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Articles Posted in Indiana Laws

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Indiana’s Month of Bizarre Lawsuits

Every month in America, plenty of bizarre lawsuits get filed (like suing Jessica Simpson for baby snatching) but Indiana has had one strange May, with three ‘unique’ cases making national headlines. Funny Fuzz The ACLU is stepping up to represent a Greenfield, Indiana police corporal attempting to exercise his constitutional…

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Compounding Pharmacies Face Added Scrutiny in Wake of Meningitis Outbreak

A nationwide outbreak of fungal meningitis, traced to medications from a Massachusetts compounding pharmacy, has prompted lawmakers and others to propose strengthening oversight and regulation of compounding pharmacies around the country. These pharmacies currently have no consistent system of federal oversight, although state governments have a wide range of regulations…

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Pedestrian Deaths Along Rail Lines Bring Few Legal Consequences in Indiana

Hundreds of people around the country die every year when they are hit by trains while walking on or along railroad tracks. Despite such a seemingly large number of fatalities, the issue received little attention by lawmakers or the justice system. Railroad companies view the issue as a matter of…

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Indiana Federal Court Dismisses Products Liability Claim by Worker Whose Shirt Caught Fire, Allows Negligence Claim to Proceed: Hathaway v. Cintas Corporate Services, Inc.

A welder filed a products liability lawsuit, claiming that defects in the shirt he was wearing caused it to catch fire while he was operating a plasma torch. The suit, Hathaway v. Cintas Corporate Services, Inc., also asserted causes of action for breach of warranty and negligence. The District Court…

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Law Allowing Wrongful Death Claims for Unborn Children Used for First Time in Car Accident Lawsuit: Baumann v. Slezak, et al

A Nebraska law allowing wrongful death claims for unborn children is getting its first test in a federal lawsuit. The suit, Baumann v. Slezak, et al, arises from a multi-vehicle accident that killed a family of four and their unborn child. It asserts causes of action for negligence and violations…

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More Than Forty People in Indiana Sickened in Fungal Meningitis Outbreak; State Seeks to Revoke License of Pharmacy Where Outbreak Allegedly Originated

Indiana has been one of the hardest-hit states in a nationwide fungal meningitis outbreak that has caused more than three hundred illnesses and over twenty deaths in eighteen states. Health officials believe an injectable medication from a Massachusetts pharmacy is the source of the infection. The pharmacy has recalled the…

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Auto Accident Lawsuit Dismissed for Non-Compliance With the Indiana Tort Claims Act

An unexpected invocation of the Indiana Tort Claims Act (ITCA) led to the dismissal of an auto accident lawsuit in Schoettmer v. Wright, et al. The ITCA requires plaintiffs to serve written notice of a planned lawsuit against the state or one of its political subdivisions within 180 days of…

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Indiana Father Plans to Sue Department of Child Services for Wrongful Death

A Shelbyville man has submitted a tort claim to the Indiana Attorney General, indicating his intention to file a wrongful death lawsuit against the state’s Department of Child Services (DCS) over the death of his one year-old son. He alleges that DCS ignored warnings that the child’s mother and her…

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Liability of Drivers and Their Employers in Distracted Driving Accidents

Drivers have dealt with distractions since the invention of the automobile. The explosive growth in the use of cell phones, however, has compounded the risks presented by distracted driving. Drivers who use their cell phones to talk, send text messages, or even read e-mail or web pages cause thousands of…

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Study Ranking States’ Success at Injury Prevention Gives Average Scores to Indiana

Indiana ranks in the middle of the fifty states and the District of Columbia when it comes to injury prevention, according to a recent study. The study, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report,” is the work of the Trust for America’s Health (TFAH), a health care…

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