lawsuit - The Indiana Lawyer

Indiana joins brief seeking to halt EPA-led plan to clean up Chesapeake Bay

February 25, 2014

Decades of squabbles over cleaning up one of America’s most historic but polluted waters resulted in an agreement between states and the federal government that supporters say could restore the Chesapeake Bay to a swimmable, fishable national treasure. But if Indiana and other states without a direct stake in the Chesapeake have their way, the cleanup hashed out between bay states and the Environmental Protection Agency will be stopped.

Campus fraternity chapter may be liable for alleged hazing injury

February 25, 2014

A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.

Judge lets second suit alleging BMV overcharges proceed

February 21, 2014

Indiana Bureau of Motor Vehicles must answer a second complaint alleging the agency overcharged Hoosiers millions of dollars on almost 30 types of licenses or registrations, a judge ruled Wednesday.

Troubled Clark County Drug Court suspended

February 20, 2014

Claims that drug court participants in Clark County were jailed for months without cause and subjected to unauthorized searches and arrests by drug court staff have led the Indiana Judicial Center to suspend the problem-solving court in Jeffersonville.

Woman’s amended complaint is within limitations period

February 20, 2014

The Indiana Court of Appeals Thursday spurned a previous ruling from the court and instead looked to a Vermont case to decide that a woman’s amended complaint should not be dismissed for being outside the statute of limitations.

Cold beer sales hearing begins Thursday

February 19, 2014

A federal judge in Indianapolis Thursday will consider a group of convenience and grocery stores’ challenges to the state law prohibiting those businesses from selling cold beer.

Judges dismiss interlocutory appeal in Weinberger suit as untimely

February 18, 2014

The Indiana Court of Appeals has dismissed a patient’s interlocutory appeal in his medical malpractice lawsuit against former doctor Mark Weinberger and related entities, finding it has no jurisdiction to entertain the appeal.

21st Amendment again shut out of federal cold-beer suit

February 7, 2014

A federal judge Thursday affirmed a ruling that the Indianapolis-based 21st Amendment package liquor store chain is not entitled to intervene in a federal lawsuit challenging Indiana’s law prohibiting convenience and grocery stores from selling cold beer.

Court finds interview is not a violation of professional conduct rules

February 6, 2014

A federal magistrate in Hammond has ruled there were no violations of the Indiana Professional Rules of Conduct when defense counsel interviewed a potential witness in preparation for trial after discovery had closed.

Senator steers clear of beer wholesaler legal battle

February 5, 2014

The Indiana Legislature won't interfere with beer wholesaler Monarch Beverage Co.'s quest in federal court for the right to distribute liquor.

7th Circuit rules for city on discrimination claims brought by black officers, firefighters

February 5, 2014

The 7th Circuit Court of Appeals has affirmed summary judgment for the City of Indianapolis in two lawsuits brought by dozens of black police officers and firefighters over the examination process used by the city for promotions.

Evidence doesn’t show couple knew of mold when selling home

January 31, 2014

The Indiana Court of Appeals affirmed rulings in favor of the sellers of a home which later was found to contain mold. The buyers sued, claiming the sellers knew of the mold at the time of the sale, but the judges found the evidence shows otherwise.

COA split over whether damages are punitive

January 29, 2014

The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.

Right to equal access at center of federal lawsuit

January 28, 2014

A courtroom spectator’s persistent requests to two trial courts for an interpreter raises questions of how accessible Indiana courts should be for people who have disabilities as well as how much control the state judiciary has over local judges.

Appeals panel upholds $3.9M verdict for bicyclist hit by school bus

January 24, 2014

A student riding his bicycle to school on Washington Street in Indianapolis was hit by a school bus and critically injured, and a jury’s $3.9 million judgment in his favor was proper, the Indiana Court of Appeals ruled Friday.

Pre-settlement lenders say rate cap could doom industry

January 22, 2014

Representatives of businesses that provide pre-settlement funding to plaintiffs said they would be forced out of Indiana by a proposal to cap their returns at 25 percent, after which a House committee advanced a bill that would do just that.

Beer wholesalers enlist lawmakers in fight against Monarch

January 17, 2014

The Statehouse is a common battlefield for factions in Indiana's alcoholic beverage industry, and this session, one group of beer wholesalers is firing shots in multiple directions.

Inaccurate drain location data causes city to lose negligence suit

January 15, 2014

Because the city of Fort Wayne did not provide accurate locations of its drains to a utility company involved in constructing an underground monolith, its negligence suit against the utility company can’t survive summary judgment. An underground drain was damaged during the process, causing flooding in the area.

College cook not erroneously denied unemployment benefits

January 9, 2014

A cook at St. Joseph’s College in Rensselaer couldn’t convince the Indiana Court of Appeals that he was entitled to unemployment benefits for the summer of 2012.

COA reverses treble damages in business deal gone bad

January 9, 2014

A trial court erred in awarding treble damages to an Indiana man who entered into a business venture with a North Carolina couple that ended up costing him more than $1 million in money owed to him, the Indiana Court of Appeals concluded Thursday.

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