Lawsuits - The Indiana Lawyer

Creating options: SCOTUS lets inverse condemnation suits in federal courts

October 30, 2019 | Olivia Covington

The June 21 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019), overturned precedent requiring property owners to file inverse condemnation actions in state court before bringing a federal action. Instead, the 5-4 majority opinion, written by Chief Justice John Roberts, determined the Fifth Amendment Takings Clause is triggered as soon as the government takes land without compensating the property owner.

Fired Indianapolis Catholic school counselor files lawsuit

October 23, 2019 | Associated Press and IL Staff

A former guidance counselor at an Indianapolis Catholic high school who was fired for being in a same-sex marriage is suing the school and the archdiocese — the second such lawsuit filed by an employee who was fired for the same reason.

Indiana sues distributors in opioid epidemic

October 22, 2019 | Marilyn Odendahl

One day after three opioid distributors reached a $260 million tentative settlement with two Ohio counties, Indiana Attorney General Curtis Hill filed a lawsuit also seeking damages from the same three companies, AmerisourceBergen Drug Corp., Cardinal Health and McKesson Corp.

Witnesses: Hill was ‘super friendly,’ ‘inebriated’ at sine die party

October 22, 2019 | Olivia Covington

Attorney General Curtis Hill was intoxicated and “super friendly” during the 2018 sine die party, legislative staffers and lobbyists said Tuesday, continuing testimony in the disciplinary hearing against the AG.

Hill accusers provide emotional testimony

October 22, 2019 | Olivia Covington

Testimony in the attorney discipline action against Indiana Attorney General Curtis Hill continues Tuesday after emotional remarks Monday from the women who have accused him of sexual misconduct.

$260 million deal averts first federal opioid crisis trial

October 21, 2019 | Associated Press

The nation’s three biggest drug distributors and a major drugmaker reached an 11th-hour, $260 million settlement over the toll of the opioids in two Ohio counties, averting what would have been the first federal trial over the crisis.

COA affirms for insurer in litigation dispute

October 21, 2019 | Katie Stancombe

Deciding an issue of first impression, the Indiana Court of Appeals affirmed a favorable ruling for an insurance company following arguments that it had no obligation to defend former customers in outside litigation.

Companies reach tentative deal to settle opioids lawsuit

October 21, 2019 | Associated Press

The nation’s three dominant drug distributors and a big drugmaker have reached a tentative deal to settle a lawsuit related to the opioid crisis just as the first federal trial over the crisis was due to begin Monday in Cleveland, according to a lead lawyer for the local governments suing the drug industry.

J&J agrees to $117M pelvic mesh device settlement

October 18, 2019 | Associated Press and IL Staff

Johnson & Johnson has agreed to a $117 million settlement with multiple states, including Indiana, over allegations it deceptively marketed its pelvic mesh products, which support women’s sagging pelvic organs.

Big case hits the big screen: Taft lawyer’s DuPont suit attracts star power

October 16, 2019 | Katie Stancombe

A Taft Stettinius & Hollister attorney who successfully took on one of the world’s most powerful chemical manufacturers in a major toxic contamination case is being featured on the big screen as he continues to bring awareness to an issue he says is a global heath threat.

US appeals court skeptical of Trump’s Medicaid work rules

October 11, 2019 | Associated Press

A federal appeals court in Washington on Friday sharply questioned the Trump administration’s work requirements for Medicaid recipients, casting doubt on a key part of a government-wide effort to place conditions on low-income people seeking taxpayer-financed assistance.

Indiana reports 2 more deaths linked to vaping, 3 overall

October 11, 2019 | Associated Press and IL Staff

Indiana health officials are reporting two more state residents have died of severe lung injuries linked to vaping. The new deaths reported Thursday by the Indiana State Department of Health brings the total number of vaping-related deaths in the state to three since Sept. 6.

Indiana stores may profit from Michigan flavored vape ban

October 8, 2019 | Associated Press and IL Staff

Michigan’s ban on the sale of flavored electronic cigarettes could spur new business for vape shops along the state’s Indiana border, a clerk at a northern Indiana store said.

Title VII questions at U.S. Supreme Court echo Indiana case

October 7, 2019 | Marilyn Odendahl

The issue that arose in Indiana from the employment discrimination case against Ivy Tech will go before the U.S. Supreme Court on Tuesday as the nine justices will be asked whether Title VII protections extend to sexual orientation and gender identity.

AG Hill’s top advisers must turn over communications in discipline case

October 7, 2019 | Olivia Covington

Efforts by top officials of the Indiana Office of the Attorney General to place under protective order communications between them and Attorney General Curtis Hill about the sexual misconduct allegations against Hill have been defeated with the denial of their motion to quash and motion for protective order.

Abortion appeals, including Indiana case, awaiting Supreme Court action

October 4, 2019 | Associated Press

Both sides of the abortion debate are waiting to see if the Supreme Court adds new disputes over state abortion regulations to its election-year docket, including an Indiana case in which a federal appeals court struck down an ultrasound waiting period law.

Groups argue RFRA fix infringes on religious rights

October 3, 2019 | Olivia Covington

Nearly five years after Indiana’s controversial Religious Freedom Restoration Act was signed into law, a lawsuit alleging subsequent amendments to the act infringe on religious rights went before a Hamilton County judge Thursday.

Justices’ rent-to-own ruling helps consumers, lawyers say

October 2, 2019 | Marilyn Odendahl

The Indiana Supreme Court reviewed a dispute over a rent-to-own contract and determined the family who had been living in the home were renters, not buyers. The ruling in Rainbow Realty Group, Inc., et al. v. Katrina Carter and Quentin Lintner, might give families who enter rent-to-buy contracts some remedy to prevent their dreams of homeownership from becoming a nightmare.

Federal judge denies motion to dismiss suit against Jackson Co. nativity scene

October 1, 2019 | Katie Stancombe

A southern Indiana woman accusing her local government of endorsing Christianity has cleared the first hurdle of a motion to dismiss her claim that a nativity scene placed on the Jackson County Courthouse’s front lawn violates the First Amendment’s Establishment Clause.

Judge rebuffs bid for class of all 91 Indiana prosecutors in abortion clinic case

September 25, 2019 | Katie Stancombe

An out-of-state abortion provider who was granted permission to open a South Bend clinic last month after the state denied a permit lost its bid Tuesday to certify a defendant class made up of every elected prosecuting attorney in Indiana.

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