lawsuit

Indiana owner of Wright house sues over historic designation

September 1, 2016
 Associated Press
The owner of a northeastern Indiana home designed by famed architect Frank Lloyd Wright is suing Fort Wayne officials over the home's historic designation.
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Indiana man mistakenly shot by cop: 'Why did you shoot me?'

August 29, 2016
 Associated Press
An Indianapolis man who was mistakenly shot by a police officer responding to an armed robbery said Friday that he isn't certain he will sue the city over the shooting.
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Alere sues Abbott to force completion of $5.8B deal

August 26, 2016
 Bloomberg News
Alere Inc. sued Abbott Laboratories claiming the medical-device maker failed to get U.S. antitrust clearance for their $5.8 billion merger agreement, potentially scuttling the controversial deal.
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GM wins ignition-switch trial, but legal woes aren’t over

August 26, 2016
 Bloomberg News
General Motors Co.’s victory in a Houston courtroom Thursday makes the carmaker three for three in trials related to an ignition-switch defect, but its legal entanglements may stretch on for years.
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Monarch affiliate gets big win in effort to sell liquor

August 26, 2016
Hayleigh Colombo, IBJ Staff
A Marion County Superior Court judge has ruled in favor of a Monarch Beverage Co. affiliate called Spirited Sales LLC in its quest to gain a permit to wholesale liquor, a win in Monarch’s years-long effort to enter the spirits business.
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Disabled passenger’s PI suit against Austrian Airlines stays in Indiana

August 25, 2016
Dave Stafford
A Crown Point woman who claims employees of Austrian Airlines broke her leg after failing to accommodate her disability may proceed with her federal lawsuit in Hammond, a judge has ruled.
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Is a granola bar 'natural' if there's a pesticide in it?

August 25, 2016
 Bloomberg News
New lawsuits filed Wednesday target what they say are small amounts of the world's most popular pesticide in granola bars ostensibly "made with 100% natural whole grain oats."
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Lilly, partner lose court fight over testosterone treatment

August 23, 2016
John Russell, IBJ Staff
Eli Lilly and Co. and its partner cannot stop competitors from selling generic versions of testosterone treatment Axiron, a federal judge in Indianapolis has ruled.
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Muslim inmate sues central Indiana sheriff over halal diet

August 18, 2016
 Associated Press, IL Staff
A Muslim inmate is using Indiana's religious freedom statute in part to sue a central Indiana sheriff for denying him a diet that follows Islamic dietary laws.
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Hall of Fame pledges to refund tickets, parking, hotel for Colts-Packers debacle

August 18, 2016
IBJ Staff
The decision comes after four fans file a class-action lawsuit in federal court on behalf of all ticket holders who lost out when the game was canceled.
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Former Indiana trooper reaches $450K settlement with Floyd County

August 18, 2016
 Associated Press
A former Indiana State Police trooper convicted twice but later acquitted in the slayings of his wife and two children will receive a $450,000 settlement from a southern Indiana county that helped prosecute him.
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Maxim party promoter sues Speedway over lackluster ticket sales

August 17, 2016
IBJ Staff
The company that staged the Indy 500 Maxim Party at Indianapolis Motor Speedway on May 27 of race weekend has sued the speedway in federal court, claiming that it didn’t do enough to help publicize the sparsely attended event.
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GM CEO Barra tells jury company flubbed fatal ignition flaw

August 16, 2016
 Bloomberg News
General Motors Co. failed to designate a flawed ignition switch linked to multiple deaths and injuries as a safety concern, Chief Executive Officer Mary Barra told jurors at a Texas trial.
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Inmate suit alleging no water for 10 days proceeds

August 11, 2016
Dave Stafford
An inmate who claims corrections officers at Westville Control Unit refused to provide him water for 10 days in December 2015 may proceed with his suit against them alleging cruel and unusual punishment, a federal judge ruled.
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Couple sues, claims neighborhood unsafe with Pokemon gamers

August 11, 2016
 Bloomberg News
Wahby Park in St. Clair Shores, Michigan, used to be a quiet spot for a dozen or so residents to go for a stroll around sunset. Then came hundreds of smartphone-wielding, garden-stomping Pokemon players.
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Indiana woman seeks to end suit against preaching ex-trooper

August 10, 2016
 Associated Press
An Indiana woman who sued a now former state trooper, claiming he violated her civil rights by preaching to her during a traffic stop, wants to end her lawsuit.
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Lawsuit planned by fans over called-off Hall of Fame game

August 10, 2016
 Associated Press
Several fans who traveled to Canton, Ohio, for the National Football League Hall of Fame game that was canceled on Sunday night because of poor field conditions are planning to sue the NFL and the hall.
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Legal battles spark EPA to set emission standards for composite wood products

August 10, 2016
Marilyn Odendahl
Nearly 11 years after the survivors of Hurricane Katrina began blaming their FEMA trailers for their health problems, the U.S. Environmental Protection Agency has issued a new rule addressing what is believed to have been the main cause of their suffering — formaldehyde.
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GM seeks to extend winning streak in Texas ignition-switch trial

August 9, 2016
 Bloomberg News
General Motors Co. has put two civil trials over its defective ignitions behind it without a loss. A third trial started Tuesday in what could be one of its toughest cases: a Texas teenager arrested for manslaughter in a death later linked to the faulty switch seeks compensation.
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NCAA athletes allowed to pursue $1B compensation case

August 8, 2016
 Bloomberg News
The National Collegiate Athletic Association must face claims by tens of thousands of current and former students testing the limits on how much compensation they can get for years of playing basketball and football.
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Whirlpool tries freezing copycat fridge filters with 40 lawsuits

August 8, 2016
 Bloomberg News
Whirlpool Corp. has filed 40 lawsuits to protect one replacement part: a $50 refrigerator water filter.
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Cialis users sue Lilly, claiming drug has ties to skin cancer

August 5, 2016
IBJ Staff
Seven men who took Cialis pills to treat erectile dysfunction sued Indianapolis drugmaker Eli Lilly and Co. this week, claiming they later suffered from skin cancer that was related to the medicine.
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COA affirms plaintiff can’t succeed on environmental action claims

August 4, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed Thursday that based on the statute of limitations the owners of contaminated land can’t assert environmental claims against previous owners of the land who contributed to the contamination.
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Pokemon goes to court in backyard monster trespassing case

August 3, 2016
 Bloomberg News
A New Jersey resident with a pocket monster in his backyard filed what may be the first lawsuit against Niantic Inc. and Nintendo Co. for unleashing Pokemon Go across the U.S., claiming that players are coming to his home uninvited in their race to “catch ’em all.”
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Judge blocks release of Trump's video testimony

August 3, 2016
 Associated Press
A federal judge who has been a target of Donald Trump's repeated scorn on Tuesday denied a media request to release videos of the Republican presidential candidate testifying in a lawsuit about the now-defunct Trump University — images that Trump's attorneys had argued would have been used to tarnish the campaign.
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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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