lawsuit

Growth of craft breweries means more IP fights

April 19, 2017
Marilyn Odendahl
The rise in trademark litigation reflects the changing flavor of the craft beer industry as brewers seek to protect existing names and designs.
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Running low on funds, Vonnegut museum seeks speedy outcome to legal fight

April 18, 2017
Indianapolis Business Journal, Scott Olson
The Kurt Vonnegut Museum and Library is asking a judge to rule quickly on the legal dispute over its failed move to Massachusetts Avenue in Indianapolis, fearing the not-for-profit could run out of money before the case is resolved.
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Therapy trainee’s ADA suit against hospital, Ivy Tech proceeds

April 14, 2017
IL Staff
A lawsuit against Henry County Memorial Hospital and Ivy Tech Community College will proceed after a judge ruled in favor of a woman who claims her termination from a clinical training session violated the Americans with Disabilities Act.
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Justice Department drops North Carolina LGBT rights lawsuit

April 14, 2017
 Associated Press
The Trump administration dropped a lawsuit accusing North Carolina of discriminating against LGBT residents on Friday in response to the state's decision to undo its "bathroom bill."
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Closing Indiana college faces lawsuit from faculty

April 13, 2017
 Associated Press
Tenured faculty members from a northwest Indiana college that's closing recently filed a lawsuit claiming the college breached its contract with them.
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Rolling Stone settles, but fight over rape story isn't over

April 12, 2017
 Associated Press
Rolling Stone magazine settled a University of Virginia administrator's lawsuit over its discredited story about a rape on campus, but its legal fights over the botched article aren't over.
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Melania Trump wins damages from Daily Mail publisher

April 12, 2017
 Associated Press
U.S. first lady Melania Trump has accepted an apology and damages from the publisher of the Daily Mail newspaper for reporting rumors about her time as a model, the two parties in the lawsuit said Wednesday.
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Public Lawsuit Statute not applicable in Tipton Co. case

April 12, 2017
Olivia Covington
The Indiana Public Lawsuit Statute that requires litigants to post bond when bringing a public lawsuit did not apply in a Tipton County case in which a couple was seeking to protect their own private interests, rather than public interests, the Indiana Court of Appeals decided Wednesday.
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Lawsuit against Columbus over crosswalk headed toward trial

April 11, 2017
Olivia Covington
Although the city of Columbus has immunity from the policy decisions that may have contributed to a 13-year-old’s injuries when he was struck by a vehicle in a city crosswalk, genuine issues of material fact remain that preclude the city from being awarded summary judgment in a lawsuit, a divided Indiana Court of Appeals has held.
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Judge orders 3 off sex offender registry

April 10, 2017
IL Staff
Three men who moved to Indiana and were required to put their names on the state’s sex offender registry are likely to win their lawsuit that claims they wouldn’t face that requirement had they lived in Indiana all their lives, a judge ruled, ordering their names removed.
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Trump appeals Hawaii judge's new ruling blocking travel ban

March 31, 2017
 Associated Press
President Donald Trump's administration on Thursday appealed the latest court ruling against his revised travel ban to the same court that refused to reinstate the original version.
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7th Circuit denies Brazilian man’s motion for emergency stay

March 31, 2017
Olivia Covington
The 7th Circuit Court of Appeals has denied a Brazilian businessman’s motion for an emergency stay while a suit against him is pending in Brazil, finding that the man has failed to provide sufficient information to show that the Brazilian and Indiana suits are duplicative.
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Man faces withheld evidence again in lawsuit against Indiana

March 29, 2017
 Associated Press
A man whose 1995 conviction was vacated after serving nearly 16 years in prison is facing evidence issues in a lawsuit he filed against the state of Indiana that were similar to those in his case.
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Insurers deny claims based on questionable cell tower data

March 29, 2017
 Associated Press
It took Jaclyn Bentley nearly three years to prove she didn't burn her house down for the insurance money, allegations she and her lawyer say were born of the junk practice of analyzing cellphone tower data.
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Lawsuit seeks data over searches of electronics at US border

March 28, 2017
 Associated Press
A group of First Amendment attorneys sued the Trump administration on Monday over access to data showing how often U.S. citizens and visitors had their electronic devices searched and the contents catalogued at American border crossings.
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Lawsuits: Hackers stole customer data at 1,000 Arby's stores

March 28, 2017
 Associated Press
Georgia-based Arby's restaurant chain failed to prevent hackers from stealing customer information at hundreds of its stores, a Connecticut couple said in a new federal lawsuit.
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Lawsuits blaming Saudi Arabia for 9/11 get new life

March 24, 2017
 Associated Press
For years, family members of those killed on Sept. 11 and insurance companies tried unsuccessfully through the courts to hold Saudi Arabia or businesses and organizations there responsible for the terrorist attacks. Now that Congress has cleared the way, they're making a fresh effort.
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Lawsuit against Elkhart police in shooting may be withdrawn

March 22, 2017
 Associated Press
The mother of a northern Indiana man fatally shot by police has asked to withdraw her federal lawsuit alleging excessive force in the confrontation.
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Evansville, Kentucky police face trial over arrests in man’s death

March 22, 2017
Dave Stafford
Evansville family members who were interrogated, arrested and charged in a foster relative’s death may proceed with a federal civil-rights suit that alleges authorities on both sides of the Ohio River where the man’s body was found wrongly arrested them and falsified reports to build a case that unraveled.
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Musician accuses conductor, symphony of age discrimination

March 22, 2017
Lindsey Erdody, Indianapolis Business Journal
In a federal lawsuit filed late last week by Indianapolis Symphony Orchestra's principal bassoonist, the musician details what he alleges have been years of age discrimination and harassment by ISO musical director and conductor Krzysztof Urbanski and the ISO leadership.
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Overruling COA, justices decide Florida law group must face suit

March 21, 2017
Dave Stafford
A Florida law group that hired several Indiana attorneys to represent clients in foreclosures and bankruptcies must face a civil lawsuit, the Indiana Supreme Court ruled Tuesday.
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This movie-tax lawyer might have found a way to stop Brexit

March 17, 2017
 Bloomberg News
Jolyon Maugham says being a lawyer in a controversial field requires a thick skin, which is useful for anyone willing to speak out on the subject of Brexit.
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Pence wants Supreme Court to dismiss public records case after release of white paper

March 16, 2017
Olivia Covington
After a “white paper” detailing a legal challenge to a federal immigration order was leaked as part of a journalistic investigation, attorneys for former Gov. Mike Pence are petitioning the Indiana Supreme Court to dismiss a court case seeking to uncover the contents of the white paper, saying the case is now moot.
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CIB ordered to give deposition in IRS-Simon lawsuit over Pacers deal

March 15, 2017
Greg Andrews, Indianapolis Business Journal
Indianapolis' Capital Improvement Board has failed in its effort to avoid getting entangled in a legal dispute between the IRS and Mel Simon’s widow stemming from Mel’s sale of his half of the Indiana Pacers to his brother Herb in 2009.
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Woman may amend tortious interference claim against Allison Transmission

March 15, 2017
Olivia Covington
A woman who alleges that an Indianapolis company contributed to her employment termination may continue her defamation claim against the company and amend her tortious interference claim pursuant to Indiana trial rules, the Indiana Court of Appeals has ruled.
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  1. 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.

  2. 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.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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