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Last UpdatedTHU., MAY 23, 2013 - 4:39 PM
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Seeking an exclusion for innocent co-insured

A LaPorte County woman who lost her home to a fire allegedly started by her estranged husband is at the center of a legal dispute with her insurance company that could set precedent.More.

State seeks contempt against East Chicago casino group04:35 pm

Principals of a politically connected East Chicago group that received $16 million in casino revenue intended to benefit the city should be held in contempt if they continue to fail to disclose what happened to the money, the state argued in court Thursday.More.

Legislative Council approves interim committees but concedes number becoming unwieldy03:20 pm

Marilyn Odendahl
While Indiana's Legislative Council passed by consent Thursday the resolution creating 18 commissions and interim study committees, leaders in the Indiana House of Representatives voiced concerns over the growing number of summer study committees and unwieldy list of topics to review.More.

Convicted ex-coroner hits Brizzi with legal malpractice suit02:54 pm

Dave Stafford
Former Hancock County coroner Tamara Vangundy paid for negligent legal advice on her plea deal in a drunken-driving and official-misconduct case that ended her career as an elected official, she alleges in a legal malpractice claim filed against former Marion County Prosecutor Carl Brizzi.More.

In This Issue

MAY 22-JUNE 4, 2013
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A LaPorte County woman who lost her home to a fire, allegedly started by her estranged husband, is at the center of a legal dispute with her insurance company that could set precedent in Indiana caselaw. Goodbye, Indiana inheritence tax. 7th Circuit Chief Judge Frank Easterbrook says his Circuit is a leader in productivity.

Top Stories

Seeking an exclusion for innocent co-insured

A LaPorte County woman who lost her home to a fire allegedly started by her estranged husband is at the center of a legal dispute with her insurance company that could set precedent.More.

Legislators taking time to investigate

Interim study committees are credited with enabling the Indiana General Assembly to thoughtfully review issues.More.

Criticism of judge results in discipline case

Indianapolis attorney and blogger Paul Ogden speaks his mind, sometimes to his disadvantage, he concedes. Now he could lose his law license because of things he wrote.More.

Lawsuit threatens NCAA's amateur business model

The NCAA is facing a potential game-changing legal battle that has some colleges worrying their athletic budgets could be halved.More.

Easterbrook: 7th Circuit 'nation's leader' in productivity

Chief Judge Frank Easterbrook of the 7th Circuit Court of Appeals presented his final State of the Circuit address during the Circuit conference this month in Indianapolis, describing the federal appellate court for Indiana, Illinois and Wisconsin as perhaps the nation’s most industrious.More.

Lugar: I paid the price for support of Obama picks

Former Indiana Sen. Richard G. Lugar told members of the federal judiciary May 6 that his support of President Barack Obama’s Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during his 36 years in the Senate.More.

Chief Justice Roberts says cuts to judiciary budget becoming too deep

Describing the immediate impact changes in judicial budgets have on court staff, Chief Justice of the United States John Roberts used part of his address to the 7th Circuit Bar to highlight the fiscal constraints judges and courts are facing today.More.

Focus

Attorneys must financially prepare for life during retirement

Law firms use 401(k)s to help employees save for their golden years.More.

Taxed to death no more

The fate of the inheritance tax in Indiana went from a slow, lingering demise over the next decade to sudden death in the biennial budget lawmakers approved this session.More.

Opinion

Hammerle on...'The Great Gatsby,' 'Iron Man 3'

Bob Hammerle recommends you see "The Great Gatsby" on the big screen.More.

Finney: The OneNote tool you actually need

In this on-demand era of instant gratification, we expect that information should always be at our fingertips. Our time is precious and we all want others to respect that fact; in return doesn’t that mean we should all be respectful of the time that others give to us?More.

Start Page: Fighting interruption addiction, continued

In my last column, I confessed I was addicted to interruptions: email, voice mail, texts, phone calls, Twitter feeds, etc. Studies have shown multitasking lowers IQ.More.

Inbox: Court guts medical hearsay exception for children

Laurie Gray, a former prosecutor, writes about the recent Indiana Supreme Court decision's impact on medical hearsay exception for child victims.More.

In Brief

Law School Briefs - 5/22/13

Read news from Indiana's law schools.More.

Supreme Court’s ruling for Monsanto described as good decision

The Supreme Court of the United States decision upholding the patent owned by Monsanto Co. was surprising only in its unanimous affirmation.More.

Justices take Star appeal regarding naming of online commenter

The Indiana Supreme Court will decide whether the Indianapolis Star must reveal the identity of an online commenter in a long-running defamation case filed by a former executive of a nonprofit organization.More.

Carr investiture completes bankruptcy court transition

Judge James Carr, right, takes the oath May 14 as the newest member of the Bankruptcy Court for the Southern District of Indiana.More.

Justices block Schiralli’s Lake County bench transfer

The Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge Mary Beth Bonaventura after her appointment to head the Department of Child Services.More.

Indianapolis law firm Stewart & Irwin closing

An Indianapolis law firm with a broad range of representation and diverse clientele plans to close its doors after more than 90 years.More.

Memorable moments from the 7th Circuit Bar Association and Judicial Conference of the 7th Circuit

Here are some highlights from the recent 7th Circuit Bar and Judicial Conference in Indianapolis.More.

Special Sections

Indiana Court Decisions - May 1 to 14, 2013

Read appellate opinions from Indiana courts.More.

On The Move

On The Move - 5/22/13

See who's recently joined Indiana firms or been honored for their work.More.

Disciplinary Actions

Disciplinary Actions - 5/22/13

Read who's been suspended and who has resigned from the Indiana bar.More.

Bar Associations

Bar Crawl - 5/22/13

Read news from the Indiana Bar Foundation and the Indiana State Bar Association.More.

DTCI: Getting Paid on a Construction Project

The latest on contingent payment clauses.More.

Blomquist: Gideon at 50 is A Work in Progress

2013 marks the 50th anniversary of Gideon v. Wainwright, the landmark Supreme Court decision that established that under the Constitution, states are required to provide a lawyer to criminally charged defendants who cannot otherwise afford one.More.

IBA: Interrogatories

She is a graduate of Indiana University and the Indiana University McKinney School of Law. She served as Revisor of Statutes, Director of the Public Law Division of the Indiana Legislative Services Agency, and Chief Counsel to the Indiana Senate before entering private practice in 1988. She is Marcia Oddi, the preeminent Indiana law blogger, and she has been served with interrogatories.More.

IBA: Bar Gathers to Honor Paralegals

The assistance of qualified and competent paralegals is crucial to the success of many attorneys.More.

IBA: Indianapolis Bar Foundation Awards Academic and Educational Scholarships

The Indianapolis Bar Foundation recently awarded seven scholarships to both law students and to individuals preparing to take the Indiana Bar Exam in summer 2013.More.

IBA Frontlines -5/22/13

Read news from the IndyBar!More.
Juvenile Justice Juvenile Justice

Improving a child's access to counselRestricted Content

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

Early intervention for juvenilesRestricted Content

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

The evolution of capital punishmentRestricted Content

The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.More.

Enduring legal process doesn't change parents' desire for justice

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.

More.

Mental aspect of capital cases can be challenging

When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.More.

Prosecutors: money doesn't trump other factors when considering death penaltyRestricted Content

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.More.

Recent changes impact state justice system

National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.More.

Clinic argues for man's innocence

the Indiana Supreme Court is considering whether to accept a post-conviction case on an issue some say is an important question of law relating to wrongful convictions.More.

Teaming up for change

National, local experts meet in Indiana to discuss juvenile justice.More.

Aiming for exoneration

Inmate awaits court hearingMore.

Indiana: Better economic climate

State's legal community successfully rising to recession-related challengesMore.

Lawyers challenge imbalance of power

Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.More.

Attorneys squeezing savings

Bar associations offer discounts, cost-cutting options for legal communityMore.

Money woes 'going to get worse'

County courts, prosecutors, public defenders face tight budgetsMore.

Indiana's legal aid in trouble?

3 legal aid providers discuss the economy's effectsMore.

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.More.

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

What's next for Indiana's juvenile system?

Indiana lags in statewide reform, but builds on localized successes.More.

'Out of the court's hands'

Lake County teen recognizes she is responsible for future in juvenile system.More.
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Indiana makes gains in permanent placementRestricted Content

The state sees improvement, but aims to do better.More.

Views shift on use of executions

What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.More.

What's next for Indiana's death penalty?Restricted Content

Unlike other states, Indiana has not abolished or suspended use of executions.More.

State death penalty cases averaged 17 yearsRestricted Content

When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.More.

Balancing philosophical with practical concerns regarding death penaltyRestricted Content

Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.More.
Juvenile Justice Juvenile Justice

Tug-of-war

A last-minute change to a bill during the 2009 special session has stripped judges of their discretion regarding juvenile placements out of state by requiring them to get permission from the Department of Child Services. All three branches are reacting.

More.

Escaping execution

Exoneree joins statewide campaign calling for a death-penalty moratorium.More.

Reforms urged to prevent mistakes

Indiana explores what revisions to make to its criminal justice system.More.

Rising number of exonerees reflects flaws in justice system

Convicts are turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue surfacing in the nation's court system.More.

CJ: Most players in appeals acting responsibly

The Indiana chief justice said in an order that he would "smack down" judicial overreaching or overspending.More.

Bose lays off lawyers

Cuts are state's first announced publiclyMore.

Lawyer lands on feet

Attorney's job loss leads to his own legal consulting businessMore.

Mergers: Are we done yet?

2008 could be record year for law firm consolidationMore.

Tough times drive change

Attorneys see evolving legal work caused by economic woesMore.

System delivers injustice

Exonerated face new, old legal hurdles after release.More.

Counties must pay for juvenile facilities

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.More.

Teens share stories about juvenile justice experience

Two Elkhart County teens say it took incarceration to teach them a lesson.More.

Detaining questions

Funding of youth detention, alternatives draws concern.More.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.

Medical malpractice
Resa v. Greathouse-Williams, et al.

More

 

Trucking accident
Willetter Morrison-Johnson and Steven Johnson v. Republic Services of Indiana, L.P. and Jason Stanley

More

 

Automobile accident involving police officer
Rolla Trent, individually and as administratror of the estate of Shirley Trent, deceased v. City of Peru
More

 

More Trial Reports

Blogs

Indiana ranks 7th in claims for dog bites

Based on the number of claims for dog bites in 2012 reported by one insurance company, Indiana dogs have a propensity to bite. State Farm’s top 10 states for dog bite claims has the Hoosier State ranking 7th.More.
 


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Opinions May 23, 2013

7th Circuit Court of Appeals
Tommy L. Morris, personal representative of the estate of Thomas Lynn Morris v. Salvatore Nuzzo
12-3220
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Vacates the dismissal of the claims of Tommy Morris against Nuzzo. The District Court erred in its determination that Nuzzo was fraudulently joined. Remands with instructions the case be further remanded to the Trumbull County Common Pleas Court of Ohio.More.
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