State law requires people with claims against state agencies to file a notice and give the state 90 days to respond. Attorney General Greg Zoeller has asked Marion Superior Judge Theodore Sosin to throw out the class-action because it was filed the same day as the claim notice. He calls the suit an attempt to "cut in line" in front of other defendants.

Attorney Irwin Levin responds his lawsuit acknowledges up front that the state has no duty to respond for 90 days, and no action will be taken until then. He says the dismissal motion only delays compensation to people who deserve it.