lawsuit

Judge sets hearing on bid to block new Indiana abortion law

May 4, 2016
 Associated Press
A federal judge has set a hearing to consider Planned Parenthood's bid to block a new Indiana law that bans abortions sought because of genetic abnormalities.
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University of Louisville students' lawsuit against escort dismissed

May 4, 2016
 Associated Press
A Louisville judge has dismissed a lawsuit by University of Louisville students filed against Katina Powell that said the escort's book allegations of sex parties at the men's basketball players' dormitory had devalued their education.
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7th Circuit: Company responsible for debts

May 3, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a company and its principals need to pay more than $3.5 million to a company it bought supplies from, even though the purchaser accused the seller of price-gouging.
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PepsiCo's Quaker sued for not flagging pesticide in oatmeal

May 3, 2016
 Bloomberg News
Consumers in New York, California and Illinois sued PepsiCo Inc.’s Quaker Oats for false advertising, claiming the brand’s signature product contains a possible carcinogen that is not listed as an ingredient.
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J&J faces 1,000 more talc-cancer suits after verdict loss

May 3, 2016
 Bloomberg News
Johnson & Johnson must pay $55 million to a 62-year-old South Dakota woman who blamed her ovarian cancer on the company’s talcum powder in the second such trial loss this year.
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COA: Federal statute supersedes state one

April 22, 2016
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
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China: Can't sue Cabinet-level agency over Chinese drywall

April 22, 2016
 Associated Press
China's Ministry of Justice has sent back a lawsuit in which thousands of U.S. homeowners in six states say a Cabinet-level agency should pay for damage to their homes from defective drywall made in China.
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VW reaches outline agreement with US to overcome crisis

April 21, 2016
 Bloomberg News
Volkswagen AG agreed to fix or buy back about 500,000 tainted cars in the U.S., taking a significant step forward in its effort to emerge from the emissions-cheating scandal.
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Attorney: NCAA also deserves blame in UNC fraud scandal

April 21, 2016
 Associated Press
An attorney representing two ex-University of North Carolina athletes says the school and Indianapolis-based NCAA are both responsible for UNC's long-running academic fraud scandal that he says denied athletes a quality education.
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17 former Angie's List salespeople sue for overtime

April 20, 2016
Indianapolis Business Journal, Jeff Newman
Seventeen former salespeople for Angie’s List Inc. filed lawsuits Tuesday alleging the Indianapolis-based company systematically withheld payment for overtime hours they worked.
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State pays ACLU over $1.4M under Pence

April 20, 2016
Dave Stafford
Under the administration of Gov. Mike Pence, legal fees paid to the American Civil Liberties Union of Indiana have soared beyond $1.4 million and may approach $2 million, according to an Indiana Lawyer analysis.
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Painkiller distributors face trials

April 20, 2016
Marilyn Odendahl
Insurer argues to 7th Circuit Court of Appeals that it has no duty to defend in opioid prescription suit.
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VW owners seek trial if there's no fix in emissions case

April 19, 2016
 Associated Press
Lawyers representing thousands of people who own diesel Volkswagens that cheat on emissions tests are asking a judge to order repairs and compensation if the company and government regulators don't agree to a fix by Thursday.
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7th Circuit: Horse racing venture was a business

April 18, 2016
Scott Roberts
An Indiana man who ran a horse racing business had his tax deficiencies for the 2005 and 2006 tax years voided by the 7th Circuit Court of Appeals after Judge Richard Posner ripped apart an opinion by the U.S. Tax Court.
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7th Circuit: Copyright suit not timely

April 18, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a health care corporation’s attempt to gain back its copyright from materials it created to market a diabetes drug was not timely and affirmed dismissal of the suit.
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Florida artist suing Wine & Canvas for second time

April 15, 2016
Indianapolis Business Journal, Scott Olson
A Florida artist again is suing the Indianapolis-based Wine & Canvas chain, claiming its owners infringed upon the copyrights of her paintings by using them at the chain's painting parties without her permission.
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Lesbian spouses challenge Indiana birth certificate law

April 11, 2016
 Associated Press
An attorney for eight married lesbian couples argued Friday that the state of Indiana is discriminating against them by not allowing both women to be listed on their children's birth certificates, echoing a dispute that has led to similar lawsuits in several other states.
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How to solve the housing crisis: more lawyers

April 8, 2016
 Bloomberg News
The solution to a homelessness crisis that has accompanied the drop in affordable housing is to hire more lawyers: Give poor renters an attorney, and landlords will more likely settle eviction cases. Homelessness will fall, and the strain on city services will be relieved. Or so goes the logic.
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Women allege gender, race discrimination at Salesforce

April 8, 2016
Jared Council, Indianapolis Business Journal
Two women employed in the Indianapolis offices of Salesforce.com Inc. have filed federal discrimination lawsuits against the cloud-software giant, claiming the company passed them over for promotions on multiple occasions because of their race and gender.
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COA: Statute of limitations prevents business partner’s lawsuit

April 7, 2016
Scott Roberts
The Indiana Court of Appeals upheld summary judgment for a man who left one business partnership and started another and was later sued, ruling the statute of limitations on the disgruntled partner’s lawsuit had expired on both of his claims.
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Planned Parenthood files suit challenging new Indiana abortion law

April 7, 2016
Scott Roberts
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of Planned Parenthood of Indiana and Kentucky challenging the recently enacted legislation that does not allow women to get abortions if the fetus may have a disability or potential diagnosis of a disability.
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Patriots fans sue NFL over team's 'Deflategate' punishment

April 6, 2016
 Associated Press
A group of New England Patriots fans have sued the NFL in an effort to recover the first-round draft pick taken from the team as punishment for the "Deflategate" scandal.
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Civil forfeiture defendants file motion to dismiss

April 6, 2016
Marilyn Odendahl
Defendants in a civil forfeiture complaint lodged earlier this year in Marion Superior Court have filed a motion to dismiss on the grounds the plaintiffs and the court lack standing.
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Indiana State Police trooper sued again over proselytizing

April 6, 2016
 Associated Press
An Indiana State Police trooper faces a second lawsuit accusing him of preaching his faith to citizens while on duty.
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Broker sues after Colts cancel season-ticket renewal

April 4, 2016
Anthony Schoettle
A Pennsylvania ticket broker is suing the Indianapolis Colts over their revocation of his season tickets—a legal skirmish other brokers say appears to be fallout from efforts by the team to gain greater control over the secondary market and thin the ranks of resellers.
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  2. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  3. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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