Articles

New trial ordered in suit over deadly propane explosion

An appellate panel has ordered a new trial in a negligence case arising after a propane tank explosion killed two people in Clinton County. The Indiana Court of Appeals ruled that admission of a verbatim hearsay opinion read into evidence by a defense expert witness was prejudicial to the deceased couple’s estate. 

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IBM awarded post-judgment interest to 2017 in long-running dispute

In its second opinion issued in the years-long dispute between Indiana and IBM Corp. over the failed contract to create a new Hoosier welfare system, the Indiana Supreme Court has allowed IBM to collect post-judgment interest on its $49.5 million damages award. However, that interest will date back only to a 2017 judgment on remand, not the original judgment entered in the company’s favor in 2012, and only serves as an offset to the greater sum IBM owes the state.

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Internet of things in manufacturing creates new data, cybersecurity questions

These are the days of manufacturing 4.0, the name of the fourth industrial revolution marked by connectivity among the devices that keep a factory running. In an “internet of things” world, the industrial internet of things allows plant machinery and products to talk to each other and provide real-time data and updates on how the equipment is operating and how the products are functioning out in the market, creating new challenges for lawyers.

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$240K in damages upheld in Golden Corral food poisoning

An award of damages has been upheld for a woman who alleged negligence against a Golden Corral restaurant after she consumed undercooked chicken wings from its buffet that resulted in food poisoning and injuries requiring multiple surgeries.

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Judge blocks Fort Wayne ‘pay to play’ ordinance

An Allen County judge has enjoined Fort Wayne from enforcing an ordinance designed to curb “pay-to-play” arrangements that allegedly led to city contracts for businesses that contribute to local candidates’ campaigns.

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Judgment for IndyCar upheld in Panther Racing suit

The Indiana Court of Appeals on Thursday affirmed that a sponsorship agreement between IndyCar and a now-defunct racing team did not prevent IndyCar from providing another team access to space in the Fan Village at races on the circuit.

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Justices: Trucking contract jurisdiction dispute may yield new rules

The Indiana Supreme Court affirmed the dismissal of a Hoosier trucking company’s amended complaint regarding a clause in a driver’s contract, although it found error with the dismissal’s basis on lack of personal jurisdiction. Justices also said this case will prompt consideration of rules so litigants can move to enforce contractual forum-selection clauses.

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7th Circuit vacates ruling in light of new uniform-rental law

The 7th Circuit Court of Appeals has vacated in part a Southern District Court’s decision, asking it to reconsider whether an amended Indiana wage-deduction law could be retroactively applied to claims made against a former employer for withholding employee wages to rent work uniforms.

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IDEM to hike permit fees for first time in decades

On May 5, Gov. Eric Holcomb signed a bill supported by the Indiana Chamber, the Indiana Manufacturers Association, and other business and environmental groups that will allow the state to raise pollution permit fees after an extensive rulemaking process that could last more than a year.

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Pilot commercial courts to become permanent

Indiana’s pilot commercial courts will become a permanent part of the Hoosier judiciary next month. The six specialized dockets around the state will remain where they are, with some rule amendments.

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