lawsuit

PepsiCo's Quaker sued for not flagging pesticide in oatmeal

May 3, 2016
 Bloomberg News
Consumers in New York, California and Illinois sued PepsiCo Inc.’s Quaker Oats for false advertising, claiming the brand’s signature product contains a possible carcinogen that is not listed as an ingredient.
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J&J faces 1,000 more talc-cancer suits after verdict loss

May 3, 2016
 Bloomberg News
Johnson & Johnson must pay $55 million to a 62-year-old South Dakota woman who blamed her ovarian cancer on the company’s talcum powder in the second such trial loss this year.
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COA: Federal statute supersedes state one

April 22, 2016
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
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China: Can't sue Cabinet-level agency over Chinese drywall

April 22, 2016
 Associated Press
China's Ministry of Justice has sent back a lawsuit in which thousands of U.S. homeowners in six states say a Cabinet-level agency should pay for damage to their homes from defective drywall made in China.
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VW reaches outline agreement with US to overcome crisis

April 21, 2016
 Bloomberg News
Volkswagen AG agreed to fix or buy back about 500,000 tainted cars in the U.S., taking a significant step forward in its effort to emerge from the emissions-cheating scandal.
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Attorney: NCAA also deserves blame in UNC fraud scandal

April 21, 2016
 Associated Press
An attorney representing two ex-University of North Carolina athletes says the school and Indianapolis-based NCAA are both responsible for UNC's long-running academic fraud scandal that he says denied athletes a quality education.
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17 former Angie's List salespeople sue for overtime

April 20, 2016
Jeff Newman, IBJ Staff
Seventeen former salespeople for Angie’s List Inc. filed lawsuits Tuesday alleging the Indianapolis-based company systematically withheld payment for overtime hours they worked.
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State pays ACLU over $1.4M under Pence

April 20, 2016
Dave Stafford
Under the administration of Gov. Mike Pence, legal fees paid to the American Civil Liberties Union of Indiana have soared beyond $1.4 million and may approach $2 million, according to an Indiana Lawyer analysis.
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Painkiller distributors face trials

April 20, 2016
Marilyn Odendahl
Insurer argues to 7th Circuit Court of Appeals that it has no duty to defend in opioid prescription suit.
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VW owners seek trial if there's no fix in emissions case

April 19, 2016
 Associated Press
Lawyers representing thousands of people who own diesel Volkswagens that cheat on emissions tests are asking a judge to order repairs and compensation if the company and government regulators don't agree to a fix by Thursday.
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7th Circuit: Horse racing venture was a business

April 18, 2016
Scott Roberts
An Indiana man who ran a horse racing business had his tax deficiencies for the 2005 and 2006 tax years voided by the 7th Circuit Court of Appeals after Judge Richard Posner ripped apart an opinion by the U.S. Tax Court.
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7th Circuit: Copyright suit not timely

April 18, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a health care corporation’s attempt to gain back its copyright from materials it created to market a diabetes drug was not timely and affirmed dismissal of the suit.
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Florida artist suing Wine & Canvas for second time

April 15, 2016
Scott Olson, IBJ Staff
A Florida artist again is suing the Indianapolis-based Wine & Canvas chain, claiming its owners infringed upon the copyrights of her paintings by using them at the chain's painting parties without her permission.
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Lesbian spouses challenge Indiana birth certificate law

April 11, 2016
 Associated Press
An attorney for eight married lesbian couples argued Friday that the state of Indiana is discriminating against them by not allowing both women to be listed on their children's birth certificates, echoing a dispute that has led to similar lawsuits in several other states.
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How to solve the housing crisis: more lawyers

April 8, 2016
 Bloomberg News
The solution to a homelessness crisis that has accompanied the drop in affordable housing is to hire more lawyers: Give poor renters an attorney, and landlords will more likely settle eviction cases. Homelessness will fall, and the strain on city services will be relieved. Or so goes the logic.
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Women allege gender, race discrimination at Salesforce

April 8, 2016
Jared Council, IBJ Staff
Two women employed in the Indianapolis offices of Salesforce.com Inc. have filed federal discrimination lawsuits against the cloud-software giant, claiming the company passed them over for promotions on multiple occasions because of their race and gender.
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COA: Statute of limitations prevents business partner’s lawsuit

April 7, 2016
Scott Roberts
The Indiana Court of Appeals upheld summary judgment for a man who left one business partnership and started another and was later sued, ruling the statute of limitations on the disgruntled partner’s lawsuit had expired on both of his claims.
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Planned Parenthood files suit challenging new Indiana abortion law

April 7, 2016
Scott Roberts
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of Planned Parenthood of Indiana and Kentucky challenging the recently enacted legislation that does not allow women to get abortions if the fetus may have a disability or potential diagnosis of a disability.
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Patriots fans sue NFL over team's 'Deflategate' punishment

April 6, 2016
 Associated Press
A group of New England Patriots fans have sued the NFL in an effort to recover the first-round draft pick taken from the team as punishment for the "Deflategate" scandal.
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Civil forfeiture defendants file motion to dismiss

April 6, 2016
Marilyn Odendahl
Defendants in a civil forfeiture complaint lodged earlier this year in Marion Superior Court have filed a motion to dismiss on the grounds the plaintiffs and the court lack standing.
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Indiana State Police trooper sued again over proselytizing

April 6, 2016
 Associated Press
An Indiana State Police trooper faces a second lawsuit accusing him of preaching his faith to citizens while on duty.
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Broker sues after Colts cancel season-ticket renewal

April 4, 2016
Anthony Schoettle
A Pennsylvania ticket broker is suing the Indianapolis Colts over their revocation of his season tickets—a legal skirmish other brokers say appears to be fallout from efforts by the team to gain greater control over the secondary market and thin the ranks of resellers.
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Lawsuit: Fort Wayne cleanups violate rights of the homeless

March 31, 2016
 Associated Press
Indiana's second-largest city faces a federal lawsuit alleging that it is violating homeless residents' constitutional rights by destroying tents, coats, blankets and other property seized during sweeps of homeless camps.
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Hospital cyberattack highlights health care vulnerabilities

March 30, 2016
 Associated Press
A cyberattack that paralyzed the hospital chain MedStar this week is serving as a fresh reminder of vulnerabilities that exist in systems that protect sensitive patient information.
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Jury: GM car's bad ignition switch not to blame in crash

March 30, 2016
 Associated Press
A New York City jury found Wednesday that a flawed General Motors ignition switch was not to blame in a 2014 accident on an icy New Orleans bridge, handing the carmaker its second victory in a row in trials meant to help lawyers settle dozens of similar claims.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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