Judge denies state’s motion to dismiss school-funding lawsuit
A lawsuit brought by parents and three school corporations regarding the state’s school-funding formula has been allowed to proceed, a Hamilton Superior judge ruled.
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Attorneys ask judge to recuse himself from Simon case
Attorneys for Bren Simon turned their ire toward a Hamilton County judge on Tuesday, asking him to recuse himself from a legal battle over real estate magnate Melvin Simon's $2 billion estate.
Attorney general wants to rewrite civil forfeiture law
Indiana Attorney General Greg Zoeller is asking legislators to make changes to the state’s civil forfeiture law during the 2011 session. He wants to work with lawmakers to create and pass a bill that establishes a formula on how forfeitures would be distributed and enacts stricter regulations on the use of outside counsel to file civil forfeiture actions on behalf of prosecutors.
Circuit Court reverses stay on producing public records
A northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed by federal law because the request constituted discovery proceedings.
Court tosses use of contempt as way to order debt payment
The Indiana Court of Appeals says that a southern county’s local rule permitting the use of contempt powers to enforce civil judgment payments violates the Indiana Constitution.
7th Circuit affirms attorney’s fees award under Lanham Act
Finding a plaintiff’s actions frivolous, the 7th Circuit Court of Appeals today has affirmed a District Court’s grant of attorney’s fees to a company that successfully defended itself after selling lamps to the plaintiff home health care provider. The 7th Circuit also granted the defendant’s motion for fees and costs pursuant to Rule 38 of the appellate rules.
Indiana traffic court issues dent judiciary’s public perception
Two central Indiana traffic court judges are under fire for their conduct and practices in their courtrooms, with one Marion Superior judge facing disciplinary charges after sparking statewide legislative changes and criticism from the Indiana Court of Appeals.
Lawyers in uncharted waters with 358 med-mal claims against former physician
If ever there was a line of litigation symbolizing a “cornucopia of legal issues,” then it’s the string of claims against the former Merrillville sinus specialist known as “The Nose Doc.”
Grand jury indicts recycler for racketeering
A Marion County grand jury has returned an eight-count indictment against OmniSource Corp., accusing the metal recycling powerhouse of racketeering and receiving stolen property.
Minister sues Christian bookstore
A Northwestern Indiana minister has filed a lawsuit against a Christian bookstore claiming racial discrimination when he was told to leave the store and that he would be arrested if he ever returned.
AG files suit against foreclosure consultants
Indiana Attorney General Greg Zoeller filed lawsuits today against five foreclosure consulting companies accused of violating state laws.
Military-leave suit targets law firm
The U.S. Department of Justice says an Indianapolis law firm wrongfully refused to re-employ a staff attorney who'd returned from serving in Iraq as a member of the Indiana Army National Guard.
SCOTUS: Plaintiffs can sue drug companies
The U.S. Supreme Court says pharmaceutical companies can be sued in state court over alleged drug effects, even if the Food and Drug Administration has approved the medication and its warning label.
Protective order issued in National Guard suit
A magistrate judge has issued a protective order to preserve and maintain the confidentiality of certain documents in a lawsuit filed by members of the Indiana National Guard against a contractor working in Iraq.
Lawyers ask for $3 or $109 million in RICO case
A federal judge is being asked to impose damages ranging anywhere from $3 to $109 million in a landmark racketeering suit.
Officers say wrong textbook hurt promotions
Three current Indianapolis Metropolitan Police Department officers have filed a suit against the city because they received the wrong textbooks to study for a promotion examination.
Fired deputy files suit over Taser training
A former Hamilton County Sheriff's deputy is suing the county's sheriff for firing him last year because he refused to be shocked by a Taser as part of a training session.
SCOTUS recusal ruling cited in judicial-canon case
A federal judge in Fort Wayne is deciding whether the state's judicial conduct code should be able to restrict judicial candidates from answering surveys about views on issues they might someday hear in court.
Civil penalty claim against BP to move forward
A U.S. District judge in Hammond has dismissed two counts against gas company BP Products North America, finding he has jurisdiction to hear the claims but deciding not to do so because of similar action ongoing elsewhere.
COA invites high court to revisit Indiana law
In a case involving the purchase of a home, Indiana Court of Appeals judges today disagreed as to whether the home sellers should be granted summary judgment in a fraud suit. The judges unanimously did agree to encourage the Indiana Supreme Court to re-evaluate a rule that protects a seller from a lawsuit, even if he lies about a property, as long as the prospective buyer had a reasonable opportunity to inspect the property.