Zoeller moves to strike Ritz’s suit against Board of Education
Attorney General Greg Zoeller Thursday asked a court to throw out a lawsuit filed by Superintendent of Public Instruction Glenda Ritz against the Indiana Board of Education.
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Defense firm appeals $277M verdict for Humvee maker
A defense contractor is appealing an Indiana judge’s order that it pay $277 million to the Mishawaka-based manufacturer of Army Humvee military vehicles. The contractor overcharged for armor kits to retrofit the vehicles during the bloodiest days of the Iraq war, the judge ruled.
Court rules against Menard on roofing company’s lawsuit for payment
The Indiana Court of Appeals ordered summary judgment entered in favor of a roofing services company on claims of breach of contract against Menard Inc., finding Menard was unable to establish a dispute of material fact as to its right to withhold payment.
Judges disagree on when duty to exercise ordinary care extends to beneficiaries
The Indiana Court of Appeals was divided Tuesday on whether a legal malpractice lawsuit filed by third-party beneficiaries of a will against their relative’s attorney should proceed beyond summary judgment. The case hinged on the interpretation of the “known” requirement outlined in Walker v. Lawson.
COA clears way for negligence complaint against medical device company
A lawsuit filed against medical device manufacturer Medtronic following the death of a man who had one of the company’s medical devices implanted can continue, the Indiana Court of Appeals ruled Friday. It held the Medical Device Amendments to the Federal Food, Drug and Cosmetics Act does not preempt a family’s negligence claim.
Jury should hear discrimination suit filed by fired ‘salesman of the year’
The reasons a company gave for firing its most productive salesman – who also happened to be its oldest – raise potential credibility issues, the 7th Circuit Court of Appeals ruled Thursday. The judges decided the salesman’s age discrimination lawsuit should proceed to a jury.
Contractor owed no duty to worker injured during construction of Carmel arts center
Summary judgment for a contractor on the Carmel Regional Performing Arts Center construction was appropriate, the Indiana Court of Appeals ruled, rejecting an injured worker’s argument that a duty was owed to him based on federal workplace safety regulations.
Owners of spooked horse entitled to summary judgment in negligence suit
The Indiana Court of Appeals ruled Thursday that the owners of a horse that trampled a man after getting loose at the Marshall County 4-H Fairgrounds didn’t have reason to know the horse had any dangerous propensities prior to the accident. The court affirmed summary judgment in a negligence lawsuit on the issue.
Legislator says state trying to deny health care insurance to Hoosiers
Democratic State Rep. Ed DeLaney has called for the state’s lawsuit against the Affordable Care Act to be thrown out of court “as quickly as humanly possible.”
State, public schools sue federal government over Obamacare
Fifteen Indiana school districts and the state of Indiana have filed a lawsuit challenging the federal health care law and subsidies that are available to Hoosiers under rules set by the IRS.
Court rules for widow in Holiday World suit
The widow and children of the late William Koch Jr. can keep their shares in the southern Indiana theme park, Holiday World and Splashin’ Safari, after a ruling by the Indiana Court of Appeals concluded that William’s brother, Dan Koch, and Koch Development Corp. offered too little money for the shares.
State seeks restitution funds from late alleged Ponzi schemer
Indiana officials have filed suit in an attempt to freeze the assets of the estate of a Kokomo investor alleged to have operated a Ponzi scheme believed to have bilked investors of $5 million to $10 million IBJ.com has the story.
Appeals court partially reinstates colonoscopy malpractice claim
A northern Indiana court inappropriately granted summary judgment in favor of a doctor and medical practice defending a suit brought by a patient who claimed negligence after a colonoscopy, a divided panel of the Indiana Court of Appeals ruled.
Battle over RTW heats up in courts
When Lake Superior Court Judge John Sedia handed Indiana’s right-to-work law a pink slip, conventional wisdom held that the Indiana Supreme Court would overturn that decision and put the law back to work.
Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
Attorney fees affirmed in trucking dispute; COA declines to bar such awards
An appellate panel Tuesday affirmed an award of attorney fees under a standard industry agreement and declined an invitation to strip Indiana trial courts of the ability to enter such judgments.
Marsh Supermarkets, former CEO spar over attorney fees
The years-long legal spat between Don Marsh and the company he once led appeared to have concluded this summer, but has now turned to attorneys’ fees and who’s paying the million-dollar bills.
Judge reverses ATM fee class decertification; suggests any award go to charity
The 7th Circuit Court of Appeals court didn’t exactly call an Indiana appeal a small-change case, but it suggested the few dollars each member of a class might receive could be more usefully given to charity.
Justices weigh $2.7 billion Rockport deal
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Sept. 5. Attorneys for and against the proposed plant pleaded that terms of the contract were on their side.
Heavily redacted report cannot hide behind business-judgment rule
Although a report produced by a special litigation committee contains privileged information, the plaintiffs must be allowed full access to the unredacted version in order to determine if the investigation was extensive and conduced in good faith.