Articles

Neighbors ask for rehearing on Right to Farm Act dispute

Supporters and opponents are mobilizing after the neighbors of an 8,000-hog farm in Hendricks County asked the Indiana Court of Appeals to reconsider its earlier ruling that found their nuisance claim based on the “noxious odors” from the farming operation was barred under Indiana’s Right to Farm Act.

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Judgment for trooper in motorcycle crash suit reversed

A motorcyclist injured in a crash after he attempted to evade a head-on collision with an oncoming state police trooper’s vehicle will have his day in court after the Indiana Court of Appeals reversed a trial court ruling for the officer.

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House resolution would make it easier to enforce subpoenas

A resolution being voted on Tuesday in the House would make it easier for Democrats to sue President Donald Trump’s administration and other potential witnesses who refuse to comply with subpoenas. The House resolution would authorize lawsuits against Attorney General William Barr and former White House counsel Don McGahn for defying subpoenas pertaining to special counsel Robert Mueller’s report.

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7th Circuit debt collection ruling creates split among circuits

A woman who wasn’t informed she needed to respond to a debt collection letter in writing lost at the 7th Circuit Court of Appeals, whose ruling that the collection agency simply made a mistake that didn’t cause her any injury created a split among circuit courts. Three judges authored a published dissent from a subsequent denial of rehearing en banc. 

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Justices: Trucking contract jurisdiction dispute may yield new rules

The Indiana Supreme Court affirmed the dismissal of a Hoosier trucking company’s amended complaint regarding a clause in a driver’s contract, although it found error with the dismissal’s basis on lack of personal jurisdiction. Justices also said this case will prompt consideration of rules so litigants can move to enforce contractual forum-selection clauses.

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Judge to hear bid to block Indiana abortion procedure ban

A federal judge is set to take up the American Civil Liberties Union’s bid to block a new Indiana law that would ban a second-trimester abortion procedure. A judge in Indianapolis was scheduled to hear arguments Monday from the state’s attorneys and the ALCU of Indiana, which is seeking a preliminary injunction to prevent the ban on dilation and evacuation abortions from taking effect July 1.

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Suit: Franklin schools failed to stop student from being bullied

A central Indiana teenager with special needs is suing her local school district, alleging it failed to stop “severe and pervasive” bullying she has faced in school. The federal lawsuit filed May 13 in Indianapolis against the Franklin Community School Corp. doesn’t identify the girl.

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Purdue Title IX sexual assault lawsuit still awaiting 7th Circuit decision

The campus sexual assault lawsuit brought by an unidentified male student against Purdue University, which was one of the first such cases to be heard by a federal appellate court since the U.S. Department of Education issued its “Dear Colleague” letter in 2011, is still awaiting a ruling from the 7th Circuit Court of Appeals while the number of similar complaints being added to the dockets of circuit courts around the country continues to grow.

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7th Circuit vacates ruling in light of new uniform-rental law

The 7th Circuit Court of Appeals has vacated in part a Southern District Court’s decision, asking it to reconsider whether an amended Indiana wage-deduction law could be retroactively applied to claims made against a former employer for withholding employee wages to rent work uniforms.

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Judgment for INDOT upheld in fatal crash litigation

Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.

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COA: No error in ruling over disputed gravel driveway

A dispute between two neighbors concerning who was permitted use a gravel driveway splitting their properties ended in favor of a woman who argued she paid taxes and had been using the entry for more than 20 years before her neighbors showed up.

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