lawsuit

7th Circuit again denies Notre Dame’s request for injunction in contraception suit

May 20, 2015
Jennifer Nelson
A month after rehearing the University of Notre Dame’s request for a preliminary injunction that it need not comply with the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals again affirmed the denial of the school’s request.
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Indiana judge weighs fate of BMV overcharges case

May 19, 2015
 Associated Press
A judge is weighing the fate of a lawsuit targeting the Indiana Bureau of Motor Vehicles after he heard arguments Monday in the case alleging that the BMV overcharged motorists by tens of millions of dollars for fees and services.
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Anderson Speedway attorney argues against track death lawsuit

May 15, 2015
 Associated Press
Anderson Speedway's attorney has asked a judge to grant summary judgment in a lawsuit accusing the track's owners of negligence in a driver's death in a 2011 crash.
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Landowners not prejudiced by approval of wind turbine project

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.
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Judge allows woman's suit over jail miscarriage to proceed

May 4, 2015
 Associated Press
A federal judge has ruled that a northern Indiana woman can proceed with her lawsuit alleging negligence in a miscarriage she suffered while in custody.
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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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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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