Lawsuits - The Indiana Lawyer

Seeking a safe harbor: Manufacturers call for liability protections amid COVID-19 efforts

June 24, 2020 | Olivia Covington

As the novel coronavirus began its spread across the United States, virtually every industry adjusted operations. That includes the manufacturing industry, which was faced with the dichotomy of the need for layoffs and the need for additional output. But as these businesses have aided in the effort to slow the spread of the virus, industry experts say there’s a shadow over their work: the fear of liability lawsuits.

DCS files multiple responses after motion to dismiss child-welfare suit denied

June 17, 2020 | Marilyn Odendahl

Less than a month after a federal court denied a motion to dismiss, the Indiana Department of Child Services is asking the judge to reconsider the original motion as well as review a second motion to dismiss in an attempt to derail a lawsuit alleging the state violated the constitutional rights of children in its care.

Businesses ask patrons, workers to waive right to sue if they get ill

June 16, 2020 | Associated Press

As businesses reopen across the U.S. after coronavirus shutdowns, many are requiring customers and workers to sign forms saying they won’t sue if they catch COVID-19.

Justices rule LGBT people protected from job discrimination

June 15, 2020 | Associated Press

The Supreme Court of the United States ruled Monday that a landmark civil rights law protects gay, lesbian and transgender people from discrimination in employment, a resounding victory for LGBT rights from a conservative court.

Supreme Court rejects several gun rights cases for next term

June 15, 2020 | Associated Press

The US Supreme Court on Monday passed up several challenges to federal and state gun control laws, over the dissent of two conservative justices.

Supreme Court for now stays out of police immunity debate

June 15, 2020 | Associated Press and IL Staff

The Supreme Court of the United States is for now declining to get involved in an ongoing debate by citizens and in Congress over policing, rejecting cases Monday that would have allowed the justices to revisit when police can be held financially responsible for wrongdoing.

IndyBar slates ‘Tiger King’-inspired exotic pet ownership law webinar

June 12, 2020 | IL Staff

As people across the country hunkered down at home during the coronavirus pandemic, a Netflix documentary series featuring big cats and big personalities became a television sensation and now is the subject of a legal education webinar.

Feds seek $225M fine for pair who made a billion robocalls

June 10, 2020 | Associated Press

The U.S. communications regulator on Tuesday proposed a $225 million fine, its largest ever, against two health insurance telemarketers for spamming people with 1 billion robocalls using fake phone numbers.

7th Circuit’s Purdue ruling impacting other Title IX lawsuits

June 9, 2020 | Marilyn Odendahl

The case against Purdue University brought by a male student who was expelled and lost his Navy ROTC scholarship after the school determined he had sexually assaulted a female student has survived a second motion to dismiss.

Simon Property sues Gap for rent on coronavirus-shuttered stores

June 5, 2020 | Associated Press

Gap is being sued for refusing to pay rent for stores temporarily closed during the coronavirus pandemic. Indianapolis-based mall owner Simon Property Group said in a lawsuit filed this week that the clothing retailer owes three months of rent, totaling $65.9 million.

Appeals court affirms for used car buyer in defaulted sales contract dispute

May 28, 2020 | Katie Stancombe

An auto dealer couldn’t sway an appellate court’s ruling for one of the dealer’s customers after the court found the man who immediately had problems with the vehicle hadn’t defaulted on his sales contract because payment was not due.

As more creditors go to court, defaults increase

May 27, 2020 | Marilyn Odendahl

A new study from the Pew Charitable Trusts highlights a dramatic rise in debt collection lawsuits, but even as one in four cases on civil court dockets are seeking payment for past-due bills, consumers increasingly are absent from the proceedings.

Stafford: Hill touts his record, so let’s look at his convictions

May 27, 2020 | Dave Stafford

Say what you will about Indiana Attorney General Curtis Hill, he is a man of convictions. But for purposes of this earned polemic, let’s set aside the wrongful convictions that are still being overturned from Hill’s years as Elkhart County prosecutor. Instead, let’s focus on his time as AG and explore Hill’s personal and political convictions.

Hill’s fight to stay AG continues

May 26, 2020 | Olivia Covington

Suspended Indiana Attorney General Curtis Hill will be reinstated to the practice of law June 17, and he’s said he’s using the time in the interim to “reflect on lessons learned.” His chief deputy, Aaron Negangard, is overseeing the office while Hill serves his suspension, but a lawsuit filed May 21 challenges Hill’s authority to make that appointment.

Zooming in: Lawyers describe pros and cons in remote oral arguments

May 26, 2020 | Olivia Covington

Though there have been some technical hiccups, lawyers report generally positive experiences with remote appellate oral arguments. Even so, some advocates say the most impactful arguments are made in person.

Lawyer-photographer loses appeal of copyright dismissal, must pay more fees

May 26, 2020 | Olivia Covington

A lawyer and hobbyist photographer known for his litany of federal copyright lawsuits has lost an appeal for the reinstatement of a state-court action and has also been ordered to pay his opponent’s appellate attorney fees.

Patachou restaurants sue insurer over COVID-19 claim denials

May 21, 2020 | Susan Orr, Indianapolis Business Journal and Indianapolis Business Journal Staff

The Patachou Inc. restaurant group has joined a growing list of companies locally and nationwide to sue its insurer over COVID-19-related claim denials.

Federal judge lets suit alleging DCS failed to protect children proceed

May 15, 2020 | Marilyn Odendahl

A lawsuit alleging harm and constitutional violations by the Department of Child Services has survived a motion for summary judgment after a federal judge found the children plaintiffs have sufficiently claimed the state failed to protect them.

Supreme Court sides with Lucky brand in trademark dispute

May 15, 2020 | Associated Press

The Supreme Court is siding with fashion brand Lucky in a dispute with a Miami-based apparel manufacturer that owns the “Get Lucky” trademark.

Reversal: Paraplegic doctor’s estate denied full recovery in wrongful death suit

May 14, 2020 | Katie Stancombe

The estate of a deceased doctor was denied the full potential recovery it was entitled to after a hospital was awarded summary judgment in his wrongful death case, the Indiana Court of Appeals ruled Thursday.

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