lawsuit

COA modifies punitive damages award

October 14, 2015
Jennifer Nelson
The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.
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Billboard company suing city over digital sign ban

October 12, 2015
Scott Olson, IBJ Staff
A local billboard firm is suing the city of Indianapolis, claiming a recent Supreme Court of the United States decision makes the city's sign ordinance unconstitutional.
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Lawsuit wants plans mandated for dealing with big oil spills

October 8, 2015
 Associated Press
An environmental group sued the federal government Thursday, contending it gives pipeline owners and operators a free pass on developing legally required plans for dealing with oil spills into lakes, rivers and other inland waterways.
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Johnson County judges, public defenders sued for ‘systemic’ problems

October 8, 2015
Dave Stafford
People who’ve been arrested in Johnson County are taking the unusual step of filing a class-action lawsuit against the county, judges and public defenders there, claiming they have not been represented by an underfunded and overburdened public defender system.
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Delta sues Indy-based airline over canceled flights

October 8, 2015
 Associated Press
Delta Air Lines Inc. is suing Republic Airways Holdings Inc., claiming that the regional airline company failed to fly some Delta Connection flights.
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Lawsuit takes on Indiana's right-to-farm laws

October 7, 2015
Jeff Newman, IBJ Staff
The Hoosier Environmental Council has filed a lawsuit on behalf of a pair of Hendricks County families who say they face “intolerable living conditions” created by odors coming from a nearby 8,000-hog farm that opened two years ago.
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Clark County drug court wrongly jailed 63, order says

September 30, 2015
Dave Stafford
A southern Indiana drug treatment court unjustly jailed scores of program participants for an average time of almost seven weeks. The detentions are detailed in a magistrate judge’s proposed order to certify classes in a federal civil rights lawsuit former drug court participants filed against an ex-judge and other officials.
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Company’s recordings not considered ‘publication’

September 29, 2015
Jennifer Nelson
An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.
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Lawsuit: College prep company is insolvent, owes millions

September 29, 2015
 Associated Press
A credit union that holds loans on thousands of prospective college students is suing an Indianapolis-based college test preparation company, alleging that it owes it more than $12 million.
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Lawsuit alleges Crown Hill illegally solicited people in hospitals, care facilities

September 28, 2015
Dave Stafford
Indiana’s largest cemetery illegally made direct solicitations to people in hospitals, mental health facilities and other care settings, alleges a class-action lawsuit  filed Monday in Indianapolis.
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Court: Policy required notice to title insurance company

September 28, 2015
Jennifer Nelson
A Greensburg couple who received two legal notices that their home was going into a tax sale never notified their title insurance company about the issue, which doomed their lawsuit. The Indiana Court of Appeals upheld summary judgment in favor of the title insurer.
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Gary airport tenant sues airport authority, private operator

September 28, 2015
 Associated Press
A tenant at the Gary/Chicago International Airport is suing the airport authority and its private operator, alleging that they "unilaterally" quadrupled its rent.
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Judge dismisses lawsuit challenging Indiana Nativity display

September 25, 2015
Jennifer Nelson
A federal judge has granted the motion to dismiss a lawsuit brought last year challenging a Nativity scene erected annually outside the Franklin County courthouse.
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Split decision: Bicyclist killed by driver can’t sue insurer

September 18, 2015
Dave Stafford
A bicyclist killed by an unlicensed motorist who took her boyfriend’s truck without his permission may not seek damages against the company that insured the truck’s owner, the Indiana Court of Appeals ruled Friday.
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Final defendant in state fair stage collapse suit dismissed

September 16, 2015
 Associated Press
A security company named in a class-action lawsuit filed by victims of the deadly 2011 Indiana State Fair stage collapse has become the final defendant dismissed from that case.
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Attorney fees award was reasonable, COA rules

September 16, 2015
Marilyn Odendahl
After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.
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Pool appeal sinks Carmel homeowner deeper underwater

September 14, 2015
Dave Stafford
A Carmel homeowner who stopped paying a contractor over quibbles with an in-ground pool installation filed a lawsuit that flopped at the trial court. His appeal went no more swimmingly.
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Lawsuit: IMPD officers fatally shot unarmed man

September 10, 2015
Dave Stafford
The family of an Indianapolis man fatally shot by police sued the city and numerous other defendants Thursday in a civil rights lawsuit claiming he was unarmed, unjustifiably shot in the back, and the victim of a police cover-up.
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Diocese appeals $403K award to former Fort Wayne teacher

September 10, 2015
 Associated Press
The Roman Catholic Diocese of Fort Wayne-South Bend has appealed a judgment of more than $403,000 to be paid to a former language arts teacher who was fired after seeking several in vitro fertilization treatments.
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COA resurrects lawsuit against Ford Motor Co.

September 9, 2015
Marilyn Odendahl
Although an expert did run additional tests after the discovery deadline, the Indiana Court of Appeals found the wholesale exclusion of his testimony was too severe and is allowing a lawsuit against Ford Motor Co. to continue.
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Councilman sues South Bend for not defending him in lawsuit

September 4, 2015
 Associated Press
A South Bend city council member is suing the city for not defending him in a libel case involving a wiretapping investigation.
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JPMorgan Chase settles suit over Christ Church trust accounts

September 3, 2015
 Bloomberg News, IBJ Staff
JPMorgan Chase & Co. has settled a lawsuit accusing it of mismanaging the trust accounts of Christ Church Cathedral, the historic Monument Circle church endowed by descendants of drug company founder Eli Lilly.
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ACLU of Indiana challenges state law banning ballot photos

August 28, 2015
 Associated Press
The American Civil Liberties Union of Indiana is challenging a new state law that prohibits voters from photographing their ballots and sharing those images on social media.
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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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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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