Articles

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Is it food poisoning? Expert litigator explains claim evaluation

“These cases are not just someone with a tummy ache,” said William Marler, the food safety expert and attorney who launched his fledgling career after successfully representing more than 100 other Jack in The Box food-poisoning victims. Since then, he has represented hundreds of victims in some of the most serious foodborne illness outbreaks in the country, winning more than $600 million in settlements.

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Indiana survivor’s suit seeks to halt duck boats

An Indiana woman whose husband and three children drowned when a duck boat sank in a Missouri lake has filed a federal lawsuit in Kansas City requesting an end to the manufacture and operation of the amphibious vehicles in the U.S. and elsewhere until they are redesigned for safety.

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Prosecutors: Possible negligence in Missouri boat sinking

The U.S. Coast Guard has found probable cause that the sinking of a tourist boat on a Missouri lake last month that killed 17 people “resulted from the misconduct, negligence, or inattention to the duties” by the captain of the boat, according to a court motion filed Wednesday by federal prosecutors. The July 19 incident claimed the lives of nine members of one Indiana family. 

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7th Circuit rules for paramedic in patient-arrestee’s death

Case law does not clearly establish that a paramedic can violate a patient-arrestee’s Fourth Amendment rights by exercising medical judgment to administer a sedative in a medical emergency, the 7th Circuit Court of Appeals affirmed Wednesday.

The court ruled in the paramedic’s favor on all counts brought by the estate of a man sedated during a naked public rampage.

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Jury awards $289M to man who blames Roundup for cancer

A San Francisco jury’s $289 million award to a former school groundskeeper who said Monsanto’s Roundup left him dying of cancer will bolster thousands of pending cases and open the door for countless people who blame their suffering on the weed killer, the man’s lawyers said.

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Food services company sues closed Indiana college

A private college in Rensselaer that closed last year is being sued by a food service company that alleges administrators concealed the school’s dire financial situation. The company said it wouldn’t have paid for renovations at St. Joseph College had it known of the school’s fiscal problems.

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Judge rules against IU frat in sexual assault negligence case

A fraternity that knows or should know about prior sexual assault allegations against a member has a duty to protect social guests from sexual assault by that member, a district court judge ruled Wednesday. The ruling comes in a case involving a complaint against an Indiana fraternity accused of not protecting guests from one of its members.

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Mediation halts negligence insurance question in murder

The Indiana Supreme Court is no longer tasked with providing clarification on two conflicting rulings related to insurance coverage for parties accused of acting negligently when a co-insured is accused of acting intentionally or criminally, now that the parties to the underlying case have submitted the case for mediation.

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Foreseeability rulings change negligence analyses in premises liability cases

In just 30 pages, the Indiana Supreme Court “redrew (Indiana’s) premises liability landscape,” an appellate court judge recently noted. The October 2016 rulings redefined the parameters courts — not juries — must use when determining whether the harm alleged in a negligence case was was foreseeable, giving rise to a duty.

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Appeals court hears suit from owner of dog killed by DNR trap

While walking her dogs through Versailles State Park one unseasonably warm afternoon in December 2011, Melodie Liddle heard her 9-year-old beagle, Copper, yelping after becoming caught in a hidden raccoon trap. The Court of Appeals is weighing the state’s liability in the case and whether Liddle’s complaint is time-barred.

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