damages - The Indiana Lawyer

Sugarman and Thomas: Can plaintiffs ‘squeeze’ restoration damages out of ELA?

March 3, 2021

On April 20, 2020, the U.S. Supreme Court issued its decision in Atlantic Richfield Co. v. Christian, No. 17-1498, 140 S.Ct. 1335. The Court’s holding was relatively simple: plaintiffs (Montana landowners) could bring state court claims pursuing cleanup of additional contamination from the “Anaconda Smelter,” but they were first required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to seek the U.S. Environmental Protection Agency’s (EPA) approval for additional cleanup. While on its face this decision addresses the interplay between CERCLA and Montana state law claims, the ramifications of Atlantic Richfield may be felt in Indiana.

Revisiting foreclosure case, COA reaffirms money judgment

February 23, 2021 | Olivia Covington

A $112,000 money judgment originally upheld in 2019 has been reaffirmed in a second appellate decision issued in the case Tuesday.

Suit: Siblings claim DCS knew of adoptive parents’ abusive past

February 18, 2021 | Marilyn Odendahl

Three adults who claim they were abused as children have filed a lawsuit against their adoptive parents as well as the Indiana Department of Child Services and the department’s county director and caseworkers, claiming the state agency and its employees were the “proximate cause of the shocking abuse” that the plaintiffs suffered.

Farmworkers awarded $460K in wage theft, labor trafficking judgment

February 12, 2021 | Dave Stafford

A northern Indiana federal court has ordered a farm in Fowler and its owners to pay more than $460,000 in compensation and damages to nine farmworkers who alleged they were forced to work without pay, housed in abysmal conditions and threatened, among other claims.

Fowl investment gone foul leads to reversal at COA

February 4, 2021 | Olivia Covington

Despite ruffled feathers among parties involved in a bird investment project, a nearly $40,000 judgment for the investor has been reversed after a split Indiana Court of Appeals determined the trial court applied the wrong law in awarding relief.

COA splits on damages award in nursing home’s breach of warranty dispute

December 30, 2020 | Katie Stancombe

A split Indiana Court of Appeals panel has reversed a damages award to a nursing home in its breach of warranty dispute with a roofing company, with a dissenting judge arguing that the damage award was within the scope of the evidence.

Lawsuit alleges Purdue breached contract in Peru projects

December 23, 2020 | Marilyn Odendahl

Siblings who contacted Purdue University about helping to lower the alpaca mortality rate in their native Peru are now suing, claiming the West Lafayette school has garnered millions of dollars from additional projects they helped establish but is refusing to pay them for their work.

7th Circuit affirms $0 judgment after previous ‘outrageous’ award of $1M

December 21, 2020 | Katie Stancombe

A man who was initially awarded $1 million by a jury for a run-of-the-mill car accident case will have to stick with the zero-dollar judgment he asked for in a new trial after the U.S. District Court for the Northern District of Indiana found the original verdict to be “outrageous.”

Justices rule Muslim men can sue FBI agents over no-fly list

December 11, 2020 | Associated Press

A unanimous Supreme Court ruled that Muslim men who were placed on the government’s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable. The ruling was one of several unanimous decisions the high court issued Thursday.

COA reversal awards Carmel pizzeria owner $197K, potential treble damages

December 10, 2020 | Katie Stancombe

A panel of the Indiana Court of Appeals has reversed a judgment against a Hamilton County pizzeria company’s owner after finding the trial court erred in concluding that he failed to establish money damages for his partners’ acts of forgery and counterfeiting related to the business, among other things, awarding more than $197,000 in damages and over $21,000 in legal fees.

Appeals court upholds $112M damages judgment for Carmel spine surgeon

December 4, 2020 | Dave Stafford

The Indiana Court of Appeals has upheld a northern Indiana jury’s award of more than $112 million for a Carmel spine surgeon who won a royalty battle against medical device manufacturers.

Appeals court affirms breach of contract claim after sewage leak

October 30, 2020 | Marilyn Odendahl

In a dispute between a property owner and an association of property owners over a sewage mishap, the Indiana Court of Appeals ruled that the even though the association was not negligent, it still breached its contract.

Arbitrators deny J.P. Morgan’s request for damages against three former advisers

October 30, 2020 | Susan Orr, Indianapolis Business Journal and Indianapolis Business Journal Staff

An arbitration panel has denied J.P. Morgan Securities LLC’s request to collect more than $1.5 million in damages and fees from three former Carmel employees who left the firm to join Raymond James & Associates in 2018.

COA reverses, remands for retrial on damages in car crash dispute

October 16, 2020 | Katie Stancombe

The Indiana Court of Appeals has reversed and remanded for retrial on the issue of damages in a negligence case brought by a Lake County woman who suffered a concussion stemming from a car crash.

Conrad Indianapolis hotel owners sue insurer over refusal to pay pandemic claims

October 7, 2020 | Indianapolis Business Journal Staff

The owner and operator of the high-end downtown Conrad Indianapolis hotel has sued its insurer for denial of millions of dollars in pandemic-related claims.

Protester who lost eye due to tear gas sues Fort Wayne, police for excessive force

October 2, 2020 | Olivia Covington

A Fort Wayne man who lost his eye during a Black Lives Matter protest after the death of George Floyd is now suing the city and local police department for excessive force and violation of his First Amendment rights.

Buyers, sellers of medical device company win partial victories at COA

September 29, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the primary award of attorney fees and costs to the sellers of a medical equipment company after it fell into a dispute with its buyers. However, the appeals court reversed the award of treble damages and remanded for a recalculation of the sellers’ damages.

Suit seeks $3M in damages over alleged wrongful DCS actions

September 23, 2020 | Dave Stafford

Indianapolis parents who claim the Indiana Department of Child Services wrongly removed their children from the home over allegedly false accusations of sexual abuse have filed a federal lawsuit against the agency seeking $3 million in damages.

Judge: Memory-impaired man’s suit claiming Carmel City Hall assault may proceed in part

September 18, 2020 | Dave Stafford

A man who has difficulty forming new memories and therefore records his interactions on video may proceed with a lawsuit on narrowed claims alleging he was injured after a confrontation with a city attorney in Carmel City Hall as the man recorded his interactions with staff.

Ex-judge, assistant accused of estate fraud, will tampering face escalating claims

September 17, 2020 | Dave Stafford

The stakes have been raised in a lawsuit against a former northern Indiana judge and an employee of his law office accused of swindling the estate of a deceased client whose will bequeathed more than $700,000 to local charities — money the charities say they never received.

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