Articles

COA rules against longtime shooting range owner

A Marshall Circuit judge erred in granting partial summary judgment in favor of a shooting range owner on his neighbors’ claims of nuisance, the Indiana Court of Appeals held Thursday. The appellate judges found a statute cited by the trial court did not apply to the owner.

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DCS settles final issue stemming from 2009 suit over rate cuts

The Indiana Department of Child Services announced Tuesday that is has reached a legal settlement with IARCCA, an Association of Children & Family Services, over rates paid to cover additional staffing costs and cost-of-living expenses to residential facilities and foster care agencies that serve abused and neglected children.

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NCAA’s point man

The NCAA faces an array of litigation from current and former players, much of which posits antitrust allegations.

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Oregon verdict may have impact on Indiana Guardsmen’s KBR suits

A federal jury verdict last week awarded 12 Oregon soldiers $85 million for illnesses linked to a military contractor that knowingly exposed them to toxic chromium dust in Iraq. The result could have implications for 60 similarly situated Indiana National Guard members who are awaiting their day in court.

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Woman did not exhaust administrative remedies before suing

The Indiana Court of Appeals agreed with a Marion Superior judge that the courts do not have jurisdiction over a woman’s lawsuit concerning the disconnection of her water because the woman did not exhaust all her available administrative remedies before suing.

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Suit to be filed over meningitis outbreak

Attorneys for a Columbus woman who has developed symptoms of fungal meningitis after being treated with steroid injections are suing the drugmaker at the center of a widening outbreak blamed on tainted shots.

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Court orders BMV to hold hearing on whether felon can get ID

A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.

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Justices tackle home foreclosure issue involving MERS

Indiana Justice Mark Massa, writing for the court Thursday, delved into the history of the Mortgage Electronic Registration Systems Inc. and its role in today’s mortgage industry in a case involving a foreclosed home in Madison County.

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7th Circuit rules against fired animal shelter worker

The 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the woman doesn’t qualify as “disabled” under the ADA.

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Fraternity pledge loses appeal involving alleged hazing incident

Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”

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