lawsuit

Deadline to accept State Fair settlement extended

July 11, 2012
IL Staff
The Office of the Indiana Attorney General, at the request of attorneys representing claimants in lawsuits stemming from the stage collapse at the Indiana State Fair in August 2011, has moved the deadline to respond to a settlement offer to Aug. 1. The original deadline was Friday.
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Hauke receiver files suit against his former accounting firm

July 9, 2012
Scott Olson
The receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued Hauke's former accounting firm, charging that its negligence contributed to millions of dollars in investor losses.
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7th Circuit reinstates insurer’s case against shipper

July 5, 2012
Dave Stafford
An insurer’s lawsuit against an Indianapolis-based shipping company involving a loss of more than $1 million has been reinstated by the 7th Circuit Court of Appeals.
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Indiana's immigration law reeling

July 4, 2012
Dave Stafford
Attorneys say the U.S. Supreme Court ruling in Arizona case likely dooms parts of Indiana's law.
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Indiana justices outline ‘improvement to real property’

June 25, 2012
Jennifer Nelson
For the first time, the Indiana Supreme Court addressed what constitutes an “improvement to real property” as mentioned in the construction statute of repose. In doing so, the justices reversed the trial court’s grant of a contractor’s motion for summary judgment in a wrongful death claim.
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Settlement adds $7.2 million for State Fair stage collapse victims

June 22, 2012
Dave Stafford
Two defendants in lawsuits over the Indiana State Fair stage collapse that killed seven and injured dozens have agreed to add $7.2 million to money the state has already distributed or appropriated, Attorney General Greg Zoeller announced Friday.
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ACLU of Indiana files proposed class action against BMV

June 22, 2012
Jennifer Nelson
The ACLU of Indiana filed a lawsuit Wednesday in Marion County to require the Indiana Bureau of Motor Vehicles to reinstate a woman’s suspended license. The ACLU of Indiana claims that the BMV randomly selected Lourrinne White from a “Previously Uninsured Motorist Registry” and suspended her license for not having insurance, even though she did not have a working car titled in her name at that time.
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Filial statutes create questions about duty to support

June 20, 2012
Jenny Montgomery
A recent Pennsylvania court decision has spurred discussion among elder law attorneys about when an adult child may be found financially responsible for a parent’s long-term medical care.
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Smoking-ban lawsuits face long odds, legal expert says

May 30, 2012
Scott Olson
Ten bar owners who are taking Indianapolis to court over a new citywide smoking ban that takes effect Friday at 6 a.m. stand little chance of stopping the ordinance, an Indianapolis law professor predicts.
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Accident not covered under insurance policy

May 25, 2012
Jennifer Nelson
A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.
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No error in finding defendant jointly and severally liable

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that a man was jointly and severally liable for damages following a fight over a girl.
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A 21st century expression of the law

May 23, 2012
Dave Stafford
The 'emoticon defense' raises brows, but it puts a focus on speech rights and school threats.
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Plaintiffs fail to prove claim that Zimmer misrepresented information

May 21, 2012
Jenny Montgomery
Two pension funds that own shares of Zimmer Holdings Inc. were unable to prove that Zimmer defrauded its investors by suppressing information, the 7th Circuit Court of Appeals ruled.
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Attorney general sues home loan modification companies

May 15, 2012
IL Staff
Indiana Attorney General Greg Zoeller has filed five lawsuits against companies around the country he claims have scammed Hoosiers trying to keep their homes. Since 2006, the AG’s office has filed 110 suits against foreclosure consultant companies.
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Indiana joins price-fixing suit against Apple

May 14, 2012
Jennifer Nelson
Indiana has joined a multistate lawsuit against Apple Inc. and two publishing companies for price-fixing the cost of electronic books.
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Suit claims marriage statute unconstitutional

May 10, 2012
IL Staff
A secular group and three of its members are suing the Marion County prosecutor and clerk, claiming an Indiana statute is unconstitutional because it says that religions are the only groups with rights to have their beliefs recognized in marriage ceremonies.
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AG announced Depakote settlement

May 8, 2012
IL Staff
Attorney General Greg Zoeller announced Monday that Indiana will recoup millions of dollars in two separate settlements of multistate lawsuits against pharmaceutical maker Abbott Laboratories over illegal off-label marketing of its drug, Depakote.
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Justices to decide case questioning health care costs charged to uninsured patients

May 7, 2012
IL Staff
Indiana’s high court will hear arguments Thursday in Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804 (Ind. Ct. App. 2011), vacated.
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COA finds man was shareholder at time of stock sale

May 2, 2012
Jennifer Nelson
A dispute between family members over stock of the family company led to the Indiana Court of Appeals addressing an issue involving shareholders and revocable trusts that hasn’t yet been addressed in Indiana: whether the settlor, who places shares of stock into a revocable inter vivos trust and names himself as trustee and beneficiary, retains his shareholder status.
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Teens sue school after expulsion for online death threats

April 26, 2012
IL Staff
The three teenage girls who were expelled from school because of their after-school online activity filed a lawsuit Wednesday in federal court against the northern Indiana school district. The teens claim the death threats they made on Facebook were made jokingly and their First Amendment rights are being violated.
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Catholic school teacher claims termination due to fertility treatments

April 25, 2012
Jennifer Nelson
A Fort Wayne teacher whose contract at St. Vincent de Paul School was not renewed last year claims it was because she is undergoing fertility treatment.
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COA rules on Kroger fuel sign dispute

April 25, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.
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ATM fee disclosure rules and related litigation

April 25, 2012
Jenny Montgomery
In 2011, nine lawsuits were filed in the United States District Court, Southern District of Indiana, in which plaintiffs sued owners or operators of ATMs for failing to post a sign advising users of usage fees. Similar suits have been filed around the country, and groups that represent ATM owners’ interests are calling for a change to federal law to stop further litigation.
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Appellate court reverses ALJ in unemployment claim

April 24, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.
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Appellate panel affirms trial court in dispute over unpaid land rental

April 23, 2012
Jenny Montgomery
A trial court did not abuse its discretion when it denied a man damages for conversion, the Indiana Court of Appeals found.
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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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