lawsuit

Ex-BMV chief, others knew about overcharges, report says

March 23, 2015
 Associated Press
Former Indiana Bureau of Motor Vehicles Commissioner R. Scott Waddell and other top officials knew for years that residents were being overcharged for driver's licenses and other fees but did nothing to stop it until a class-action lawsuit was filed in 2013, a newspaper investigation found.
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Yorktown tweaks canvassing ordinance after ACLU lawsuit

March 23, 2015
 Associated Press
A central Indiana town sued by a consumer advocacy group over its restrictions on door-to-door canvassing has changed a town ordinance to remove the contested language.
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Steak n Shake parent wins court victory amid proxy challenge

March 20, 2015
IBJ Staff
Biglari Holdings Inc. has won a major legal victory as a separate fight with a dissident shareholder turns personal. A lawsuit brought by shareholders of the Steak n Shake parent accusing CEO Sardar Biglari and directors of breaching their fiduciary duties has been dismissed by a federal judge in Indiana.
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Widow of Mel Simon sues government to recoup $21.4M

March 19, 2015
Scott Olson, IBJ Staff
The widow of Mel Simon is suing the U.S. government over a tax dispute in which she claims she is owed a refund of more than $20 million related to financial contributions he made to the Indiana Pacers totaling $83 million.
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Joint defense agreement does not prevent trust from suing attorney

March 18, 2015
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed that a joint defense agreement entered into by an attorney and the trust he helped to set up and for which he served as trustee did not bar the trust’s later lawsuit against him for claims arising from their business relationship.
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Justices affirm brother committed 3 separate breaches of contract

March 18, 2015
Jennifer Nelson
The Indiana Supreme Court agreed with the Court of Appeals on Tuesday that a man who purchased three properties outside of the joint business with his brother breached a noncompetition agreement with respect to all three properties.
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NCAA appeal says students will lose if amateur sports rules tossed

March 18, 2015
 Bloomberg News
Professional sports and higher education are a losing combination for American college students and fans. That was the National Collegiate Athletic Association’s game-day argument as it seeks to reverse a judge’s ruling that the organization behind March Madness and January bowl games is running a multibillion-dollar cartel that cheats athletes.
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Tax Court lacks jurisdiction to hear casino’s claim

March 17, 2015
Jennifer Nelson
The Indiana Tax Court on Monday dismissed a northern Indiana casino’s appeal of the LaPorte County treasurer’s failure to refund paid innkeeper’s tax, finding the court lacks subject matter jurisdiction.
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Indiana sues auto parts dealer over unpaid fine, auto fluids

March 16, 2015
 Associated Press
Indiana's environmental agency is suing an auto parts dealer who was ordered last year to pay a $10,000 fine and clean up automotive fluids and other materials at his Muncie business.
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Trial court incorrectly determined company could collect all delinquent taxes

March 12, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a $1.4 million judgment in favor of a company hired by Lake County to collect delinquent real property taxes, finding the lower court improperly interpreted the collections contracts as a matter of law.
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Anthem customers’ attorneys will have to prove injury

March 11, 2015
Marilyn Odendahl
Since health insurance giant Anthem Inc. announced millions of customers’ information had been stolen in a data breach, class-action lawsuits against the company have been filed in federal courts across the country. Although the breach is unprecedented and consumers are fearful their identities will be stolen, the plaintiffs may not have been harmed according to the law.
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More lawsuits filed in December Megabus crash in Indiana

March 9, 2015
 Associated Press
More lawsuits have been filed by Megabus passengers injured when a double-decker bus rolled onto its side in southern Indiana in December.
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SCOTUS to 7th Circuit: Review Notre Dame birth control case

March 9, 2015
 Associated Press, IL Staff
The Supreme Court is ordering the 7th Circuit Court of Appeals to take another look at the University of Notre Dame’s lawsuit concerning the overhaul of federal health care rules on paying for contraceptives.
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Federal judge fines abusive filer $1,200, bars future suits

March 6, 2015
Dave Stafford
A man who’s filed nearly four dozen lawsuits against defendants from “Bobby” to President Barack Obama lost his federal court privileges this week.
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Lawsuit over Covanta recycling center plan set for hearing

March 6, 2015
Kathleen McLaughlin, IBJ Staff
A lawsuit prompted by Indianapolis Mayor Greg Ballard’s controversial recycling-plant deal is set for hearing March 10.
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Court affirms $100,000 in attorney fees to bank for defending groundless claim

March 5, 2015
Jennifer Nelson
A woman who claimed a bank acting as trustee breached its fiduciary duties by selling stock of JP Morgan Chase over the course of several years is still on the hook for more than $100,000 in attorney fees and costs to the trustee, the Indiana Court of Appeals affirmed Thursday. The COA agreed Susan Moeder brought a groundless claim against Salin Bank and Trust Co. after it sought to resign as trustee.
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Patients sue Lilly, claim Cymbalta withdrawal hazards

March 4, 2015
Dave Stafford
Two federal lawsuits filed in Indianapolis allege Eli Lilly’s top-selling antidepressant Cymbalta caused almost immediate dangerous withdrawal symptoms when patients attempted to stop using the medication.
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7th Circuit reinstates alleged racketeering lawsuit

March 2, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the decision of a federal judge to dismiss a man’s lawsuit because it is barred by the Rooker-Feldman doctrine. A man who had his gas station foreclosed upon claimed the defendants acted in cahoots to defraud him out of his business.
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COA affirms attorney fees in frivolous suit challenging Logansport P3 deal

March 2, 2015
Jennifer Nelson
A woman’s lawsuit that claimed the city of Logansport had to pass an ordinance formally adopting the Public-Private Agreements Act before entering into a P3 deal was frivolous and in bad faith, thus justifying the award of attorney fees to the city, the Court of Appeals affirmed.
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Chronic litigator’s suit seeking $3 trillion tossed with warning

March 2, 2015
Dave Stafford
A federal judge has had about enough from a litigant who has brought so many frivolous lawsuits that he may be barred from filing future complaints.
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Nurse who survived Ebola sues Dallas hospital system

March 2, 2015
 Associated Press
A 26-year-old nurse who contracted Ebola while caring for the first person in the U.S. diagnosed with the deadly disease has filed a lawsuit against the parent company of the Dallas hospital where she worked.
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Ex-Chandler commission member’s lawsuit continues after COA ruling

February 26, 2015
Jennifer Nelson
The member of a town’s advisory plan commission who was appointed to a four-year term, then unanimously recalled, will be allowed to go forward with his lawsuit stemming from his removal, the Indiana Court of Appeals ruled.
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South Bend council urged to stop seeking police recordings

February 25, 2015
 Associated Press
Two of the four South Bend police officers whose telephone recordings are at the center of a police wiretapping case want city council members to end their pursuit of those recordings.
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Amended complaint: Marion County inmates held days after release ordered

February 25, 2015
Dave Stafford
Released inmates in Indianapolis are subjected to a “standard operating procedure” of re-arrest and being held behind bars – sometimes for days – after being acquitted, freed by a judge or posting bond, alleges an amended federal complaint filed against the Marion County Sheriff’s Department.
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Professor says verdict highlights need for Congress to revisit terrorism law

February 24, 2015
Marilyn Odendahl
A historic $218.5 million verdict handed down Feb. 23 against Palestinian organizations for a series of terrorist attacks that killed or injured several U.S. citizens could bring unintended consequences and should cause Congress to reexamine federal terrorism statutes, according to a prominent Indiana legal scholar.
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  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

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