lawsuit

Small Indiana town sued for rejecting proposed cell tower

April 27, 2015
 Associated Press
A company that wants to build a cellphone tower in northeast Indiana is suing a small town, alleging the Zanesville Town Council is violating the federal Communications Act by using zoning ordinances to keep a wireless communications facility out.
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Lawsuit against hip replacement maker to remain in Indiana

April 24, 2015
Jennifer Nelson
The lawsuit brought by 19 people in Virginia and Mississippi against Warsaw, Indiana-based DePuy Orthopaedics alleging injuries from a now-recalled hip implant will remain in Indiana over the medical manufacturer’s objections.
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SEC: Indy-based Veros’ farm loans defrauded 80 of $15 million

April 24, 2015
Dave Stafford
The Securities and Exchange Commission has filed a federal lawsuit against Indianapolis-based Veros Partners Inc. and multiple related co-defendants. The SEC alleges the financial advisers defrauded 80 farm-loan investors of $15 million in 2013 and 2014, using those proceeds to repay earlier investors.
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Bank wins partial victory in suit stemming from overdraft fees

April 23, 2015
Jennifer Nelson
A bank being sued by customers over how it orders transactions – allegedly to maximize profits from overdraft fees – is entitled to summary judgment on most of the state claims alleged by customers in a class-action lawsuit, the Indiana Court of Appeals ruled Thursday.
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A killing in community corrections

April 22, 2015
Dave Stafford
Alan E. Cain drove on a forfeited license in March 2013, a probation violation that landed him in an Indianapolis work-release program. Sixteen days later, he was dead.
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Judge delays decision on NCAA concussion settlement

April 20, 2015
 Bloomberg News
A U.S. judge has declined to immediately approve the National Collegiate Athletic Association’s $75 million settlement of a lawsuit by college athletes who’ve suffered head injuries, giving a critic of the accord three weeks to file arguments opposing the revamped deal.
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Judge: Notre Dame police aren't subject to open records law

April 20, 2015
 Associated Press
A judge in South Bend has ruled the University of Notre Dame’s police department isn't subject to Indiana’s open records laws, saying that is how the law has been understood for years and it would not be appropriate for the court to rewrite the statute.
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High court rejects terror victims’ claims against Chiquita

April 20, 2015
 Associated Press
The Supreme Court of the United States has rejected an appeal from relatives of thousands of victims of a guerrilla conflict in Colombia who want to sue Chiquita Brand International in U.S. courts.
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Landscaper’s attorney fails to explain fee

April 20, 2015
Marilyn Odendahl
A landscaping company’s award for attorney fees has been sent back to small claims court for reconsideration after the business and the attorney failed to submit documentation supporting the fee amount.
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Lawsuit claims IU Health, midwifery practice risked lives

April 17, 2015
 Associated Press
A federal whistleblower lawsuit says IU Health and midwifery practice HealthNet defrauded the government of millions of dollars and put low-income pregnant women at risk.
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Judge lets amputee's lawsuit against Indiana sheriff continue

April 16, 2015
 Associated Press
A judge has greenlighted a federal lawsuit brought against a central Indiana jail by an amputee who fell from an upper bunk and was injured when he damaged his prosthetic leg.
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Sewer company entitled to attorney fees over frivolous appeal

April 15, 2015
Jennifer Nelson
Three people required to connect their properties to a not-for-profit sewer company – who later were held in contempt for not doing so – must pay appellate attorney fees to the sewer company because the individuals sought to re-litigate the judgments instead of challenge the contempt orders.
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New concussions deal with NCAA proposed

April 15, 2015
 Associated Press
Filings in U.S. District Court in Chicago late Tuesday night notified a federal judge that there was a new proposed settlement for a head injury lawsuit against the NCAA brought by football players and other college athletes.
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COA: Company sought to prevent competition, not protect trade secret

April 14, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a directed verdict in favor of the defendants in a lawsuit alleging they divulged confidential information and trade secrets after departing a computer systems company and began working for a competitor.
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Purdue spent $320K fighting discrimination lawsuits

April 14, 2015
 Associated Press
Purdue University spent more than $320,000 in legal fees battling state and federal lawsuits filed by the former chancellor of Indiana University-Purdue University Fort Wayne.
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COA agrees lawsuit may continue in Indiana under Journey’s Account Statute

April 13, 2015
Jennifer Nelson
Although a plaintiff in a lawsuit stemming from a car accident in Indiana used bad judgment when he filed the suit in federal court in Illinois, where he lives, there was no error by a Tippecanoe County court to allow the lawsuit to later proceed when filed there based on the Journey’s Account Statute, ruled the Court of Appeals.
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Woman freed after wrongful conviction wants 2 suits combined

April 13, 2015
 Associated Press
A woman wrongfully convicted of setting a fire that killed her 3-year-old son wants her two lawsuits alleging that investigators framed her combined into a single case.
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AIT, former execs rack up nearly $5M in legal costs

April 10, 2015
IBJ Staff, J.K. Wall
AIT Laboratories and its former executives have already incurred nearly $5 million defending themselves against charges by the U.S. Department of Labor that AIT founder Michael Evans sold the company to its employees at an inflated price.
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COA: IURC improperly approved utility’s 7-year plan

April 8, 2015
Jennifer Nelson
In the appeal of the Indiana Utility Regulatory Commission’s decision to approve rate increases requested by a northern Indiana utility group under a new statute, the Indiana Court of Appeals concluded the commission erred in approving a seven-year plan that only gave specifics about year one.
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Man sues ex-sheriff, others over probe of his father's death

April 8, 2015
 Associated Press
The son of a central Indiana man whose death was originally ruled a suicide is suing a former sheriff, a county coroner and four deputies who investigated his death.
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Federal court rejects Dearborn judges' immunity defense

March 31, 2015
Marilyn Odendahl
A deaf man’s discrimination lawsuit against three judges in Dearborn County can proceed according to a March 30 ruling in federal court.
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Court finds railroad’s arguments over dam don’t hold water

March 31, 2015
Jennifer Nelson
Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.
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Panther Racing suit against IndyCar, Rahal Letterman tossed

March 27, 2015
Dave Stafford
A federal breach-of-contract lawsuit alleging damages of more than $17 million resulting from an IndyCar sponsorship dispute has been dismissed.
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Dispute over beach ownership heading back to trial court

March 26, 2015
Marilyn Odendahl
Property owners along Lake Michigan will have another chance to make their arguments in a dispute over which part of the beach belongs to them and which belongs to the public.
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States ask court to keep RadioShack from selling customer data

March 26, 2015
 Bloomberg News
Twenty-two states, including Indiana, have rallied around Texas in its legal challenge to RadioShack’s plan to sell personal data on 117 million customers.
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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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