District Courts

Federal court addresses resentencing issue

October 25, 2011
Michael Hoskins
A federal appellate court’s general remand for resentencing doesn’t necessarily mean a defendant will receive a lesser penalty or be able to introduce new arguments, the 7th Circuit Court of Appeals ruled Tuesday.
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Northern District increases bankruptcy fees

October 24, 2011
IL Staff
On Nov. 1, several fees will increase in the United States Bankruptcy Court’s Northern District of Indiana.
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EnerDel parent facing shareholder legal battle

October 19, 2011
IBJ Staff
A federal judge in New York as early as this week could chose a lead plaintiff from among at least three lawsuits accusing the parent of Indianapolis-based advanced-battery maker EnerDel of misleading investors about its financial condition.
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Bankruptcy fees increase Nov. 1

October 19, 2011
IL Staff
On Nov. 1, several fees will increase in the United States Bankruptcy Court’s Southern District of Indiana, including the Title 11 administrative fee, AP filing fee and notice of appeal fee.
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Man pleads guilty to espionage, theft

October 18, 2011
IL Staff
A Chinese national and former employee of Dow AgroSciences LLC pleaded guilty Tuesday to economic espionage and theft of trade secrets in federal court. Kexue Huang’s case is the first prosecution in Indiana for foreign economic espionage.
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Justices take certified questions

October 5, 2011
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions stemming from a case in the Southern District of Indiana.
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Bankruptcy judges relocating

September 30, 2011
IL Staff
Beginning in October, three of the bankruptcy judges in the Southern District of Indiana will be relocating their courtrooms because of construction at the Birch Bayh Federal Building and United States Courthouse.
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Circuit Court rules in favor of utility

September 29, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed summary judgment in favor of a Louisville utility in a dispute as to whether landowners could eject the utility from their property after violating portions of the lease. The appellate judges also declined to certify a question to the Indiana Supreme Court.
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Federal judge finds U.S. law preempts state 'robo-call' statute

September 28, 2011
Michael Hoskins
The state is not able to prevent out-of-state entities from placing political calls to residents within Indiana because of an existing federal law, according to a federal judge’s ruling on Indiana’s auto-dialer statute.
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Judge: query goes too far

September 28, 2011
Michael Hoskins
Ruling strikes down one Indiana bar exam application question.
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BLE will strike broad question, revise other

September 27, 2011
Michael Hoskins
The Indiana Supreme Court’s Board of Law Examiners is cutting one controversial question from its annual bar exam application and will revise another in order to comply with a federal judge’s recent ruling.
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Federal judge: 1 bar exam application question goes too far

September 21, 2011
Michael Hoskins
A federal judge has found that one of the Indiana bar exam application questions violates the Americans with Disabilities Act because it infringes on potential lawyers’ privacy rights.
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Judge allows state to cut Medicaid fees to pharmacists

September 15, 2011
Michael Hoskins
An Indianapolis federal judge has reversed the temporary restraining order she issued two months ago that stopped the state from cutting fees it pays to pharmacists for dispensing Medicaid prescriptions.
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Federal court fees, PACER charge going up

September 14, 2011
Michael Hoskins
The policy-making body of the federal judiciary wants U.S. judges to limit how often they seal entire civil cases. In addition, the public access fee for all records is rising and other court fees are going up.
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New magistrate takes the oath

September 14, 2011
U.S. Magistrate Denise K. LaRue was sworn in Sept. 8 as the Southern District of Indiana's newest magistrate.
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Judge dismisses challenge to NCAA bylaws

September 7, 2011
Jennifer Nelson
Two former NCAA athletes whose scholarships were revoked following injuries have lost their suit that argued without certain NCAA Division I bylaws, they would have received multi-year athletic scholarships that would have covered the cost of their bachelor’s degrees.
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Magistrate judge’s investiture ceremony Thursday

September 7, 2011
IL Staff
The formal swearing-in ceremony for Magistrate Judge Denise K. LaRue of the U.S. District Court, Southern District of Indiana, is at 2 p.m. Sept. 8 in Courtroom 202 of the Birch Bayh Federal Building and United States Courthouse in Indianapolis. The event is open to the public.
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Retired U.S. magistrate judge dies

September 6, 2011
IL Staff
A Marion County attorney who later served as judge of the Circuit Court and as a United States Magistrate Judge died Sept. 1.
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Circuit Court upholds settlement; $43 million in attorney fees

September 2, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld a $180 million settlement and grant of $43.5 million in attorney fees in a dispute between retirement plan participants and their former employer. Some class members objected to the amount of attorney fees, but the 7th Circuit saw no reason to disturb the lower court’s decision.
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Toxic dust exposure leads to litigation

August 31, 2011
Michael Hoskins
Indianapolis attorney Gabe Hawkins has already attended the funerals of three former clients, and he hopes that he won’t have to see a fourth before finally being able to say that the courtroom battle they’ve been waging for years has paid off.
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7th Circuit affirms judgment for officers in diabetic man’s case

August 29, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of the City of East Chicago and police officers on an estate’s excessive force and other claims, finding the officers had reasonable suspicion that a diabetic man who was having a hypoglycemic episode was possibly intoxicated.
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Judge OKs settlement in voter-registration class action suit

August 26, 2011
Michael Hoskins
A federal judge in Indianapolis on Thursday approved a settlement in a class action lawsuit brought against Indiana relating to state offices not adequately providing public assistance for voter registration.
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Judge hears arguments on bar exam application suit

August 25, 2011
Michael Hoskins
How far the Indiana Board of Law Examiners can go in asking potential lawyers about their mental-health history was the subject of a federal court hearing Wednesday, where attorneys explored the scope of the Americans with Disabilities Act and what might be reasonable in determining someone’s potential fitness to practice law.
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Clerk of Court for Northern District retiring

August 18, 2011
Michael Hoskins
The longtime clerk for the Northern District of Indiana is retiring at the end of the year, and those interested in filling that vacancy have nearly a month to apply for the federal court position.
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Federal appeals court examines disputed telephone charges

August 16, 2011
Michael Hoskins
Writing for a unanimous 7th Circuit Court of Appeals panel, U.S. Judge David Hamilton authored an opinion Tuesday full of what he calls “telephonese.” The opinion delves into a small business’s disputed phone bill charges and how those matters are governed by state and common law.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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