IN Supreme Court to hold oral arguments in Steuben County
The Indiana Supreme Court will take its oral arguments on the road this month when it hears a case in Steuben County.
motion to dismiss
Articles
Magistrate grants motion to stay discovery in case brought by former ICE detainees
A federal magistrate judge has granted local defendants’ motion to stay discovery in a case involving noncitizen U.S. Immigration and Customs Enforcement detainees at the Clay County Jail while a motion to dismiss is pending.
Judge dismisses landowners’ lawsuit against LEAP District annexation
A Boone County judge has thrown out a lawsuit filed by a group of landowners against the city of Lebanon over the municipality’s decision to annex 5,200 acres of land and create a new zoning district for the LEAP Lebanon Innovation District.
Federal judge dismisses most claims in lawsuit stemming from sewage leak
A federal judge has granted most of a property owners association’s motions for judgment and dismissed with prejudice multiple damage-related claims in a civil lawsuit stemming from a 2015 sewage leak caused by a faulty lift station.
Elanco nets win on appeal of dismissal of illegal advertising case
An Illinois animal hospital that sued Indiana-based animal health company Elanco for allegedly illegal advertising practices could not convince the 7th Circuit Court of Appeals that two faxes it received from Elanco violated federal advertising law.
COA reverses dismissal of workers’ comp claim adjustment, finding application was timely
The Worker’s Compensation Board of Indiana erred when it dismissed a Franciscan Health employee’s claim as untimely, the Court of Appeals of Indiana ruled Monday in reversing and remanding the board’s order.
Online charter school’s request to toss discrimination lawsuit ‘wholly lacks merit,’ federal judge rules
A federal judge has denied an online charter school’s motion to dismiss a civil rights lawsuit brought by a teacher, ruling the school was properly served.
Notre Dame student publication moves to dismiss professor’s defamation suit over abortion-related articles
A conservative student-led publication at the University of Notre Dame is defending itself in court filings against a pro-abortion-rights professor’s defamation lawsuit.
ICE, Clay County again ask federal court to dismiss claims from noncitizen detainees
Federal and local defendants in a case involving noncitizen U.S. Immigration and Customs Enforcement detainees at the Clay County Jail are again asking a federal court to dismiss claims.
Business owner seeks dismissal of class-action lawsuit over Richmond fire
The owner of the former plastics recycling company in Richmond where a massive industrial fire took place in April is seeking dismissal of a class-action lawsuit against him and the company.
Woman paralyzed in crash can’t file 2nd lawsuit against different defendants, IN Supreme Court affirms
An Indiana woman who won a multimillion-dollar verdict against a trucking company for a 2018 accident that left her quadriplegic cannot sue additional defendants for their alleged roles in the same accident, the Indiana Supreme Court ruled Wednesday.
Man released after arrest for allegedly setting fire in lobby at northwestern Indiana jail
A 26-year-old man has been released after being misidentified as the person who walked into a northwestern Indiana jail, poured an accelerant on the floor and started a small fire, court records say.
COA: Insurance company’s negligence, spoliation claims should have survived motion to dismiss
An insurer’s claims of negligence and spoliation against a company hired for renovation work after a house fire should have survived a motion to dismiss, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
COA affirms revocation of probation for failed drug tests, new offenses in Ohio
The Court of Appeals of Indiana has affirmed the revocation of a man’s probation, finding the defendant violated his probation by failing drug tests and committing new offenses in Ohio.
COA splits, allows suit involving West Coast parties to proceed in Indiana
Parties from the West Coast who entered into two contracts with an Indiana company had sufficient contacts within the state to give an Indiana trial court jurisdiction over them, the Court of Appeals of Indiana ruled in a split decision.
Appellate court affirms trial court’s summary judgment orders in land dispute case
A trial court did not err in awarding summary judgment to two couples in a Porter County property dispute case, the Court of Appeals of Indiana affirmed Monday.
COA affirms denial of motion to dismiss in wrongful death case filed after drunken driving crash
The Court of Appeals of Indiana affirmed Wednesday a lower court’s decision to deny a motion to dismiss a claim that two restaurants negligently furnished alcohol to a driver who crashed into another vehicle, resulting in the death of another driver.
Judge dismisses wrongful death complaint against Indy, IMPD in ex-IU football player’s shooting death
A federal judge has dismissed a wrongful death complaint against the city of Indianapolis and its police force in the death of former Indiana University football player Chris Beaty, who was fatally shot in 2020.
Reversal: Personal rep can’t pursue emotional distress damages under wrongful death statute
The estate of a contractor who was shot and killed while canvassing an Indianapolis apartment complex will not receive emotional distress damages, the Court of Appeals of Indiana has ruled.
COA allows property dispute over access to lake to continue
A property dispute between neighbors will continue in the Brown Circuit Court after the Court of Appeals of Indiana overturned the dismissal of the plaintiffs’ amended complaint.