lawsuit

100 tort claim notices filed in State Fair stage collapse

November 2, 2011
Jennifer Nelson
As of Nov. 2, the Office of the Indiana Attorney General has received 100 tort claim notices related to the stage collapse at the Indiana State Fair in August. The deadline for submission of the tort claim form was Nov. 1.
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COA upholds judgment in auction of towed car

October 28, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a father and daughter whose car was towed and later sold at auction, finding the towing company didn’t comply with the 15-day waiting period after placing notice in the newspaper before selling the car.
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Indiana State Fair tragedy renews cap debate

October 12, 2011
Michael Hoskins
Indiana attorneys and legislators are embarking on a broader discussion about the state’s current tort claim cap and whether that decades-old limit is adequate to address the scope of this situation.
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City council discusses gun laws

October 12, 2011
IL Staff
On Oct. 24, the Hammond City Council will discuss ordinances introduced by Councilwoman Kim Poland that would repeal local gun laws in order to align with the new state laws.
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COA: Remonstrators didn't request timely stay of annexation

October 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
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Deputy owed no duty to warn of icy road

October 6, 2011
Jennifer Nelson
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
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Circuit Court rules in favor of utility

September 29, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed summary judgment in favor of a Louisville utility in a dispute as to whether landowners could eject the utility from their property after violating portions of the lease. The appellate judges also declined to certify a question to the Indiana Supreme Court.
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Judge sues to prevent local court closure

September 28, 2011
Michael Hoskins
The consolidation is a byproduct of the state judiciary’s reform efforts.
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2 cities face gun-compliance lawsuits

September 28, 2011
Jenny Montgomery
The plaintiffs' attorney says the complaints are inspired by willful disregard of state law.
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Judge: query goes too far

September 28, 2011
Michael Hoskins
Ruling strikes down one Indiana bar exam application question.
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Federal judge: 1 bar exam application question goes too far

September 21, 2011
Michael Hoskins
A federal judge has found that one of the Indiana bar exam application questions violates the Americans with Disabilities Act because it infringes on potential lawyers’ privacy rights.
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Judge allows state to cut Medicaid fees to pharmacists

September 15, 2011
Michael Hoskins
An Indianapolis federal judge has reversed the temporary restraining order she issued two months ago that stopped the state from cutting fees it pays to pharmacists for dispensing Medicaid prescriptions.
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Judges rule on breach of contract lawsuit

September 15, 2011
Jennifer Nelson
The City of Jeffersonville breached its contract with a company hired to maintain its sewer system by not adequately providing written notice before ending the contract.
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Justices consider state back-pay suit

September 14, 2011
Michael Hoskins
Almost a year after the Indiana Court of Appeals significantly slashed a $42.4 million damages award against the state, the Indiana Supreme Court heard arguments Sept. 8 on whether past and present employees can recover back pay and how much should be awarded.
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State preparing to pay maximum in stage collapse damages

August 31, 2011
Scott Olson
The state of Indiana is set to forgo costly and lengthy litigation and instead pay the maximum $5 million in damages allowed by law to victims of the Indiana State Fair concert stage collapse, Attorney General Greg Zoeller said Wednesday.
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Toxic dust exposure leads to litigation

August 31, 2011
Michael Hoskins
Indianapolis attorney Gabe Hawkins has already attended the funerals of three former clients, and he hopes that he won’t have to see a fourth before finally being able to say that the courtroom battle they’ve been waging for years has paid off.
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Can schools discipline for off-campus conduct?

August 31, 2011
Michael Hoskins
School is back in session, and a new set of court rulings issued during the summer break may make it more difficult for school administrators to decide how to handle inappropriate or potentially disruptive online activities carried out by students off-campus.
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Class-action lawsuit filed over stage collapse

August 31, 2011
Scott Olson
A class-action lawsuit filed by an Indianapolis law firm is the largest legal action to arise so far from the collapse of a concert stage at the Indiana State Fair.
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Attorney general wants State Fair class action dismissed

August 30, 2011
IL Staff
The Office of the Indiana Attorney General filed a motion Monday in Marion Superior Court to dismiss a proposed class-action lawsuit filed as a result of the stage collapse at the Indiana State Fair.
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7th Circuit examines 3-strike rule on prisoner suits

August 25, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has followed in the footsteps of some of its sister Circuits, holding that a pro se prisoner suit should proceed because an Indiana federal judge wrongly determined the frequent suit-filing inmate had three strikes rather than two in terms of frivolous claims.
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Judge hears arguments on bar exam application suit

August 25, 2011
Michael Hoskins
How far the Indiana Board of Law Examiners can go in asking potential lawyers about their mental-health history was the subject of a federal court hearing Wednesday, where attorneys explored the scope of the Americans with Disabilities Act and what might be reasonable in determining someone’s potential fitness to practice law.
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Class-action lawsuit filed over State Fair stage collapse

August 23, 2011
Scott Olson
A class-action lawsuit filed by an Indianapolis law firm is the largest legal action to arise so far from the collapse of a concert stage at the Indiana State Fair.
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COA sides with Live Nation in naming dispute

August 16, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed the trial court’s dismissal of the Murat Temple Association’s claim that Live Nation Worldwide violated terms of its lease agreement.
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7th Circuit upholds denial of class action, statutory damages

August 16, 2011
Jennifer Nelson
In an appeal of the denial of a proposed class-action lawsuit based on the finding the attorney was inadequate to represent the class, the 7th Circuit Court of Appeals noted that the attorney’s demeanor on appeal didn’t help his cause.
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Indiana AG sues Florida foreclosure firm owned by lawyer

August 11, 2011
IL Staff
Indiana Attorney General Greg Zoeller has filed a complaint against a for-profit Florida foreclosure consultant company that Zoeller claims operated illegally in 15 Indiana counties and failed to provide refunds to customers after services were not provided.
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  1. 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?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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