COA sides with Live Nation in naming dispute
The Indiana Court of Appeals has affirmed the trial court’s dismissal of the Murat Temple Association’s claim that Live Nation Worldwide violated terms of its lease agreement.
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7th Circuit upholds denial of class action, statutory damages
In an appeal of the denial of a proposed class-action lawsuit based on the finding the attorney was inadequate to represent the class, the 7th Circuit Court of Appeals noted that the attorney’s demeanor on appeal didn’t help his cause.
Indiana AG sues Florida foreclosure firm owned by lawyer
Indiana Attorney General Greg Zoeller has filed a complaint against a for-profit Florida foreclosure consultant company that Zoeller claims operated illegally in 15 Indiana counties and failed to provide refunds to customers after services were not provided.
Justices reverse ruling against hospital on spoliation claim
Relying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court has declined to recognize similar claims regarding medical malpractice suits.
COA allows for admission of vehicle photo in personal injury action
The Indiana Court of Appeals addressed for the first time the issue of whether a photograph admitted at trial showing little damage to a truck involved in an accident is inadmissible on the grounds that it’s irrelevant to any determination of bodily injury.
Indiana joins suit against for-profit college company
Indiana has filed a joint complaint in a whistleblower suit against Education Management Corp., which alleges the for-profit college company and two of its subsidiaries received more than $12 million in state financial aid after making false claims and misrepresentations to the state.
Hospital doesn’t owe attorney any contingency fees
A Kokomo attorney is not entitled to collect his contingency fees from a hospital in his representation of a patient caught in an insurance dispute, the Indiana Court of Appeals has held.
No summary judgment on issue of whether complaint was timely filed
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a medical malpractice action, finding there are questions around whether the plaintiff timely filed the proposed complaint.
Judges ask family to end litigation over parents’ interments
In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”
Justices accept 5 cases
The Indiana Supreme Court has granted transfer to five cases, including a first impression issue dealing with Social Security income and restitution.
Judge approves proposed settlement agreement
A federal judge has approved a proposed settlement agreement in a class-action lawsuit against the Indiana Family and Social Services Administration alleging that an agency policy that doesn’t allow certain Medicaid waiver enrollees to apply for services other than what’s been approved by their case manager is in violation of federal Medicaid law.
Indiana man takes lawyer-admission case to 7th Circuit
A Fort Wayne man who claims he’s being prevented from becoming an Indiana attorney because of his religious beliefs is asking the 7th Circuit Court of Appeals to decide whether a lower federal court properly dismissed his case.
Trial court shouldn’t have struck expert witness affidavit
The Indiana Court of Appeals reversed summary judgment for a doctor in his attempt to collect an unpaid medical bill, finding the trial court erred when it struck the affidavit of an expert witness designated by the defendant.
Golf course manager suing DuPont over herbicide
An Indianapolis-based golf course manager is leading a national class-action lawsuit charging that a herbicide manufactured by DuPont is killing trees and other vegetation.
Hail creates firestorm for State Farm
Hailstorm damages more than property, resulting in $14.5 million defamation verdict against the insurer.
Fight over judicial salaries raises separation of powers questions
Questions arise as to whether legislative or executive branch tinkering with judicial salaries interferes with the courts’ constitutional duties and infringes on judicial independence.
Ruling against local planning, zoning officials has statewide implications
Deciding where the planes fly in or out of an airport and how land and buildings are used on airport grounds became the pivotal issue in a recent lawsuit in Marion Superior Court.
Class action alleges UPL
The plaintiffs’ lawyers will use the United Financial decision from the Indiana Supreme Court to make their argument.
COA upholds $12 garnishment
A Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.
AG sues to recover $18,000 from LaGrange County clerk
Indiana Attorney General Greg Zoeller has filed a civil suit against Beverly S. Elliott, LaGrange County clerk, seeking more than $18,000 in misappropriated funds. Elliot is also facing criminal charges following an investigation by the State Board of Accounts and the Indiana State Police.