Federal agencies

Judges order Social Security Administration to take another look at man’s claim

October 10, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed the denial of a man’s request for disability benefits from the Social Security Administration because it found the administrative law judge didn’t adequately explain why the man hadn’t met requirements for a presumptive disability.
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7th Circuit rejects disability appeal

September 7, 2012
Dave Stafford
An Indiana man lost his appeal of denial of Social Security disability benefits Friday at the 7th Circuit Court of Appeals.
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7th Circuit orders disability case back to administrative law judge

August 28, 2012
Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case back to the administrative law judge for further proceedings.
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Indiana pleased with decision to vacate EPA Transport Rule

August 22, 2012
IL Staff
The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.
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NDLS clinic to participate in patent law pilot project

July 24, 2012
IL Staff
The Notre Dame Law School’s Intellectual Property and Entrepreneur Clinic has been selected by the United States Patent and Trademark Office to take part in the agency’s Patent Law School Clinic Certification Pilot Program beginning this fall.
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Indiana seeks to overturn EPA decision on air quality in Lake, Porter counties

July 19, 2012
IL Staff
Gov. Mitch Daniels and Indiana Attorney General Greg Zoeller said Wednesday they will appeal the U.S. Environmental Protection Agency’s decision to designate Lake and Porter counties as nonattainment regarding ozone.
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State to defend Planned Parenthood ban after adverse Medicaid recommendation

July 9, 2012
Dave Stafford
The Office of the Indiana Attorney General continues to defend a 2011 state law that denies Medicaid funding for health care services to Planned Parenthood because the organization performs abortions.  A federal hearing officer recommended that the Department of Health and Human Services disapprove the state Medicaid plan amendment in the law.
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High court ruling opens Medicaid escape hatch for states

July 4, 2012
J.K. Wall
While upholding President Barack Obama’s health care law, the U.S. Supreme Court on June 28 also opened an escape hatch for states that do not want to take on the project of expanding their Medicaid programs.
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High court ruling opens Medicaid escape hatch for states

June 28, 2012
J.K. Wall
While upholding President Barack Obama’s health care law, the U.S. Supreme Court on Thursday also opened an escape hatch for states that do not want to take on the project of expanding their Medicaid programs.
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SCOTUS rules on FCC case, still no health care decision

June 21, 2012
Jennifer Nelson
The highly anticipated decision by the United States Supreme Court on health care will come another day. The justices released four opinions Thursday, which did not include the challenges to the health care law. They did decide the case before them involving the Federal Communications Commission.
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Indiana joins price-fixing suit against Apple

May 14, 2012
Jennifer Nelson
Indiana has joined a multistate lawsuit against Apple Inc. and two publishing companies for price-fixing the cost of electronic books.
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U.S. Copyright Office counsel to speak at IU Maurer

April 6, 2012
IL Staff
A senior-level attorney for the United States Copyright Office will deliver a public talk on April 9 at Indiana University Maurer School of Law.
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Debating the merits of mandatory seat belts on school buses

March 28, 2012
Jenny Montgomery
The National Highway Traffic Safety Administration reports that in larger buses, the spacing and height of the seats offer crash protection for children through “compartmentalization.” But opinions remain divided about whether compartmentalization does enough to protect students and whether school bus seat belts should be required by law.
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Judges rule on Evansville environmental coverage case

March 23, 2012
Michael Hoskins
The Indiana Court of Appeals has determined a Marion County judge properly granted summary judgment in favor of a group of insurance companies because the city of Evansville was seeking coverage for projects aimed at preventing future sewer discharges, rather than remediating past discharges, which wouldn’t be covered by the policies.
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FTC commissioner to speak on privacy at IU Maurer

March 20, 2012
IL Staff
Julie Brill, one of the four current commissioners of the Federal Trade Commission, will speak on “The FTC and Its Commitment to Consumer Privacy” Wednesday at Indiana University Maurer School of Law.
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EEOC charges Celadon with discrimination

March 14, 2012
Scott Olson
The U.S. Equal Employment Oppor-tunity Commission is suing Celadon Group Inc., charging that the Indianapolis-based trucking firm discriminated against candidates with disabilities who applied for driving jobs.
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Judges affirm dismissal for lack of subject matter jurisdiction

February 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision by a trial court to dismiss a company’s state law claims against a labor union, finding those claims are preempted by a decision of the National Labor Relations Board.
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2 high school students to attend program in Washington, D.C.

January 16, 2012
IL Staff
The Indiana Bar Foundation has announced the names of the two Indiana high school students chosen to attend the United States Senate Youth Program in March.
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Impact of an evolving interstateRestricted Content

December 21, 2011
Michael Hoskins
Lawsuits challenge the environmental footprint and public policy of I-69 expansion in southern Indiana.
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Opinions divided on need for phosphorus regulation

December 21, 2011
Jenny Montgomery
Fishing, boating and swimming are popular summer pastimes in Indiana, but increasingly, Hoosiers looking for a relaxing weekend at the lake are being warned to avoid the water altogether due to pollution.
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Judge rejects dental coverage cap

November 23, 2011
Michael Hoskins
Ruling puts Medicaid dental program in jeopardy.
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Laws on immigrant tuition vary

November 23, 2011
Jenny Montgomery
States differ on interpretation of federal law, create state statutes addressing in-state status for college students.
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Indiana first in region to complete child welfare improvement plan

November 11, 2011
IL Staff
The Indiana Department of Child Services announced Thursday it has received word from Region V of the Administration of Child and Families, an affiliate of the U.S. Department of Health and Human Services, that it has satisfactorily finalized its Program Improvement Plan.
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OSHA postpones enforcement

November 9, 2011
Jenny Montgomery
The Occupational Safety and Health Administration previously announced it would begin enforcing fall protection plans for residential contractors as of Oct. 1 this year. However, on Sept. 29, Jeffry Carter, deputy commissioner of labor for Indiana OSHA, issued a memo that said federal OSHA administrators decided to push back enforcement to March 15, 2012.
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AG wants federal government added to lawsuit

October 12, 2011
IL Staff
Indiana Attorney General Greg Zoeller filed motions in federal court Tuesday asking that the federal government be joined as a necessary party to the state’s immigration lawsuit.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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