lawsuit

COA upholds award of attorney fees but orders damages amount reduced against construction company

February 27, 2013
Jennifer Nelson
A claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was made by an employee of the company being sued more than two years before the suit was filed.
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Circuit Court rules utility contract falls in state jurisdiction

February 22, 2013
Marilyn Odendahl
A dispute between a power generator and an electricity wholesaler should be heard in the state court, the 7th Circuit Court of Appeals ruled after finding the central issues did not arise under federal law.
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Insurance policy’s one-year limitation period voided

February 20, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.
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Decision could come soon on Don Marsh severance claim

February 18, 2013
Scott Olson
Don Marsh shouldn’t have to wait long to find out if he can collect his entire $4 million severance or whether he’ll have to return the portion he’s already received from Marsh Supermarkets Inc.
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Indiana farmer’s case goes before the SCOTUS Tuesday

February 18, 2013
IL Staff
U.S. justices will hear arguments Tuesday morning in the lawsuit brought by Monsanto Co. against Knox County farmer Vernon Hugh Bowman alleging patent infringement.
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Jury to begin deliberating in Don Marsh trial

February 15, 2013
Scott Olson
A jury is expected to begin deliberating Friday afternoon whether Don Marsh owes Marsh Supermarkets Inc. more than $3 million in personal expenses he allegedly charged the company while he was CEO.
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Witnesses: Don Marsh’s expenses never questioned

February 14, 2013
Scott Olson
Lawyers for Don Marsh continue to hammer home their claims that the former supermarket CEO's expenses for lavish travel were widely accepted as normal business costs.
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Judges interpret Probate Code statute in favor of bank

February 13, 2013
Jennifer Nelson
Finding that a bank did not receive proper notice in order to file a claim against an estate, the Indiana Court of Appeals reversed summary judgment in favor of the estate of Samuel Tolley on the bank’s two claims.
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David Marsh defends trips he took at company's expense

February 13, 2013
Scott Olson
Don Marsh's son David, who served under his father as president of Marsh Supermarkets Inc, traveled widely, often on the company jet, just as his father did.
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Sun Capital execs 'shocked' by Marsh financials

February 12, 2013
Scott Olson
Any feelings of satisfaction that executives of Sun Capital Partners had after completing its acquisition of Marsh Supermarkets Inc. quickly turned to “shock and surprise,” a managing director of the private-equity firm told jurors Tuesday.
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Marsh pilot says he flew former CEO to see mistresses

February 11, 2013
Scott Olson
Don Marsh’s personal pilot told jurors Monday morning that he ferried the former CEO of Marsh Supermarkets Inc. to New York City at least twice a month in a year’s span to visit one of his mistresses.
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Former Marsh CFO sought out bankruptcy lawyers

February 8, 2013
Scott Olson
A former top executive of Marsh Supermarkets Inc. became so concerned about the company’s deteriorating finances less than a decade ago that he took the desperate step of meeting with bankruptcy lawyers.
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Marsh defense: Travel was integral to company success

February 7, 2013
Scott Olson
Without membership in certain international business organizations, Don Marsh says he could not have built his grocery chain into a billion-dollar company.
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District judge incorrectly dismissed prisoner’s suit for length and unintelligibility

February 7, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals ordered U.S. Judge William T. Lawrence to take another look at a federal prisoner’s Bivens lawsuit against prison staff and other unnamed defendants, finding that the lawsuit is actually written clearly and not as long as the judge believed when dismissing it.
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Mishawaka man sues Walgreens over alleged violation of 'guns in workplace' laws

February 7, 2013
Jennifer Nelson
A former Walgreens store employee plans to file a lawsuit Thursday in St. Joseph County alleging the company fired him for lawfully carrying his gun into another Walgreens location where his wife worked.
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Marsh: Company code of conduct didn’t apply to him

February 6, 2013
Scott Olson
Don Marsh continued to use the company jet for personal reasons even after Marsh Supermarkets Inc. adopted a code of conduct to discourage financial fraud within the company, a lawyer for the supermarket chain alleged Wednesday morning in an Indianapolis courtroom.
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State to get $1.6M in ‘robo-signing’ settlement

February 4, 2013
IL Staff
Indiana will receive more than $1.6 million from a Florida-based company after agreeing to settle claims that it fraudulently “robo-signed” mortgage-related documents. Indiana Attorney General Greg Zoeller announced the settlement Friday, which is part of a $120 million multi-state settlement with Lender Processing Services Inc.
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7th Circuit reverses dismissal of prisoner’s suit

February 1, 2013
Jennifer Nelson
A lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.
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Fraudulent concealment tolls Wrongful Death Act’s limitations period

January 31, 2013
Jennifer Nelson
The Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of first impression.
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Husband’s settlement proceeds should be included in marital pot

January 31, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds from an action against his former employer as a marital asset when he and his wife divorced.
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COA rules in favor of grandchildren in will dispute

January 24, 2013
Jennifer Nelson
The Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively receive a one-third share in the acreage.
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Appeals court upholds dismissal of Star appeal on rehearing

January 18, 2013
Jennifer Nelson
The Indiana Court of Appeals granted The Indianapolis Star’s request for rehearing regarding the court’s decision to dismiss the newspaper’s appeal of a discovery order, but the court once again voted 2-1 to dismiss the appeal.
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Judge dismisses federal right-to-work challenge

January 18, 2013
Jennifer Nelson
A U.S. District judge has dismissed a lawsuit filed in Hammond by a labor union challenging the state’s right-to-work law for failure to state a claim upon which relief can be granted. Chief Judge Philip P. Simon in the Northern District of Indiana did allow two counts claiming the law violates the Indiana Constitution to proceed in state court.
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AG argues contempt warranted in East Chicago suit

January 16, 2013
Dave Stafford
After seven years, there still has been no discovery on $16 million in casino revenue funneled to East Chicago Second Century.
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Plank failed to preserve claim med mal cap is unconstitutional

January 15, 2013
Jennifer Nelson
The Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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