State responds to complaint over cold beer sales
The Office of the Indiana Attorney General has filed an answer to a lawsuit challenging the state’s laws and regulations that keep gas stations and grocery stores from selling cold beer.
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Articles
COA split over reversing summary judgment in slip-and-fall case
The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.
Cabbies sue town of Speedway for race-day license seizures
More than 80 taxi cab drivers have sued the town of Speedway for allegedly seizing their licenses when they attempted to pick up fares after the Indianapolis 500 on May 26.
BMV reduces license costs that generated class-action suit
Indiana driver’s licenses will be $3.50 less expensive, the Bureau of Motor Vehicles announced Friday in a change taking immediate effect.
Lauren Spierer’s parents sue 3 in daughter’s disappearance
The parents of missing Indiana University student Lauren Spierer have asked the federal court in Indianapolis for a civil jury trial in a lawsuit against students believed to have last been with her before her disappearance two years ago.
Lawyer’s suit alleging malicious prosecution, emotional distress may proceed
The 7th Circuit Court of Appeals reversed the decision by a federal court in Indianapolis that dismissed a Muncie criminal defense attorney’s lawsuit against the United States for malicious prosecution and intentional infliction of emotional distress. Michael Alexander brought the suit after he was acquitted on charges of bribery in 2009.
SCOTUS sends affirmative-action case back to 5th Circuit
A lawsuit claiming that a Texas university's consideration of race in its admissions practices violates the Equal Protection Clause has been sent back by the Supreme Court of the United States to the 5th Circuit Court of Appeals. In its ruling on the suit filed by a Caucasian woman denied admission in 2008, the justices did not strike down the use of affirmative action by the university.
Indiana justices to rule on Evansville smoking ban
The Indiana Supreme Court accepted two cases last week for transfer, a pair of rulings from Vanderburgh County on the city of Evansville’s ordinance prohibiting smoking in certain places.
Justices: Excluding expert witness was error by trial court
Four Indiana justices Friday held that a Montgomery Superior judge erred when he struck the plaintiff’s expert witness in a medical malpractice lawsuit and dismissed the suit under Indiana Trial Rules 37(B) and 41(E).
Injured man who sued estate can only recover insurance policy limits
A man who was injured in an auto accident with a woman who died the following year cannot recover any funds from her estate, the Indiana Court of Appeals ruled. But the trial court didn’t err in denying the estate’s motion to amend the jury award, because it is a valid judgment despite that the man can only recover funds available under the policy limits of the woman’s insurance policy.
Summary judgment affirmed for casino in collapsing chair suit
The manufacturer of a chair that came down on a patron’s leg as she sat on it appealed the denial of its summary judgment on the woman’s complaint, arguing the northern Indiana casino shouldn’t have been granted summary judgment. The Indiana Court of Appeals affirmed Friday, but ordered more proceedings on Horseshoe Casino’s third-party complaint against Gasser Chair Co.
Lawsuit seeks impartial decision-maker in license plate dispute
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of the Indiana Youth Group challenging the authority of the state’s Bureau of Motor Vehicles to issue an order of remand on its administrative law judge’s order to restore the LGBT youth group’s specialty license plate.
Dismissal of Navistar workers’ complaint upheld by 7th Circuit
A group of unionized workers laid off by an Indianapolis engine plant who brought an action for breach of the collective-bargaining agreement didn’t provide enough factual content in their complaint to allow it to proceed in court, the 7th Circuit Court of Appeals ruled Tuesday.
Trial court errs in granting motion regarding doctors’ contract dispute
The Indiana Court of Appeals has found that a cardiologist’s breach of contract complaint may have been “unartfully drafted,” but it still adequately stated a claim for tortious interference with a contract.
ACLU of Indiana files class-action lawsuit against FSSA for changes to Medicaid waiver programs
The ACLU of Indiana has slapped the Indiana Family and Social Services Administration with a class-action lawsuit over the way the state agency operates two of its Medicaid waiver programs.
Appeals court reinstates proposed med mal complaint
Finding that a Hendricks County court didn’t have jurisdiction to dismiss a man’s proposed complaint for damages under Trial Rule 41(E) or based on noncompliance under the Medical Malpractice Act, the Indiana Court of Appeals Wednesday reinstated the proposed complaint.
Judges: Integration clause doesn’t preclude introduction of parol evidence
The 7th Circuit Court of Appeals held Tuesday that in the absence of a factual inquiry, the mere presence of an integration clause doesn’t preclude a party from introducing parol evidence that it was fraudulently induced to enter into the agreement as a whole. The decision came in a dispute involving a settlement agreement that one party sought to invalidate based on claims of fraudulent inducement.
Judges order more proceedings in low-income apartment tax credit case
Because there are genuine issues of material fact regarding claims made against apartment management company Flaherty & Collins in a complaint alleging fraud and other charges dealing with renting apartments to people who did not qualify based on income requirements, the Indiana Court of Appeals ordered more proceedings on the case.
Defendant in trial over concert hall defects tries to halt repairs
Attorneys for the Michigan contractor being sued over construction defects at Carmel’s Palladium concert hall have asked a Hamilton County court to halt repair work immediately to preserve evidence in the case.
Lawsuit claims Indiana’s high-risk insurance pool hoards cash
Health care providers who’ve been rejected by private malpractice writers turn to a state-run insurer that typically charges two to three times more for coverage. A class-action lawsuit claims the high-risk pool owes its policyholders a $31 million surplus.