District Courts

7th Circuit vacates habeas petition, orders further proceedings

August 30, 2012
Jennifer Nelson
Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.
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Bad BP gas distributed widely in Indy, as far south as Corydon

August 29, 2012
Dave Stafford
Tainted BP gasoline that is the subject of two federal lawsuits in northern Indiana was delivered to and likely sold in at least 28 Indianapolis gas stations and as far south as Corydon and Lawrenceburg, according to information the company provided.
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Same court, new experience

August 29, 2012
Marilyn Odendahl
Hoover Hull LLP partner Alice Morical joins a Southern District pro bono program and faces a jury for the first time.
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Updated instructions aim to prevent social media use during trial

August 24, 2012
IL Staff
Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
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Steak ’n Shake loses appeal over franchisee’s independent pricing

August 24, 2012
Dave Stafford
A longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.
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Man had no constitutional right to counsel

August 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
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AT&T technicians file lawsuit over lunch policy

August 17, 2012
Chris O'Malley
Eleven AT&T technicians have filed a federal lawsuit seeking class-action status to collect unpaid wages and overtime, alleging the company compels them to work during unpaid lunch breaks.
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Federal Rules website revamped, accepting comment on rule changes

August 17, 2012
Jennifer Nelson
The United States Courts’ Judicial Conference Advisory Committee on Appellate, Bankruptcy, Criminal, and Evidence Rules announced Friday that it is seeking comment on several proposed changes to the Federal Rules of Practice and Procedure, as well as changes made to its website. Officials hope the revamped website will be more user-friendly.
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Rehearings - 8/17/12

August 15, 2012
Dave Stafford
Updates on Indiana's immigration law and the former Merrillville doctor facing hundreds of malpractice suits and other charges.
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Bankruptcy filings down across country, Indiana

August 3, 2012
IL Staff
Bankruptcy filings are down 14 percent across the country for the 12-month period ending June 30, 2012, as compared to the year ending June 30, 2011, the Administrative Office of the United States Courts reported Friday. Filings are down by at least 13 percent in Indiana courts.
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Federal Bar Update: No changes to federal rules this year

August 1, 2012
John Maley
Federal rule amendments take affect Dec. 1 of each year after a lengthy, time-consuming process of transmittal from the Judicial Conference to the Supreme Court and then to Congress. This coming December, for the first time in many years, there are no amendments on the horizon for the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, or Federal Rules of Evidence.
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Zoeller: Parts of immigration law can't stand

July 31, 2012
Dave Stafford
Indiana Attorney General Greg Zoeller said Tuesday a recent U.S. Supreme Court decision that struck down most of a tough Arizona law will impact a similar immigration law signed by Gov. Mitch Daniels in 2011.
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New suit alleges NCAA monopoly, seeks class action

July 27, 2012
Dave Stafford
A new federal lawsuit has been filed alleging that the Indianapolis-based NCAA constitutes an illegal college sports monopoly.
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Federal judge rules against environmental groups in I-69 suit

July 25, 2012
Jennifer Nelson
The two environmental organizations challenging the construction of Interstate 69 in southern Indiana lost in federal court Tuesday. The lawsuit filed by Hoosier Environmental Council and Citizens for Appropriate Rural Roads dealt with the stretch of the interstate from Washington, Ind. to Scotland, Ind.
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Mother of man shot to death at Kroger files suit

July 19, 2012
Scott Olson
The mother of an Indianapolis man fatally shot in December by a Kroger manager during what police determined was an attempted robbery is suing the supermarket chain for wrongful death.
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Comment needed on bankruptcy local rule changes

July 18, 2012
IL Staff
The United States Bankruptcy Court in the Southern District of Indiana is seeking comment on proposed amendments to its local rules. The changes include references to the local rules of the District Court.
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Payment changes for appellate filing fees in Northern District

July 12, 2012
IL Staff
Beginning Monday, the U.S. District Court in the Northern District of Indiana will require online credit card payments, via CM/ECF, for filing fees associated with civil and criminal notices of appeal.
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7th Circuit receives 52 applications for bankruptcy judgeships

July 2, 2012
IL Staff
The Judicial Council of the 7th Circuit Court of Appeals received 52 applications from people interested in filling two upcoming bankruptcy court vacancies on the U.S. District Court for the Southern District of Indiana. The court previously announced that Judges Anthony Metz III and Frank J. Otte will retire this year.
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Judge orders Durham, Cochran jailed until sentencing

June 26, 2012
Cory Schouten
Convicted Ponzi schemers Tim Durham and James Cochran will be held in a federal prison until sentencing under an order issued Monday afternoon by U.S. District Judge Jane E. Magnus-Stinson.
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Judge upholds sex offender ban from Facebook

June 25, 2012
Jennifer Nelson
Indiana’s law banning certain registered sex offenders from using social networking sites that allow minors is not unconstitutional, U.S. District Judge Tanya Walton Pratt ruled Friday.
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Durham attorney vows to appeal guilty verdict

June 22, 2012
Cory Schouten
An attorney for convicted fraud mastermind Tim Durham vowed Thursday to appeal the case to the U.S. Supreme Court if necessary to prove his client did nothing wrong.
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Durham found guilty on all counts

June 21, 2012
Cory Schouten
A federal jury found attorney and financier Tim Durham guilty Wednesday on all 12 felony counts stemming from what prosecutors charged was a massive Ponzi scheme that cost investors in Ohio-based Fair Finance more than $200 million.
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Disgraced 'Nose Doctor' keeping lawyers busy

June 20, 2012
Dave Stafford
Dr. Mark Weinberger's silence on 350 medical malpractice claims is providing unique experience for Indiana law firms.
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WellPoint agrees to $90M settlement with former Anthem members

June 15, 2012
Scott Olson
Indianapolis-based WellPoint Inc. has agreed to pay $90 million to settle a class-action lawsuit brought on behalf of more than 700,000 former members of Anthem Insurance Cos. Inc., lawyers for the plaintiffs said Friday afternoon.
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Trial evidence shows desperation in Fair Finance's final days

June 14, 2012
Cory Schouten
The men who presided over Fair Finance were at their wits end by late 2009. In government-recorded phone calls and intercepted emails introduced as evidence in U.S. District Court this week, they come across as exhausted, angry and determined.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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