DTCI: 2019 amicus activity — summary of key cases
This year, the Defense Trial Counsel of Indiana has participated as amicus in a variety of issues of significant interest to the defense bar. Here are highlights from some of those key cases.
Lawsuits
Articles
Litz & Eaton co-founder facing three lawsuits, including one from his former partner
Three new lawsuits have been filed against one of the co-founders of floundering Indianapolis residential development firm Litz & Eaton — including one suit that could tee up a legal fight with his former business partner.
NTSB: Coast Guard ignored duck boat safety proposals
Federal transportation safety investigators criticized the U.S. Coast Guard on Wednesday for ignoring suggestions over nearly two decades to improve tourist duck boats, changes they say might have prevented last year’s Missouri accident that killed 17 people.
‘Precedent setting settlement’ ends rent-to-own housing lawsuit
A legal fight over a rent-to-buy real estate business that included the landlord hitting back and filing a counterclaim for defamation against the plaintiffs ended Friday with the parties reaching a settlement that, among other provisions, requires the defendants pay nearly $400,000 plus attorney fees.
Dow Agro lawsuit accuses employees of stealing secrets before quitting
Dow AgroSciences LLC is crying foul, saying two former employees downloaded thousands of files of valuable and confidential information in the days leading up to their resignations, amounting to theft of company property and a violation of their non-disclosure and non-competition agreements.
Judge orders Trump to pay $2M for charity foundation misuse
A New York judge on Thursday ordered President Donald Trump to pay $2 million to an array of charities to resolve a lawsuit alleging he misused his own charitable foundation to further his political and business interests.
Abortion parental notification law possibly headed for SCOTUS after 7th Circuit denial
The 7th Circuit Court of Appeals will not revisit a prior ruling that upheld an injunction on an Indiana law requiring “mature minors” to notify their parents before they have an abortion, setting the case up for a possible trip to the United States Supreme Court.
Creating options: SCOTUS lets inverse condemnation suits in federal courts
The June 21 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019), overturned precedent requiring property owners to file inverse condemnation actions in state court before bringing a federal action. Instead, the 5-4 majority opinion, written by Chief Justice John Roberts, determined the Fifth Amendment Takings Clause is triggered as soon as the government takes land without compensating the property owner.
Fired Indianapolis Catholic school counselor files lawsuit
A former guidance counselor at an Indianapolis Catholic high school who was fired for being in a same-sex marriage is suing the school and the archdiocese — the second such lawsuit filed by an employee who was fired for the same reason.
Indiana sues distributors in opioid epidemic
One day after three opioid distributors reached a $260 million tentative settlement with two Ohio counties, Indiana Attorney General Curtis Hill filed a lawsuit also seeking damages from the same three companies, AmerisourceBergen Drug Corp., Cardinal Health and McKesson Corp.
Witnesses: Hill was ‘super friendly,’ ‘inebriated’ at sine die party
Attorney General Curtis Hill was intoxicated and “super friendly” during the 2018 sine die party, legislative staffers and lobbyists said Tuesday, continuing testimony in the disciplinary hearing against the AG.
Hill accusers provide emotional testimony
Testimony in the attorney discipline action against Indiana Attorney General Curtis Hill continues Tuesday after emotional remarks Monday from the women who have accused him of sexual misconduct.
$260 million deal averts first federal opioid crisis trial
The nation’s three biggest drug distributors and a major drugmaker reached an 11th-hour, $260 million settlement over the toll of the opioids in two Ohio counties, averting what would have been the first federal trial over the crisis.
COA affirms for insurer in litigation dispute
Deciding an issue of first impression, the Indiana Court of Appeals affirmed a favorable ruling for an insurance company following arguments that it had no obligation to defend former customers in outside litigation.
Companies reach tentative deal to settle opioids lawsuit
The nation’s three dominant drug distributors and a big drugmaker have reached a tentative deal to settle a lawsuit related to the opioid crisis just as the first federal trial over the crisis was due to begin Monday in Cleveland, according to a lead lawyer for the local governments suing the drug industry.
J&J agrees to $117M pelvic mesh device settlement
Johnson & Johnson has agreed to a $117 million settlement with multiple states, including Indiana, over allegations it deceptively marketed its pelvic mesh products, which support women’s sagging pelvic organs.
Big case hits the big screen: Taft lawyer’s DuPont suit attracts star power
A Taft Stettinius & Hollister attorney who successfully took on one of the world’s most powerful chemical manufacturers in a major toxic contamination case is being featured on the big screen as he continues to bring awareness to an issue he says is a global heath threat.
US appeals court skeptical of Trump’s Medicaid work rules
A federal appeals court in Washington on Friday sharply questioned the Trump administration’s work requirements for Medicaid recipients, casting doubt on a key part of a government-wide effort to place conditions on low-income people seeking taxpayer-financed assistance.
Indiana reports 2 more deaths linked to vaping, 3 overall
Indiana health officials are reporting two more state residents have died of severe lung injuries linked to vaping. The new deaths reported Thursday by the Indiana State Department of Health brings the total number of vaping-related deaths in the state to three since Sept. 6.
Indiana stores may profit from Michigan flavored vape ban
Michigan’s ban on the sale of flavored electronic cigarettes could spur new business for vape shops along the state’s Indiana border, a clerk at a northern Indiana store said.