lawsuit

Court properly denied dentist’s petition for judicial review

March 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a dentist’s petition for judicial review of a decision by the State Board of Dentistry which found he violated Indiana Code after a patient’s wisdom teeth surgery.
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Judges reverse summary judgment in collision case

March 13, 2014
Jennifer Nelson
It should be up to a judge or jury to determine whether a driver’s distance in relation to the vehicle in front of him had any impact on a collision between the driver and another vehicle on Interstate 65.
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Justices uphold order criminal defendant answer civil complaint

March 13, 2014
Jennifer Nelson
The Indiana Supreme Court Wednesday found a Lake Superior judge did not abuse her discretion in ordering a man criminally charged for the hit-and-run death of a woman to respond to her estate’s wrongful death complaint filed against him.
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7th Circuit rejects lawsuit on insurer’s use of in-house counsel

March 12, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Tuesday agreed that a woman’s lawsuit against State Farm Mutual Automobile Insurance Co. should be dismissed because state law creates no obligation for an insurer to provide advance notice to an insured that it uses in-house counsel to defend its policyholders.
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When non-competes don't fly

March 12, 2014
Dave Stafford
Aviation mechanic Joe Guinn lost a job when his former employer sought to enforce a non-compete clause, but he won an appellate ruling that the company may have engaged in tortious interference with his subsequent employer.
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Fort Wayne case may force SCOTUS to define who qualifies as a minister

March 12, 2014
Marilyn Odendahl
Since the Supreme Court of the United States weighed in on “ministerial exception” in January 2012, cases have been percolating across the country spurred by religious institutions claiming the exception as protection against employee discrimination lawsuits.
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Appeals court: Requests for modification don’t nullify foreclosure

March 10, 2014
Dave Stafford
The Indiana Court of Appeals affirmed summary judgment in favor of a mortgage servicer despite the property owners’ attempts at modifying the mortgage.
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Federal suit filed against Indiana marriage statute

March 7, 2014
Marilyn Odendahl
While Indiana’s same-sex marriage amendment is on hold in the Legislature, a challenge to the state’s law banning same-sex marriage was filed March 7 in U.S. District Court for the Southern District of Indiana.
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Campus fraternity chapter may be liable for alleged hazing injury

February 26, 2014
Dave Stafford
A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.
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Indiana joins brief seeking to halt EPA-led plan to clean up Chesapeake Bay

February 26, 2014
Dave Stafford
Decades of squabbles over cleaning up one of America’s most historic but polluted waters resulted in an agreement between states and the federal government that supporters say could restore the Chesapeake Bay to a swimmable, fishable national treasure. But if Indiana and other states without a direct stake in the Chesapeake have their way, the cleanup hashed out between bay states and the Environmental Protection Agency will be stopped.
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Judge lets second suit alleging BMV overcharges proceed

February 21, 2014
Dave Stafford
Indiana Bureau of Motor Vehicles must answer a second complaint alleging the agency overcharged Hoosiers millions of dollars on almost 30 types of licenses or registrations, a judge ruled Wednesday.
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Troubled Clark County Drug Court suspended

February 20, 2014
Dave Stafford
Claims that drug court participants in Clark County were jailed for months without cause and subjected to unauthorized searches and arrests by drug court staff have led the Indiana Judicial Center to suspend the problem-solving court in Jeffersonville.
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Woman’s amended complaint is within limitations period

February 20, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday spurned a previous ruling from the court and instead looked to a Vermont case to decide that a woman’s amended complaint should not be dismissed for being outside the statute of limitations.
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Cold beer sales hearing begins Thursday

February 19, 2014
A federal judge in Indianapolis Thursday will consider a group of convenience and grocery stores’ challenges to the state law prohibiting those businesses from selling cold beer.
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Judges dismiss interlocutory appeal in Weinberger suit as untimely

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has dismissed a patient’s interlocutory appeal in his medical malpractice lawsuit against former doctor Mark Weinberger and related entities, finding it has no jurisdiction to entertain the appeal.
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21st Amendment again shut out of federal cold-beer suit

February 7, 2014
Dave Stafford
A federal judge Thursday affirmed a ruling that the Indianapolis-based 21st Amendment package liquor store chain is not entitled to intervene in a federal lawsuit challenging Indiana’s law prohibiting convenience and grocery stores from selling cold beer.
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Court finds interview is not a violation of professional conduct rules

February 6, 2014
Jennifer Nelson
A federal magistrate in Hammond has ruled there were no violations of the Indiana Professional Rules of Conduct when defense counsel interviewed a potential witness in preparation for trial after discovery had closed.
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Senator steers clear of beer wholesaler legal battle

February 5, 2014
Kathleen McLaughlin
The Indiana Legislature won't interfere with beer wholesaler Monarch Beverage Co.'s quest in federal court for the right to distribute liquor.
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7th Circuit rules for city on discrimination claims brought by black officers, firefighters

February 5, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed summary judgment for the City of Indianapolis in two lawsuits brought by dozens of black police officers and firefighters over the examination process used by the city for promotions.
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Evidence doesn’t show couple knew of mold when selling home

January 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed rulings in favor of the sellers of a home which later was found to contain mold. The buyers sued, claiming the sellers knew of the mold at the time of the sale, but the judges found the evidence shows otherwise.
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COA split over whether damages are punitive

January 29, 2014
Jennifer Nelson
The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.
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Right to equal access at center of federal lawsuit

January 29, 2014
Marilyn Odendahl
A courtroom spectator’s persistent requests to two trial courts for an interpreter raises questions of how accessible Indiana courts should be for people who have disabilities as well as how much control the state judiciary has over local judges.
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Appeals panel upholds $3.9M verdict for bicyclist hit by school bus

January 24, 2014
Dave Stafford
A student riding his bicycle to school on Washington Street in Indianapolis was hit by a school bus and critically injured, and a jury’s $3.9 million judgment in his favor was proper, the Indiana Court of Appeals ruled Friday.
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Pre-settlement lenders say rate cap could doom industry

January 22, 2014
Dave Stafford
Representatives of businesses that provide pre-settlement funding to plaintiffs said they would be forced out of Indiana by a proposal to cap their returns at 25 percent, after which a House committee advanced a bill that would do just that.
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Beer wholesalers enlist lawmakers in fight against Monarch

January 17, 2014
Kathleen McLaughlin
The Statehouse is a common battlefield for factions in Indiana's alcoholic beverage industry, and this session, one group of beer wholesalers is firing shots in multiple directions.
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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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