lawsuit

Indiana woman reaches $640K settlement in son's jail death

January 13, 2016
 Associated Press
A southeastern Indiana woman has reached a $640,000 settlement in her wrongful death lawsuit that accused local officials of "callousness or reckless indifference" in her son's death at a county jail.
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Troubled ex-Colts QB Schlichter sues NFL plan seeking benefits

January 12, 2016
Dave Stafford
One-time Indianapolis Colts quarterback Art Schlichter has sued the NFL Player Retirement Plan in an effort to receive benefits he claims are being wrongly denied. Schlichter alleges he’s suffering brain injury as he serves time in a federal prison.
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Pendleton prisoners sue Indiana over cases of tuberculosis

January 12, 2016
 Associated Press
Dozens of inmates at Pendleton Correctional Facility in Madison County are suing the state over cases of tuberculosis at the prison.
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Red-hot M&A target comes with a little legal problem in the US

January 11, 2016
 Bloomberg News
For months now, Swiss seed maker Syngenta AG has been publicly courted by the likes of Monsanto Co. and China National Chemical Corp., part of a historic consolidation wave sweeping the agri-chemicals business. But lurking behind any deal are lawsuits against Syngenta in which U.S. farmers and grain handlers are claiming losses of up to $6 billion.
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Via poem, judge dismisses inmate’s suit over bathroom access

January 8, 2016
 Associated Press
A Columbus, Ohio, judge used a five-stanza poem to dismiss a prisoner’s lawsuit over bathroom access, writing that “neither runs nor constipation can justify this litigation.”
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GM ignition nightmare won’t go away, for victims or company

January 8, 2016
 Bloomberg News
The car maker, which faces at least 16 trials on death and injury claims in state and federal courts in the U.S. in 2016, has said in regulatory filings that it couldn’t estimate its potential liability.
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Anthem workers target high 401(k) fees

January 7, 2016
 Bloomberg News
Anthem Inc.’s retirement plan is accused in a lawsuit of forcing about 60,000 workers and retirees to pay excessive fees by having to invest in Vanguard Group funds billed as low-cost options.
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Suit filed against Allen County over public defender system

January 6, 2016
 Associated Press
A second county in Indiana is facing a federal lawsuit claiming that its public defender system violates indigent defendants' rights to adequate legal defense.
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Man’s federal claims against Noblesville police fail

January 5, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court ruling granting summary judgment in favor of law enforcement officers on a man’s claims alleging false arrest and excessive force.
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US sues VW over emissions-cheating software in diesel cars

January 4, 2016
 Associated Press
Federal authorities are suing Volkswagen over emissions-cheating software found in nearly 600,000 vehicles sold in the United States.
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Vaping industry sues state over new regulations

January 4, 2016
Scott Olson, IBJ Staff
The advocacy group that represents Indiana’s vaping and electronic cigarette industry is suing the state, claiming new safety regulations are unconstitutional.
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Injured moped driver entitled to new trial

December 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a jury ruling in favor of a motorcyclist who collided with a moped driver trying to seek shelter before a rainstorm and ordered a new trial.
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COA: Doctor had duty to nurse practitioner’s patient who died

December 31, 2015
Jennifer Nelson
An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.
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Facebook’s suit against Ceglia lawyers thrown out on appeal

December 30, 2015
 Bloomberg News
Facebook Inc.’s malicious-prosecution lawsuit against lawyers and firms that represented Paul Ceglia in his claim to own half the social media giant was thrown out on appeal.
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Judge grants extensions Pence sought in Syrian refugee case

December 30, 2015
Dave Stafford
A federal judge has granted extensions the administration of Gov. Mike Pence sought as it continues to oppose a charity’s resettlement of Syrian refugees in Indiana. The ACLU of Indiana, meanwhile, calls discovery demands the state has directed at the nonprofit agency “breathtaking.”
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Inmate wins $10,000 verdict against US for prison injury

December 29, 2015
Dave Stafford
A federal inmate who cut his forearm on a jagged bed frame won a $10,000 judgment in his lawsuit against the United States.
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Rolling Stone urges court to throw out UVa grads' lawsuit

December 24, 2015
 Associated Press
Rolling Stone magazine is urging a judge to throw out a lawsuit filed by three former fraternity members at the University of Virginia who claim they suffered humiliation and emotional distress because of the magazine's debunked article about a campus gang rape.
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Pence may argue charity can’t represent Syrian refugees

December 24, 2015
Dave Stafford
Indiana Gov. Mike Pence may argue the Indianapolis charity that sued him for attempting to suspend its federal government-approved resettlement of Syrian refugees has “a lack of any valid right of action or standing to assert the rights of refugees,” court filings show.
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Nonprofit ambulance service not entitled to ITCA protections

December 23, 2015
Jennifer Nelson
The volunteer emergency ambulance service provider in Sharpsville is not entitled to the protections of the Indiana Tort Claims Act, the Indiana Court of Appeals affirmed, because it is a private company rather than a governmental entity.
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COA affirms attorney owes ex-assistant thousands in unpaid wages

December 23, 2015
Jennifer Nelson
An Elkhart solo practitioner must pay his former legal assistant more than $85,000 after she sued him to recover unpaid wages owed to her over the course of two years, the Court of Appeals affirmed Wednesday.
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Judge puts brakes on California Uber drivers’ suit outcome

December 23, 2015
 Bloomberg News
Uber Technologies Inc. won a ruling that may put off the outcome of a bid by California drivers to be treated as employees in a lawsuit that has grown dramatically both in size and potential liability.
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Split court reverses dismissal of complaint against probation officers

December 22, 2015
The Indiana Supreme Court decided 3-2 Tuesday to reverse the dismissal of a man’s claims arising out of his incarceration for a probation violation that allegedly occurred after his term of probation had expired.
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Driverless cars give lawyers bottomless list of defendants

December 22, 2015
 Bloomberg News
Imagine a robot car with no one behind the wheel hitting another driverless car. Who’s at fault?
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Judge limits police expert testimony in excessive force case

December 17, 2015
Dave Stafford
A defense expert may not testify whether he believes a Richmond police officer used excessive force when he punched an unruly man in the face three or four times while the man was handcuffed to a hospital gurney.
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Justices affirm ruling for school in fired principal’s suit

December 16, 2015
Jennifer Nelson
An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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