lawsuit

Foreclosure suit alleges landscaping firm affiliate owes more than $6M on loan

January 20, 2017
Scott Olson, IBJ Staff
An affiliate of Indiana landscaping firm Mainscape Inc. has been hit with a foreclosure lawsuit claiming it owes more than $6 million on a building it owns in Indianapolis.
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Former COO of health firm claims discrimination in firing

January 20, 2017
John Russell, IBJ Staff
A former executive at an Indianapolis-based chain of health clinics says he was fired because of his age, race and national origin, and in retaliation because he stood up for one of his female managers.
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Consumer agency accuses Navient of 'systematically' cheating borrowers

January 19, 2017
 Bloomberg News
Navient Corp. has been sued by a U.S. regulator over allegations that the student loan giant “systematically” cheated borrowers.
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Bankruptcy trustee appears poised to sue former ITT brass

January 16, 2017
Greg Andrews, IBJ Staff
ITT Educational Services Inc.’s bankruptcy trustee has launched a no-holds-barred investigation into the defunct company’s business practices—a move that appears likely to pave the way for her to sue former officers and directors, including CEO Kevin Modany and Chief Financial Officer Kevin Fitzpatrick.
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BLE members dismissed from suit challenging notice, bar exam constitutionality

January 16, 2017
Olivia Covington
A federal judge has declined to hear a recent law school graduate’s case against the members of the Indiana Board of Law Examiners, citing precedent that requires federal courts to abstain to from hearing certain ongoing state proceedings. But the judge did require the state to respond to the plaintiff’s claims that portions of the bar exam are unconstitutional.
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Takata to pay $1B, plead guilty in US air bag probe

January 16, 2017
 Bloomberg News
Takata Corp. admitted to hiding the deadly risks of its exploding air bags for about 15 years in an agreement to pay U.S. regulators, consumers and car manufacturers $1 billion in penalties. The faulty air bags have been linked to at least 17 deaths worldwide.
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Couple who claim bank's actions led to their divorce lose appeal

January 11, 2017
Jennifer Nelson
An Indiana attorney and her ex-husband couldn’t convince the 7th Circuit Court of Appeals that a bank violated the Real Estate Settlement Procedures Act with regards to an errant insurance payment and that alleged error led to their divorce and caused $300,000 in damages.
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Lawsuits over Trump business threaten to tie up presidency

January 11, 2017
 Associated Press
As a businessman, Donald Trump has kept the courts busy. That's hardly likely to change when he enters the Oval Office, creating an unusual and potentially serious problem for a sitting president.
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USA Gymnastics faces another suit over alleged sex abuse by doctor

January 11, 2017
 Associated Press
A doctor accused of sexually abusing gymnasts was sued Tuesday by 18 women and girls, the latest legal action over alleged assaults, mostly at his clinic at Michigan State University.
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COA considers liability in sheriff’s office suicide case

January 10, 2017
Olivia Covington
After the wife of a Harrison County sheriff’s deputy killed herself with her husband’s gun while he was off duty, the sheriff’s office and her estate began debating a single question: was the deputy acting in the line of duty when his wife committed suicide?
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Divided COA rules in favor of Pence in public records case

January 9, 2017
Olivia Covington
The Indiana Court of Appeals has upheld a trial court decision finding that former Indiana Gov. and Vice President-elect Mike Pence did not violate open records laws when he redacted and withheld certain documents related to his decision to join a Texas lawsuit challenging federal executive orders on immigration.
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Neighbors sue to block $23M College Avenue development

January 9, 2017
Scott Olson
Neighbors of the site where a local developer plans to build a $23 million apartment and retail project along North College Avenue are seeking to stop the controversial project by taking legal action.
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Hustler Hollywood sues Indianapolis over zoning roadblocks

January 6, 2017
Susan Orr, IBJ Staff
Hustler Hollywood, which wants to open a retail store in Castleton, is suing the city of Indianapolis over a zoning denial that the company says is infringing on its constitutional right to operate a business.
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Coca-Cola, ABA accused of tobacco-like deception in lawsuit

January 5, 2017
 Bloomberg News
Coca-Cola Co. was sued by activists who compare the beverage giant’s advertising tactics to the tobacco industry’s past efforts in minimizing the health effects of its products and targeting children to replenish the ranks of its customers.
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Indianapolis doctor wins defamation judgment against CVS

January 4, 2017
Dave Stafford
An Indianapolis physician whose patients were told at multiple CVS pharmacies that their prescriptions couldn’t be filled because the doctor had been arrested or was suspected of running a pill mill won a defamation judgment against the drugstore chain.
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Gary councilwoman challenges accusations of law violation

January 4, 2017
 Associated Press
A city councilwoman has filed a lawsuit to keep her second job as an employee of the Gary Sanitary District.
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Owners of flooded house lose appeal in suit against Valparaiso

January 3, 2017
Jennifer Nelson
A couple whose home near a water retention and detention facility was flooded in 2008 when the city of Valparaiso experienced a 200-year storm are not able to assert a private cause of action under Indiana’s Flood Control Act, the Indiana Court of Appeals affirmed Friday.
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Facebook post costs woman chance to pursue lawsuit

December 28, 2016
 Associated Press
A Facebook post has cost a woman her chance at pursuing a civil lawsuit against doctors who misdiagnosed her Lyme disease as multiple sclerosis.
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UVa administrator urges judge to keep Rolling Stone verdict

December 28, 2016
 Associated Press
Attorneys for a University of Virginia administrator are urging a federal judge not to overturn a jury's verdict against Rolling Stone magazine for its botched story "A Rape on Campus."
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Ex-Supreme Court employee suing high court for discrimination, retaliation

December 28, 2016
Olivia Covington
A former Indiana Supreme Court employee is suing the state’s highest court for alleged ongoing disability discrimination and retaliatory actions.
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Summary judgment in favor of New Castle prison employees reversed

December 27, 2016
Olivia Covington
An Indiana inmate can continue his case against prison officials he said prohibited him from bringing his case before the U.S. Supreme Court after the Indiana Court of Appeals decided Tuesday that summary judgment in favor of the officials was erroneous.
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East Chicago residents face opposition to intervene in court

December 27, 2016
 Associated Press
Federal officials say court proceedings aren't the proper place for residents of an East Chicago neighborhood that's contaminated with lead and arsenic to voice their concerns.
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Nokia sues Apple to escalate mobile-patent licensing battle

December 22, 2016
 Bloomberg News
Nokia Oyj sued Apple Inc. saying the iPhone maker infringed several mobile patents, turning simmering tension between the companies into a bitter public  legal battle on multiple fronts.
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ABA lawsuit targets changes to loan forgiveness program

December 21, 2016
IL Staff
Public sector attorneys hoping to have some of their student loans erased could find out they owe more money than they previously thought.
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3 Pulse families sue social media, alleging aid for IS

December 20, 2016
 Associated Press
Families of three patrons killed in the Orlando nightclub massacre are suing Facebook, Google and Twitter, claiming the gunman who killed their loved ones was radicalized through propaganda found through social media.
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  1. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  2. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  3. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  4. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  5. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

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