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.
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Southern District rules amended

December 21, 2010
IL Staff
Several Local Rules of the United States District Court for the Southern District of Indiana have been amended. The changes are effective Jan. 1.
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COA reverses ruling in right of contribution case

November 17, 2010
Jennifer Nelson
The Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for failing to contribute to guarantee payments.
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Judge denies summary judgment in legal malpractice suit

November 11, 2010
Jennifer Nelson
A federal judge denied summary judgment for an attorney and his law firm on legal malpractice and other claims, ruling the defendants failed to present a coherent argument to support summary judgment.
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Northern District Local Rules amended

November 11, 2010
IL Staff
Four local rules have been amended in the U.S. District Court of Indiana, Northern District. Changes have been made to Local Rule 7.1, Motion Practice; Length and Form of Briefs; L.R. 56.1 Summary Judgment Procedure; L.R. 200.1, Bankruptcy Cases and Proceedings; and Appendix C, Notice to Pro Se Litigant.
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SCOTUS mulling the future of class-action suits

November 9, 2010
Michael Hoskins
Defense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case that some say could spell the end to class-action lawsuits in the name of contractual arbitration.
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COA upholds denial of post-conviction relief

November 3, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.
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Attorney sues condo developer over accessibility

October 19, 2010
Cory Schouten
A resident of the 3Mass condo development who uses an electric wheelchair is suing the developers for failing to provide handicap accessibility to a rooftop terrace overlooking downtown Indianapolis.
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Justices order new trial to determine fault in Ford rollover suit

October 14, 2010
Jennifer Nelson
The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.
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Medicaid applications review policy doesn't violate federal law

July 21, 2010
Jennifer Nelson
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled today.
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Mom sues over girls' high school basketball schedule

July 21, 2010
Jennifer Nelson
A Franklin County mother is suing the Indiana High School Athletic Association and multiple school districts claiming discrimination against the girl’s basketball team based on when the girls play their games.
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Inlow heirs accuse Fifth Third, Hall Render of fraud

July 15, 2010
J.K. Wall
A bitter battle between the heirs of former Conseco Inc. executive Lawrence Inlow and the bank and attorneys overseeing his estate will get a hearing Friday in Hamilton County Court.
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Attorneys say ruling confuses discovery regarding expert materials

May 26, 2010
Michael Hoskins
A liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own metaphorical explosion of discovery disputes.
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Jury awards NW Indiana couple $48 million

December 15, 2008
IL Staff
A Lake County jury awarded a couple $48 million for injuries the man sustained after a workplace accident.
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COA: Award fees for litigation costs

October 9, 2008
Jennifer Nelson
The Indiana Court of Appeals instructed a trial court today to follow its guidance on remand to determine the amount of money to award to a man who wants to recover fees for litigation at the trial and appellate levels. The court hopes to avoid another appeal of the case.
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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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