District Courts

Hogsett: Machine gun case most ‘egregious,’ ‘dangerous’ he’s seen

April 22, 2014
IL Staff
Joe Hogsett on Tuesday announced the maximum penalty was warranted in a felony firearm case he called the most “egregious and dangerous” he’s seen during his time as U.S. attorney for the Southern District of Indiana.
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Employee defection sparks battle between brokerages

April 17, 2014
Chris O'Malley, IBJ Staff
Hylant Group says a former worker in its Carmel offices broke a non-compete agreement and poached clients for his new insurance-brokerage gig in Indianapolis.

 
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Attorneys now can hyperlink in e-filing in Southern District

April 15, 2014
IL Staff
Reference materials in the U.S. District Court for the Southern District of Indiana are now just a click away. Attorneys may now use active hyperlinks within e-filed documents.
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Senators seek candidate to fill Judge Barker’s vacancy

April 14, 2014
Marilyn Odendahl
Indiana Sens. Joe Donnelly and Dan Coats have begun the process for selecting a candidate to fill the vacancy coming to the U.S. District Court for the Southern District of Indiana.
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Body shops sue insurers, allege push to drive down prices

April 14, 2014
Chris O'Malley, IBJ Staff
In a federal lawsuit, 14 Indiana shops accuse State Farm Insurance and competitors of extracting “unreasonable and onerous” concessions on vehicle repair costs.
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Northern District seeks magistrate for Fort Wayne division

April 11, 2014
IL Staff
The U.S. District Court in the Northern District of Indiana is now accepting applications for a full-time magistrate judge in the Fort Wayne division. The Judicial Conference of the United States has authorized the appointment.
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Bankruptcy court addresses e-filing, weather issues

April 11, 2014
IL Staff
The United States Bankruptcy Court in the Southern District of Indiana has posted notice on its website as to how it will handle situations when the electronic case filing system is unavailable or weather creates access issues for customers.
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Judge grants temporary restraining order in same-sex marriage suit

April 10, 2014
Marilyn Odendahl
A same-sex couple’s plea that Indiana recognize their marriage was granted Thursday by a federal judge in Evansville, a significant ruling in one of the five separate lawsuits that are challenging the state’s ban on same-sex marriage.
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Indy club must pay BMI for DJ’s tunes

April 10, 2014
Dave Stafford
A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.
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Senior status not likely to slow Judge Barker

April 9, 2014
Marilyn Odendahl
Attorneys and judges alike say whenever Judge Sarah Evans Barker is on the bench, there is no question who is in charge in that courtroom. This is a judge they universally describe as well-prepared, well-organized and authoritative, but not averse to occasionally introducing a little humor in the proceedings.
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Hearing on motion for TRO on marriage statute Thursday

April 7, 2014
Marilyn Odendahl
The multiple challenges to Indiana’s ban on same-sex marriage are picking up steam with the federal court scheduling arguments regarding a temporary restraining order and the state filing a motion to dismiss one of the lawsuits.
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Same-sex couple’s bid for recognition expedited due to grave illness

April 2, 2014
Dave Stafford
The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.
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Court upholds Plymouth pay policy challenged by reservist

April 2, 2014
Dave Stafford
The city of Plymouth’s policy on longevity pay withstood a challenge by a police officer who unsuccessfully claimed he was entitled to the full benefit rather than a prorated share for time he spent deployed as a U.S. Air Force Reservist.
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Judge Sarah Evans Barker to take senior status

March 31, 2014
Marilyn Odendahl
After 30 years on the federal bench, Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana has announced her intention to take senior status effective June 30, 2014.
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District Court properly handles expert testimony by non-expert witnesses

March 31, 2014
Marilyn Odendahl
Although neither witness called to testify in a criminal trial was an expert, the 7th Circuit Court of Appeals ruled the District Court did not err by barring the testimony of the defense witness while allowing the statements of the government witness.
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Rose-Hulman to honor Muncie native serving on federal bench

March 31, 2014
IL Staff

Federal Judge Robert L. Wilkins will receive an honorary doctorate of engineering degree during the 136th commencement ceremonies on May 31 at Rose-Hulman.

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Court won’t seal evidence in Spierer civil suit

March 21, 2014
Dave Stafford
Evidence in the federal civil suit against the last people believed to have seen missing Indiana University student Lauren Spierer may not be covered by a broad order shielding exhibits and testimony from public view.
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Challenges to Indiana’s same-sex marriage ban piling up in federal court

March 14, 2014
Marilyn Odendahl
The American Civil Liberties Union of Indiana Friday filed a lawsuit in federal court challenging the state’s ban on same-sex marriage, becoming the third such complaint lodged against Indiana in a week.
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Federal Bar Update: ND requires e-filing; SD launches hyperlink pilot

March 12, 2014
John Maley
Effective Feb. 24, all new complaints and removals in the Northern District of Indiana must be e-filed.
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Federal suit filed against Indiana marriage statute

March 7, 2014
Marilyn Odendahl
While Indiana’s same-sex marriage amendment is on hold in the Legislature, a challenge to the state’s law banning same-sex marriage was filed March 7 in U.S. District Court for the Southern District of Indiana.
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7th Circuit affirms denial of motion to suppress search of car

February 27, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the denial of an automobile passenger’s motion to suppress evidence found in the car during a traffic stop, which led to his eventual pleading guilty to a heroin offense. The judges found no error by the District judge in crediting the testimony of the police officer who pulled the vehicle over because he believed the speed it was traveling and distance to the car in front of it violated Indiana law.
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Mom and pop store can’t proceed pro se in Coach trademark lawsuit

February 26, 2014
Dave Stafford
The owners of a southern Indiana general store accused in a federal lawsuit of selling knockoff high-end Coach-brand products may not represent pro se their incorporated general store named in the suit.
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No relief in sight for busy Southern District judges

February 26, 2014
Dave Stafford
Judges of the U.S. District Court of the Southern District of Indiana are among the nation’s busiest. They have been for years, and that’s unlikely to change anytime soon.
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Cold beer sales hearing begins Thursday

February 19, 2014
A federal judge in Indianapolis Thursday will consider a group of convenience and grocery stores’ challenges to the state law prohibiting those businesses from selling cold beer.
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Southern District testing inclusion of links in documents

February 14, 2014
IL Staff
The U.S. District Court for the Southern District of Indiana announced this week that it is beginning a pilot program that will let the court and attorneys include active hyperlinks within e-filed and court-issued documents.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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