Civil Case - The Indiana Lawyer

Despite state’s ‘negligence or malice,’ court denies ballot-access injunction

September 9, 2019 | Olivia Covington

An Indianapolis resident who wanted to add his name to the November mayoral ballot cannot do so now that a federal judge has upheld a finding by the Marion County Election Board that the would-be candidate failed to acquire enough legitimate voter signatures. However, the court also raised concerns about language on a candidate form that could make it “more difficult for voters to support independent candidates,” yet found the language was not enough of a burden to overrule the board’s decision.

Fired Elkhart city attorney fails to overcome appointee determination

September 6, 2019 | Marilyn Odendahl

A former Elkhart city attorney who was told she was being fired because the new mayor wanted “to hire my own guy” could not overcome the precedent the Northern Indiana District Court used to determine she was an appointed policymaker and therefore not covered by federal protections.

Divided ruling: Felony reduced to misdemeanor means longer expungement wait

September 6, 2019 | Dave Stafford

The Indiana Court of Appeals on Friday asked the Indiana General Assembly for guidance as it sharply divided over whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking to expunge their criminal records. The majority ruled they should, a result the dissenting judge called “unjust and ill-advised.”

Family sues IMPD officer accused of striking boy, 17

September 5, 2019 | Associated Press

The family of a 17-year-old Indianapolis boy who was punched by a police officer outside a school last week is suing the officer.

7th Circuit: Indiana prison mailbox rule misinterpreted in slip-and-fall case

August 30, 2019 | Katie Stancombe

A prisoner who filed a complaint against a customer services company after injuring himself in a kitchen slip and fall has had his case reinstated by the 7^th Circuit Court of Appeals. The panel concluded Indiana’s prison mailbox rule had been misinterpreted in dismissal of the man’s case.

Candidate’s suit challenges caucus to pick Johnson County prosecutor

August 29, 2019 | IL Staff

The selection of a new Johnson County prosecutor will continue as scheduled Thursday night, even though one of the candidates filed a lawsuit attempting to stop the Republican Party caucus to select a successor to Bradley Cooper, who was removed from office.

COA orders sewer dispute to be ‘plunged’ from docket

August 28, 2019 | Olivia Covington

The Indiana Court of Appeals urged litigants to “move on in good faith” from a case that is a “waste of everyone’s resources” as it handed down its second decision in a nearly 20-year sewer dispute between a northern Indiana town and a local real estate owner.

Divided COA voids casino tax-sharing agreement

August 28, 2019 | Katie Stancombe

A city and county’s agreement to share tax revenue from a southeastern Indiana riverboat casino is void, an Indiana Court of Appeals majority ruled, but a dissenting judge held that the agreement should continue.

Reports: OxyContin maker negotiating possible $12B settlement

August 28, 2019 | Associated Press

Purdue Pharma and the thousands of state and local governments suing the maker of OxyContin over the nation’s deadly opioid crisis are negotiating a $10 billion to $12 billion settlement under which the Sackler family would give up ownership of the company, according to published reports.

Judge rules Miami County must pay for repairs to 6 dams

August 27, 2019

A judge has ruled that a northern Indiana county must pay for repairs to six aging dams in a lake-filled housing development.

Judge orders opioid maker to pay $572 million in landmark opioid lawsuit

August 27, 2019 | Associated Press and IL Staff

An Oklahoma judge on Monday found Johnson & Johnson and its subsidiaries helped fuel the state’s opioid crisis and ordered the consumer products giant to pay $572 million, more than twice the amount another drug manufacturer agreed to pay in a settlement.

7th Circuit affirms CERCLA ruling in Beech Grove lead cleanup

August 23, 2019 | Katie Stancombe

The 7^th Circuit Court of Appeals has affirmed a district court’s ruling against a Beech Grove manufacturing company over who should bear the costs of cleaning up a contaminated lead smelter site.

Web Exclusive: ILS files labor-trafficking suit for migrant workers

August 21, 2019 | Katie Stancombe

A recently filed complaint on behalf of several foreign nationals who have traveled to the United States for work has Indiana Legal Services Migrant Farmworker Law Center attorney Kristin Hoffman excited.

Positive drug test from driver’s hair weave creates legal tangle

August 14, 2019 | Katie Stancombe

A woman whose hair weave sample returned a positive test after she claims she was denied the chance to submit her natural hair for a random employment drug screen will have a chance to make a negligence claim against the lab, a federal court ruled.

Indiana couple sues Uber over fatal fight with Kentucky driver

August 14, 2019 | Associated Press

An Indiana couple is suing Uber over a fatal fight with a Kentucky driver they say pulled a gun on them last summer.

Woman jailed over pursuit of debt wins partial judgment

August 13, 2019 | Katie Stancombe

A woman arrested for failing to pay off a health club debt she thought had been discharged nearly 10 years earlier partially won a judgment against the law firm that pursued collection on the debt.

Indiana Guard chief resigns days after retaliation suit’s filing

August 13, 2019 | Associated Press

The leader of the Indiana National Guard is resigning days after a former contract worker accused him of retaliating against her for reporting his alleged affair with a subordinate.

Ruling affirmed for woman in emailed debt collection notice case

August 9, 2019 | Katie Stancombe

Judgment for a woman who was sent two debt collection notices by email has been affirmed by the 7^th Circuit Court of Appeals, which found the emails did not contain statutorily required disclosures.

Web Exclusive: Immigration attorneys advise clients to know their rights in ‘scary time’

August 7, 2019 | Katie Stancombe

Before Indianapolis immigration attorney Clare Corado learned anything about the practice of law, she assumed her then-undocumented husband would be able to apply for a green card because of her U.S. citizenship. But it wasn’t so easy.

IOLTA revenue to serve indigent rises

August 7, 2019 | Marilyn Odendahl

The conversation about civil legal aid in Indiana is still focused on money, but for the first time in nearly a decade, the talk is of dollars increasing rather than dwindling.

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