Articles

Justices agree to hear jury instruction, non-compete cases

The Indiana Supreme Court granted transfer to two cases last week, including to a decision that gave a defendant the opportunity for a retrial after the Indiana Court of Appeals determined a jury instruction on “fleeing” law enforcement was fundamentally erroneous.

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Judge rejects bid to slash jury’s $15M med-mal award

A jury’s verdict awarding $15 million to a woman and her husband after her cancer was not detected on a CT scan will stand, a federal judge ruled, rejecting defense appeals that included Indiana’s cap on medical malpractice damages.

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IndyCar awarded $3.9M for scrubbed Boston races

A race organizer’s failure to bring promised IndyCar Boston Grand Prix Labor Day weekend races to the finish line has resulted in an award of nearly $4 million in damages to the Indianapolis-based open-wheel racing series, but it’s unclear how much IndyCar may be able to recoup from bankrupt promoters.

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Long-running IBM suit against state back before COA

The latest installment in a years-long legal saga between the state and IBM, Inc. came before the Indiana Court of Appeals on Tuesday, when the parties argued over the awards of damages and what, if any, significant changes were made to the state’s welfare system after Indiana terminated its contract with IBM and developed its own claims-processing system.

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Jury awards $289M to man who blames Roundup for cancer

A San Francisco jury’s $289 million award to a former school groundskeeper who said Monsanto’s Roundup left him dying of cancer will bolster thousands of pending cases and open the door for countless people who blame their suffering on the weed killer, the man’s lawyers said.

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Attorney awarded $150K for infringement of Indy photo

An Indiana attorney and hobbyist photographer who has sued dozens of people for the unauthorized use of a copyrighted image has been awarded more than $150,000 for the willful infringement of his photo of the Indianapolis skyline.

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Denial of damages in cellphone vendor breach affirmed

An Indiana company that breached a contract to pay referral fees to a chain of Pennsylvania cellphone stores that signed up Verizon customers years ago owes nothing to the party that proved the breach, the 7th Circuit Court of Appeals affirmed Thursday.

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Driver wins $500K judgment in Gibson County truck crash

A motorist injured when his vehicle was struck by a semi-truck whose driver was distracted by a dropped cellphone was awarded a $500,000 damages verdict in federal court in Evansville last week. Magistrate Judge Matthew Brookman entered judgment in favor of motorist Michael J. Smith and his wife, Marcia Smith, and against defendants Gregory Peterson and Triple B Trucking.

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COA rules for DNR after dog killed by raccoon trap at park

A woman whose pet beagle was killed by a concealed raccoon trap in Versailles State Park has lost her bid for declaratory judgment against the Indiana Department of Natural Resources after the Indiana Court of Appeals determined the woman’s claims were moot. The court also found the dog’s sentimental value could not be considered in the calculation of damages.

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COA affirms defamation verdict but tosses punitive damages

The Indiana Court of Appeals deconstructed a tangle of lawsuits erupting over allegations of theft of more than $1 million from a home building company and ruled that although the accused was found to have breached his fiduciary duty and wrongly taken money, he was still defamed by his accuser.

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