Articles

Federal courts rule against overtime in pharmaceutical cases

In a pair of decisions, the U.S. Supreme Court and the 7th Circuit Court of Appeals examined different exemption provisions to overtime requirements of the Fair Labor Standards Act but reached the same conclusion: Pharmaceutical sales representatives are not entitled to overtime pay.

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$2.9M verdict in mill accident case upheld

The 7th Circuit Court of Appeals has affirmed the admittance of an expert’s opinion as to causation of an accident at a northern Indiana steel rolling mill, finding the federal court properly denied a company’s Daubert motion to bar that testimony.

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State must pay $52M over terminated welfare contract

Marion Superior Judge David Dreyer has ordered the state to pay IBM an additional $12 million in early termination closeout payments and for equipment it retained after canceling a contract with IBM to implement a modernized welfare system. The judge previously ruled in January that the state was on the hook for $40 million in subcontractor assignment fees for terminating the contract.

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7th Circuit certifies questions for Kansas Supreme Court

The 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas justices.

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Deadline to accept State Fair settlement extended

The Office of the Indiana Attorney General, at the request of attorneys representing claimants in lawsuits stemming from the stage collapse at the Indiana State Fair in August 2011, has moved the deadline to respond to a settlement offer to Aug. 1. The original deadline was Friday.

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Indiana justices outline ‘improvement to real property’

For the first time, the Indiana Supreme Court addressed what constitutes an “improvement to real property” as mentioned in the construction statute of repose. In doing so, the justices reversed the trial court’s grant of a contractor’s motion for summary judgment in a wrongful death claim.

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ACLU of Indiana files proposed class action against BMV

The ACLU of Indiana filed a lawsuit Wednesday in Marion County to require the Indiana Bureau of Motor Vehicles to reinstate a woman’s suspended license. The ACLU of Indiana claims that the BMV randomly selected Lourrinne White from a “Previously Uninsured Motorist Registry” and suspended her license for not having insurance, even though she did not have a working car titled in her name at that time.

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Accident not covered under insurance policy

A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.

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