Articles

Bank wins partial victory in suit stemming from overdraft fees

A bank being sued by customers over how it orders transactions – allegedly to maximize profits from overdraft fees – is entitled to summary judgment on most of the state claims alleged by customers in a class-action lawsuit, the Indiana Court of Appeals ruled Thursday.

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A killing in community corrections

Alan E. Cain drove on a forfeited license in March 2013, a probation violation that landed him in an Indianapolis work-release program. Sixteen days later, he was dead.

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Judge delays decision on NCAA concussion settlement

A U.S. judge has declined to immediately approve the National Collegiate Athletic Association’s $75 million settlement of a lawsuit by college athletes who’ve suffered head injuries, giving a critic of the accord three weeks to file arguments opposing the revamped deal.

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Landscaper’s attorney fails to explain fee

A landscaping company’s award for attorney fees has been sent back to small claims court for reconsideration after the business and the attorney failed to submit documentation supporting the fee amount.

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Court finds railroad’s arguments over dam don’t hold water

Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.

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Anthem customers’ attorneys will have to prove injury

Since health insurance giant Anthem Inc. announced millions of customers’ information had been stolen in a data breach, class-action lawsuits against the company have been filed in federal courts across the country. Although the breach is unprecedented and consumers are fearful their identities will be stolen, the plaintiffs may not have been harmed according to the law.

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Court affirms $100,000 in attorney fees to bank for defending groundless claim

A woman who claimed a bank acting as trustee breached its fiduciary duties by selling stock of JP Morgan Chase over the course of several years is still on the hook for more than $100,000 in attorney fees and costs to the trustee, the Indiana Court of Appeals affirmed Thursday. The COA agreed Susan Moeder brought a groundless claim against Salin Bank and Trust Co. after it sought to resign as trustee.

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7th Circuit reinstates alleged racketeering lawsuit

The 7th Circuit Court of Appeals reversed the decision of a federal judge to dismiss a man’s lawsuit because it is barred by the Rooker-Feldman doctrine. A man who had his gas station foreclosed upon claimed the defendants acted in cahoots to defraud him out of his business.

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