lawsuit

7th Circuit blasts Evansville flash bang search, notes racial factor

August 3, 2015
Dave Stafford
Evansville police “committed too many mistakes to pass the test of reasonableness” in a bungled home search and are not shielded from a federal excessive force lawsuit, the 7th Circuit Court of Appeals ruled Friday.
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NCAA granted stay in O'Bannon case; payments delayed

August 3, 2015
 Associated Press
The NCAA was given a respite Friday when the 9th U.S. Circuit Court delayed the implementation of possible payments to athletes for the use of their names, images and likenesses.
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Judge: Indiana prisoner’s peyote suit must proceed

July 30, 2015
Dave Stafford
An Indiana inmate’s federal lawsuit claiming he has a religious right to use peyote and tobacco must proceed, a judge ruled, though she also made clear state officials may seek a motion to dismiss the case.
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Judge: Landowners can't keep public off Lake Michigan beach

July 30, 2015
 Associated Press
A man who owns a piece of Indiana’s short stretch of Lake Michigan shoreline and said he had “complete and exclusive ownership” of its beachfront holds no such right and cannot deny the public access to that space, a judge has ruled.

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Committee plans medical malpractice checkup

July 29, 2015
Dave Stafford
Whether Indiana should allow Hoosiers to recover more than $1.25 million in medical malpractice lawsuits is one of the key questions lawmakers will be exploring next month. Some lawyers who represent plaintiffs and defendants in such cases say it’s probably time the cap on damages was raised.
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State must pay legal fees in unclaimed property appeal

July 24, 2015
Dave Stafford
A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.
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Suit: County worker fired for objecting to gay marriage

July 24, 2015
 Associated Press
A former deputy clerk from southern Indiana says in a federal lawsuit she was fired for refusing to process a same-sex couple’s marriage application.
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Judge tired of discovery spats in airport insurance dispute

July 23, 2015
Dave Stafford
The latest dispute in a contentious multi-million-dollar insurance coverage lawsuit arising from a terminal construction mishap at Indianapolis International Airport has led a federal judge to single out opposing counsel in the case.
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Winning plaintiff agrees prejudgment interest award not warranted

July 22, 2015
Marilyn Odendahl
A real estate investor who was successful in her protracted feud with her real estate broker acknowledged an error in the calculation of her award and induced the Indiana Court of Appeals to make a reversal.
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Former HHGregg manager wins class-action suit over bonuses

July 22, 2015
Scott Olson, IBJ Staff
A former HHGregg Inc. manager has won his lawsuit charging that the company failed to pay incentive bonuses after reaching certain financial goals.
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Judgment for city on wrongful arrest claim affirmed

July 22, 2015
Dave Stafford
An Indianapolis man who claimed he was the victim of wrongful arrest and malicious prosecution may not pursue his federal civil rights lawsuit against the city and the arresting officer, but he may go to state court to sue the neighbor who claimed the man broke into his house and assaulted him.
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Deaf courtroom spectator gets $124,500 settlement from state of Indiana

July 20, 2015
Marilyn Odendahl
A deaf Indiana man who was denied a sign-language interpreter in court has reached a $124,500 settlement with the state of Indiana.
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Judge OKs $60 million settlement in NCAA video game case

July 20, 2015
 Associated Press
A federal judge approved a $60 million settlement for college athletes in a class-action lawsuit filed against the NCAA and video-game maker Electronics Arts.
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Teamsters sue regional airline over bonuses for new pilots

July 15, 2015
 Associated Press
Unions say that low pay is creating a pilot shortage at regional airlines, but the Teamsters are taking the unusual step of suing an airline for giving more money to pilots it represents.
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Manager suing state child welfare agency over caseload

July 15, 2015
 Associated Press
A lawsuit filed on behalf of a Department of Child Services family case manager contends her caseload is more than twice what Indiana law allows, and the excessive work puts children at risk.
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Cook deluged by blood-clot filter lawsuits

July 15, 2015
J.K. Wall
Patients from around the country have filed 100 lawsuits against Bloomington-based Cook, alleging that some of its blood-clot filters have broken apart, moved or poked through the blood vessel where they are implanted, the inferior vena cava, which brings blood from the lower body back to the heart.
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Court to abusive litigant: Pay filing fees or you’re done

July 13, 2015
Dave Stafford
A Washington, D.C., man who has scribbled illegible, abusive lawsuits against presidents, Congress, celebrities and many others in federal courts around the country – sometimes seeking trillions of dollars – can’t do that anymore in the Southern District of Indiana without first paying filing fees, a judge has ruled.
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7th Circuit reversal: Kansas FedEx drivers employees, not contractors

July 9, 2015
Dave Stafford
Kansas FedEx truck drivers are company employees and not independent contractors, the 7th Circuit Court of Appeals ruled Wednesday, reversing a key ruling in continuing multi-district litigation.
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Tardy defendant gets a do-over from the COA

July 9, 2015
Marilyn Odendahl
A homeowner who arrived at the courthouse nine minutes after a judgment was entered against him will still get to have his day in court.
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Pot-smoking Indianapolis church sues over marijuana laws

July 9, 2015
 Associated Press
A pot-smoking church sued the city of Indianapolis and state of Indiana on Wednesday, claiming laws against possession and use of marijuana infringe on its religious beliefs.
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Lilly, partner sue Lupin over generic testosterone

July 8, 2015
 Bloomberg News
Indianapolis-based Eli Lilly and Co. and Acrux DDS Pty Ltd. have filed a lawsuit against Lupin Pharmaceuticals Inc. for alleged infringement of patents that cover the testosterone treatment Axiron.
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7th Circuit rejects second challenge at ACA contraception mandate

July 2, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
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7th Circuit slams lawyer, sets new law on fees

July 2, 2015
Dave Stafford
An Indianapolis attorney who appealed a class-action lawsuit seeking a share of his clients’ compensation on top of a statutory award of fees was called out by the 7th Circuit Court of Appeals, which denied his appeal and affirmed the judgment of the U.S. District Court for the Southern District of Indiana.
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Unambiguous contract means lower commission for employee

July 1, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals tossed a jury’s award of $1.5 million, finding the terms of the employee’s incentive plan were unambiguous and the trial was unnecessary.
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MDL panel picks California for Anthem lawsuits

July 1, 2015
Marilyn Odendahl
Indianapolis law firms that filed suit against the insurance giant after massive cyberbreach are surprised cases won’t be tried in Indiana
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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