Indiana State Lottery Litigates Class Action

The Indiana State Lottery defended against a class action alleging misstatement of the number and amount of prizes available in a scratch-off game. The Lottery engaged our firm after the trial court denied the lottery's motion to dismiss and granted the plaintiffs' motion for class action. Following discovery, both parties moved for summary judgment and the Lottery's motion was granted in its entirety.

Upon appeal, the Indiana Court of Appeals affirmed the trial court's summary judgment in favor of the Lottery on all but one claim, and on that one claim the court substantially reduced the class of plaintiffs eligible for relief. The plaintiffs sought further review to the Indiana Supreme Court, which denied transfer. Following two more years of discovery and litigation, a settlement agreement was reached on December 11, 2012. Over the course of the litigation, the case went to the Indiana Court of Appeals three times and went to the Indiana Supreme Court once.