lawsuit

Woman did not exhaust administrative remedies before suing

November 1, 2012
Jennifer Nelson
The Indiana Court of Appeals agreed with a Marion Superior judge that the courts do not have jurisdiction over a woman’s lawsuit concerning the disconnection of her water because the woman did not exhaust all her available administrative remedies before suing.
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Suit to be filed over meningitis outbreak

October 19, 2012
Dave Stafford
Attorneys for a Columbus woman who has developed symptoms of fungal meningitis after being treated with steroid injections are suing the drugmaker at the center of a widening outbreak blamed on tainted shots.
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Court orders BMV to hold hearing on whether felon can get ID

October 12, 2012
Jennifer Nelson
A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.
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Court of Appeals reverses and remands inmate’s request for kosher meals

October 9, 2012
Marilyn Odendahl
A Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department of Correction, but his request for kosher meals will get a second review.  
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Indiana farmer’s tangle with seed producer over patent infringement gets SCOTUS review

October 8, 2012
Marilyn Odendahl
The Supreme Court of the United States has agreed to review a federal appeals court decision regarding patent infringement in a case involving an Indiana farmer and a seed producer.
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Justices tackle home foreclosure issue involving MERS

October 5, 2012
Jennifer Nelson
Indiana Justice Mark Massa, writing for the court Thursday, delved into the history of the Mortgage Electronic Registration Systems Inc. and its role in today’s mortgage industry in a case involving a foreclosed home in Madison County.
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7th Circuit rules against fired animal shelter worker

October 4, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the woman doesn’t qualify as “disabled” under the ADA.
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Fraternity pledge loses appeal involving alleged hazing incident

October 2, 2012
Jennifer Nelson
Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”
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Federal judge dismisses whistleblower suit against Rolls-Royce

September 27, 2012
Scott Olson
A federal judge in Indianapolis has dismissed a whistleblower lawsuit filed by a former Rolls-Royce Corp. engineer who accused the company of selling faulty aircraft engine parts to the government.
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Indiana justices asked to answer question under Common Construction Wage Act

September 26, 2012
Jennifer Nelson
U.S. Judge Sarah Evans Barker has asked the Indiana Supreme Court to answer a certified question that arose in a pay dispute between a Fort Wayne electrician and Indianapolis-based Gaylor Inc.
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State cannot enforce $1,000 cap on dental services for Medicaid recipients

September 26, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has left in place the preliminary injunction granted by Chief Judge Philip Simon last year that prevents the state from capping dental work for Medicaid recipients at $1,000 a year.
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Zoeller, senators at odds over immigration law

September 26, 2012
Dave Stafford
Indiana lawmakers seek to intervene with aid of Kansas official Kris Kobach.
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Lawsuit challenges ‘guns in the workplace’ statutes

September 20, 2012
IL Staff
A Carmel attorney has filed a lawsuit claiming a Morgan County security company has violated laws that prohibit most employers from asking whether an employee owns, possesses, uses or transports firearms and from preventing employees from having a gun locked up and out-of-sight in their vehicles.
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Businesses alleging financial loss against insurer lose before 7th Circuit

September 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals ruled against a group of businesses that sued an insurance company claiming its failure to adequately pay G&S Metal Consultants Inc. following an explosion at the GSMC Georgia plant led to the plaintiffs suffering financial losses.
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Monroe County man’s suit against ex-wife and city still alive in trial court

September 20, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded Thursday that portions of a man’s lawsuit alleging false imprisonment, malicious prosecution and other claims against his ex-wife and the city of Bloomington may continue. The trial court had dismissed all claims against the parties, which includes Monroe County.
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Court reduces $1.4M judgment in dispute over work done at Honda plant

September 19, 2012
Jennifer Nelson
The Indiana Court of Appeals has found that Greensburg-based Custom Conveyor Inc. is only entitled to recover about a tenth of the original $1.4 million awarded to it on breach of contract and warranty claims the company made against a subcontractor regarding work on the Indiana Honda plant.
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Judge sanctions Weinberger for noncooperation with insurer

September 17, 2012
Jennifer Nelson
A federal judge in Hammond has entered a default against former ear, nose and throat doctor Mark Weinberger and other defendants for their noncooperation with his medical malpractice insurance company regarding hundreds of pending malpractice claims.
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Former Marion County jail inmates lose appeal

September 14, 2012
Jennifer Nelson
Two former inmates who filed a class action lawsuit against the company that runs the Marion County Correctional Center couldn’t convince the 7th Circuit Court of Appeals that the court should rule in their favor. The men claimed the jail provided inadequate medical care and inhumane living conditions.
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Indiana pension fund attorneys to serve as lead co-counsel in Wal-Mart bribery suit

September 10, 2012
Marilyn Odendahl
The Indiana Electrical Workers Pension Trust Fund has been named as co-lead plaintiff in a lawsuit against the board of directors of retail giant Wal-Mart.>
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Sunburned man gets no relief

September 7, 2012
Marilyn Odendahl
The Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur in a medical malpractice lawsuit against his dermatologist. 
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Judges disagree over whether car ad implied drivability

September 4, 2012
Jennifer Nelson
The Indiana Court of Appeals was divided on whether an Indianapolis car dealership was entitled to summary judgment on a buyer’s lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims.
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Suit challenging construction of asphalt plant timely filed

August 31, 2012
Jennifer Nelson
The Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under this statute.
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Indiana will receive $4.5M in off-label marketing settlement

August 30, 2012
IL Staff
Indiana Attorney General Greg Zoeller announced Thursday that the state will get nearly $4.5 million from Janssen Pharmaceuticals Inc. to settle claims that the company illegally marketed its drug, Risperdal.
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Mining company an insured under contractor’s policy

August 30, 2012
Jennifer Nelson
The mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
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Bad BP gas distributed widely in Indy, as far south as Corydon

August 29, 2012
Dave Stafford
Tainted BP gasoline that is the subject of two federal lawsuits in northern Indiana was delivered to and likely sold in at least 28 Indianapolis gas stations and as far south as Corydon and Lawrenceburg, according to information the company provided.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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