Lawsuits - The Indiana Lawyer

Interrupted coverage: In tangle over insurance terms, businesses’ and nonprofits’ COVID interruption claims being denied

February 17, 2021 | Marilyn Odendahl

Since the COVID-19 public health emergency began in March 2020, businesses and nonprofits nationwide have had business interruption claims denied. The COVID Coverage Litigation Tracker at the University of Pennsylvania Carey Law School reported 1,099 federal lawsuits seeking insurance coverage because of the pandemic had been filed as of Jan. 25. To date, courts have granted insurers’ motions to dismiss in 147 cases and insurers motions for summary judgment in seven lawsuits, according to CCLT. Policyholders have scored a few victories with the courts denying the motions to dismiss in 29 lawsuits and granting the plaintiffs’ motions for summary judgment in five cases.

Wagner: Policy endorsements may unlock COVID-19 coverage

February 17, 2021 | Bill Wagner

When restaurants forced to close due to COVID-19 turned to their insurers to offset their losses because they were unable to use their property as intended, many of us thought the prospects for coverage were good, especially under policies that did not have virus exclusions. But the insurance industry response was fierce.

Indiana panels back tighter abortion law, ending gun permits

February 16, 2021 | Associated Press

Indiana legislators advanced two measures Monday that join Republican-led drives across the country to tighten abortion laws and loosen gun restrictions.

COVID-19 lawsuit immunity bill heads to Holcomb

February 16, 2021 | Lindsey Erdody, Indianapolis Business Journal

Legislation that aims to protect businesses from COVID-19-related lawsuits is heading to Gov. Eric Holcomb’s desk.

Splenda maker sues Speedway chain over knockoff sweetener

February 12, 2021 | Susan Orr, Indianapolis Business Journal

The Carmel-based maker of Splenda sweetener is suing the convenience store chain Speedway LLC for trademark infringement, alleging the retailer offers its customers a knockoff sweetener in yellow packets that look too much like Splenda’s packaging.

Voting company files $2.7B suit against Fox, Giuliani over election fraud claims

February 5, 2021 | Associated Press

A voting technology company is suing Fox News, three of its hosts and two former lawyers for former President Donald Trump — Rudy Giuliani and Sidney Powell — for $2.7 billion, charging that the defendants conspired to spread false claims that the company helped “steal” the U.S. presidential election.

SCOTUS sides with Germany in Nazi-era art dispute

February 4, 2021 | Associated Press

The United States Supreme Court’s ruling Wednesday in a multimillion-dollar dispute over a collection of religious artworks will make it harder for some lawsuits to be tried in U.S. courts over claims that property was taken from Jews during the Nazi era.

Remote advantage: Business attorneys have discovered some unexpected benefits to virtual hearings

February 3, 2021 | Marilyn Odendahl

While the jury is still out on how increased use of remote technology will impact litigation in the future, business lawyers have seen a decrease in expenses and an increase in efficiency that is likely to benefit clients and productivity.

After rift between partners, court asked to dissolve George & Farinas

February 2, 2021 | Marilyn Odendahl

Claiming she and her law partner can no longer continue working together, Indianapolis attorney Kathleen Farinas is asking the Marion County Commercial Court to dissolve George & Farinas LLP, appoint a receiver and enter damages against Linda George.

Justices in tug-of-war over judge in suit accusing ex-lawyer of estate theft

February 2, 2021 | Dave Stafford

Nearly eight months after the Indiana Supreme Court accepted the resignation of a one-time northern Indiana judge and former lawyer accused of stealing hundreds of thousands of dollars from a widow client’s estate, justices now are being asked to remove the judge hearing a related civil lawsuit.

Ownership fight could leave new Gary casino empty

February 2, 2021 | Associated Press and IL Staff

The legal fight over ownership of a new $300 million casino in northwestern Indiana could leave it sitting unused for possibly months after construction work is completed.

Indiana House approves COVID-19 liability protection bill

February 2, 2021 | Lindsey Erdody, Indianapolis Business Journal

The Indiana House has approved legislation that would protect businesses from COVID-19-related lawsuits. The measure slightly differs from a liability protection measure passed last week by the state Senate.

COVID liability immunity bills advance, but questions of scope remain

January 27, 2021 | Olivia Covington

Legislation in the Indiana Senate that would protect businesses from COVID-related liability is one step closer to becoming law, having reached the full Senate floor for a successful vote on an amendment offered by the bill’s author. Meanwhile, companion legislation in the Indiana House passed out of committee this week.

Supreme Court ends Trump emoluments lawsuits

January 25, 2021 | Associated Press

The United States Supreme Court on Monday brought an end to lawsuits over whether Donald Trump illegally profited off his presidency, saying the cases are moot now that Trump is no longer in office.

Family can pursue discrimination lawsuit against HOA

January 21, 2021 | Marilyn Odendahl

An African American family who claims to have been subjected to race-based harassment, taunts and threats from a neighbor in their Indianapolis subdivision can move forward with their lawsuit after a federal judge denied the homeowners association’s request to toss the case.

Ratcliff sues Indiana Gaming Commission for suspending his license

January 20, 2021 | Lindsey Erdody, Indianapolis Business Journal

Longtime casino executive Rod Ratcliff is suing the Indiana Gaming Commission for suspending his gaming license last month. The suit alleges the situation has jeopardized a the opening of a new casino in Gary.

Family sues nursing home after father’s death during pandemic

January 20, 2021 | Katie Stancombe

Hoosier Ken Burgin is honoring his late father, Kenneth “Butch” Burgin, by advocating on his behalf after Butch’s unexpected death just two months after becoming a resident at an Owen County nursing home last year.

Motorists crossing Louisville bridges claim they were fraudulently billed

January 20, 2021 | Marilyn Odendahl

In a lawsuit filed in the U.S. District Court for the Southern District of Indiana, a group of drivers allege the vendors hired to operate the RiverLink toll system for the three bridges between Louisville, Kentucky, and southern Indiana fraudulently tacked on administrative fees and penalties.

Supreme Court takes on early stage of global warming case

January 19, 2021 | Associated Press

The Supreme Court on Tuesday seemed cautious about siding with oil and gas companies in a case involving global warming.

NRA declares bankruptcy, plans to incorporate in Texas

January 18, 2021 | Associated Press

The National Rifle Association announced Friday it has filed for bankruptcy protection and will seek to incorporate the nation’s most politically influential gun-rights group in Texas instead of New York, where a state lawsuit is trying to put the organization out of business.

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