lawsuit

Andy Mohr Truck Center wins $6.5M judgment against Volvo

August 21, 2015
IBJ Staff
A federal jury has slapped Volvo Trucks North America with a $6.5 million judgment, a stinging rebuke of its business dealings with Andy Mohr Truck Center, the franchisee the Swedish company signed on in 2010 to grow its market share here.
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Prisoner’s Zantac lawsuit gives federal judges heartburn

August 20, 2015
Dave Stafford
An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.
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Unpaid student loan splits 7th Circuit

August 19, 2015
Marilyn Odendahl
A 7th Circuit Court of Appeals panel has split with each judge writing a separate opinion about a lawsuit brought by a student who defaulted on her school loans and then sued when the lending agency tacked on collection costs.
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AG seeking restitution over alleged Warsaw schools kickbacks

August 18, 2015
 Associated Press
Indiana Attorney General Greg Zoeller is seeking nearly $1 million in restitution from a former northern Indiana school district official and a business owner who were charged with an illegal kickback scheme.
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Mom loses appeal against Planned Parenthood

August 17, 2015
Dave Stafford
A mom who sued Planned Parenthood after her 17-year-old daughter used another person’s ID and posed as an 18-year-old to get an abortion has no private cause of action to enforce abortion statutes. Planned Parenthood also owed no duty to the mother under the circumstances, the Indiana Court of Appeals ruled Monday.
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Third lawsuit filed in Medical Informatics data hack

August 13, 2015
 Associated Press
A third lawsuit seeking class-action status has been filed against a Fort Wayne-based medical software company over a data breach involving patient information.
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Judge rules Indiana lawmakers can keep emails private

August 12, 2015
 Associated Press
A judge has ruled that the Indiana House of Representatives can keep private a lawmaker's emails and other correspondence with utility company officials about proposed legislation.
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Judge: Reinstate officer fired after Indiana inmate's death

August 12, 2015
 Associated Press
A judge has ordered the northwest Indiana city of Lake Station to reinstate a police officer who was fired following accusations he didn't seek medical help for an inmate who later died.
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Indianapolis panel overreached in adopting Millersville Plan

August 12, 2015
Dave Stafford
A landowner has successfully challenged the Indianapolis Metropolitan Development Commission’s adoption of a plan that reduced potential residential development on 21 acres in the northeast-side community of Millersville.
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Insurer off hook in Indy strip club shooting

August 12, 2015
Dave Stafford
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
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Eli Lilly wins first trial over antidepressant ‘brain zaps’

August 10, 2015
 Bloomberg News
Eli Lilly and Co. isn’t liable for withdrawal symptoms including so-called brain zaps experienced by a woman after she quit the antidepressant Cymbalta, a federal jury said.
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Feds detail why they want Armstrong medical records

August 10, 2015
 Associated Press
The federal government says it wants Lance Armstrong’s medical records from his 1996 cancer treatments because they could prove just how far he was willing to go to conceal performance-enhancing drug use from the public and his sponsors.
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Indiana medical company sued over data breach

August 7, 2015
 Associated Press
Two lawsuits have been filed in federal court in Fort Wayne seeking class-action status on behalf of patients who have had their data compromised by Medical Informatics Engineering.
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Failure to read contract no protection against liability

August 6, 2015
Marilyn Odendahl
A coal mine superintendent failed to convince the Indiana Court of Appeals that he should not be held liable because he did not understand the contract he signed.
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Long wait for cold beer decision not unusual

August 5, 2015
Marilyn Odendahl
Waiting nearly eight months for a cold beer would likely send thirsty Hoosiers across state lines for refreshment. But waiting this long for the 7th Circuit Court of Appeals to decide whether Indiana’s alcohol laws are constitutional is no reason to switch to liquor.
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St. Joe County to pay $270K for not holding prompt hearings

August 5, 2015
 Associated Press
St. Joseph County in northern Indiana has agreed to pay $270,000 to settle a federal class-action lawsuit that accuses the county of failing to provide those arrested with probable cause hearings within 48 hours, the South Bend Tribune reported.
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Government demands Lance Armstrong's records from IU

August 5, 2015
 Associated Press
The federal government wants to see Lance Armstrong's medical records from his treatments for cancer.
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Strip club must face suit of pedestrian hit by drunk waitress

August 5, 2015
Dave Stafford
A pedestrian severely injured when he was struck by a strip club waitress driving home from work may proceed with a civil lawsuit against the Indianapolis club that furnished her free alcohol, the Indiana Court of Appeals affirmed Wednesday.
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Wiretap and defamation claims against South Bend councilman allowed to move forward

August 4, 2015
Marilyn Odendahl
Overturning the trial court’s dismissal, the Indiana Court of Appeals is allowing the complaint claiming a South Bend city councilman violated the federal wiretap act and committed defamation to proceed.
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7th Circuit blasts Evansville flash bang search, notes racial factor

August 3, 2015
Dave Stafford
Evansville police “committed too many mistakes to pass the test of reasonableness” in a bungled home search and are not shielded from a federal excessive force lawsuit, the 7th Circuit Court of Appeals ruled Friday.
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NCAA granted stay in O'Bannon case; payments delayed

August 3, 2015
 Associated Press
The NCAA was given a respite Friday when the 9th U.S. Circuit Court delayed the implementation of possible payments to athletes for the use of their names, images and likenesses.
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Judge: Indiana prisoner’s peyote suit must proceed

July 30, 2015
Dave Stafford
An Indiana inmate’s federal lawsuit claiming he has a religious right to use peyote and tobacco must proceed, a judge ruled, though she also made clear state officials may seek a motion to dismiss the case.
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Judge: Landowners can't keep public off Lake Michigan beach

July 30, 2015
 Associated Press
A man who owns a piece of Indiana’s short stretch of Lake Michigan shoreline and said he had “complete and exclusive ownership” of its beachfront holds no such right and cannot deny the public access to that space, a judge has ruled.

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Committee plans medical malpractice checkup

July 29, 2015
Dave Stafford
Whether Indiana should allow Hoosiers to recover more than $1.25 million in medical malpractice lawsuits is one of the key questions lawmakers will be exploring next month. Some lawyers who represent plaintiffs and defendants in such cases say it’s probably time the cap on damages was raised.
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State must pay legal fees in unclaimed property appeal

July 24, 2015
Dave Stafford
A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.
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