Civil Case

House to consider extension of civil legal filing fee

March 21, 2017
Marilyn Odendahl
A bill which would extend the pro bono legal services fee on court filings has cleared a committee in the Indiana House of Representatives and is headed for a second reading Tuesday on the floor of the lower chamber.
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Obama’s final year: US spent $36 million in records lawsuits

March 14, 2017
 Associated Press
The Obama administration in its final year in office spent a record $36.2 million on legal costs defending its refusal to turn over federal records under the Freedom of Information Act, according to an Associated Press analysis of new U.S. data that also showed poor performance in other categories measuring transparency in government.
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City sues drugmaker for letting OxyContin flood black market

March 14, 2017
 Associated Press
As deaths from painkillers and heroin abuse spiked and street crimes increased, the mayor of Everett, Washington, took major steps to tackle the opioid epidemic devastating this working-class city north of Seattle. He sued the maker of OxyContin.
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Strip club operator accused of exploiting dancers

March 13, 2017
 Associated Press
A Colorado company that owns over a dozen strip clubs around the country, including in Indianapolis, is facing a federal lawsuit over allegations that it exploited its dancers by requiring them to pay fees in order to work.
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Floyd County seeks to settle jail lawsuit for $1.23M

March 13, 2017
 Associated Press
A southern Indiana county has proposed settling a federal class action lawsuit alleging inhuman conditions at its jail for $1.23 million.
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Justices remand Bloomington property partition dispute

March 6, 2017
Olivia Covington
A woman’s case to partition and sell a Bloomington property will continue after the Indiana Supreme Court reversed a lower court’s finding that the husband and wife with whom the woman purchased the property were not tenants by the entireties of the property.
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Pence asks Supreme Court to keep some governor emails secret

February 28, 2017
 Associated Press
Vice President Mike Pence is asking the Indiana Supreme Court to let him keep secret some documents emailed to him while he was the state's governor.
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Supreme Court seems split in case of boy’s death near border

February 21, 2017
 Associated Press
The Supreme Court of the United States appears to be evenly divided about the right of Mexican parents to use American courts to sue a U.S. Border Patrol agent who fired across the U.S.-Mexican border and killed their teenage son.
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7th Circuit allows Indy airport to proceed with insurance claim

February 20, 2017
Olivia Covington
The 7th Circuit Court of Appeals is allowing the Indianapolis Airport Authority to move forward with part of an insurance claim stemming from a construction incident at the Midfield Terminal that delayed its opening in 2008.
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Indiana trial court civil case records to debut online March 1

February 8, 2017
IL Staff
A number of Indiana trial court records will be made available to the public online at no cost beginning March 1 through the state’s case management system, Odyssey, according to a Supreme Court order issued Tuesday.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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7th Circuit reverses dismissal of ‘arbitrary’ Appeals Council decision

January 31, 2017
Olivia Covington
The 7th Circuit Court of Appeals Tuesday reversed an Appeals Council decision to dismiss an Indiana man’s good cause request after initially granting the request, finding that the sudden change of course was arbitrary.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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COA upholds denial of IRA garnishment

January 31, 2017
Olivia Covington
The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.
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Syrian family denied entry sues Trump administration

January 31, 2017
 Associated Press
A lawsuit has been filed against the Trump administration on behalf of a Syrian family who was denied entry into the United States at the Philadelphia airport over the weekend.
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Divided COA reverses denial of proceedings supplemental

January 30, 2017
Olivia Covington
A divided Indiana Court of Appeals panel has reversed a trial court’s denial of a motion for proceedings supplemental in a civil case, writing that it was incumbent upon the county clerk, not the litigant, to ensure that a criminal court knew of a lien against criminal bond proceeds.
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Woman exonerated in murder loses appeal over fingerprint errors

January 27, 2017
Olivia Covington
The 7th Circuit Court of Appeals declined to allow a plaintiff to seek money damages against an Elkhart County detective who incorrectly identified latent fingerprints as those of a woman convicted of murder in 2002. The panel ruled that despite his training, the detective was still considered an expert on fingerprint identification.
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COA reverses denial of summary judgment to bank

January 26, 2017
Olivia Covington
The Indiana Court of Appeals has ruled that U.S. Bank is a bona fide purchaser of an Indianapolis property and was entitled to summary judgment after finding that the mortgage an investment company held on the property could not be found by an adequate title examination.
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Judge rules for Teamsters, notes plaintiff’s gambling bills

January 26, 2017
Dave Stafford
The owner of a defunct trucking business who sued an Indianapolis Teamsters local alleging interference with business relationships lost her case, and a judge used his order to point out that money withdrawn from the company’s bank account for gambling sprees occurred at the same time the union alleged its health benefits went unpaid.
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Open government advocates find victory in Groth decision

January 25, 2017
Olivia Covington
Not much was changed in terms of government transparency when the Indiana Court of Appeals rejected former Gov. Mike Pence’s argument that the Indiana executive branch’s responses to open record requests are exempt from judicial review. But, according to open government advocates, that lack of change is actually a good thing.
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Birth certificate battle headed to 7th Circuit

January 24, 2017
IL Staff
Indiana’s battle over who can be listed on a birth certificate is headed for another round with the state filing an appeal of a federal court’s ruling that allows non-birth mothers to be listed on their children’s birth certificates.
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Barker rules ballot photo ban unconstitutional

January 24, 2017
Olivia Covington
An Indiana law prohibiting voters from taking photos of their ballots for personal use is an unconstitutional violation of First Amendment rights, a district court judge has decided.
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COA: Trial court lacked jurisdiction to order BMV to act

January 23, 2017
Olivia Covington
The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.
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Lawsuit: Trump businesses violate Constitution

January 23, 2017
 Associated Press
A lawsuit Monday alleged that President Donald Trump is violating the emoluments clause of the US Constitution that prohibits him from receiving money from diplomats for stays at his hotels or foreign governments for leases of office space in his buildings. The suit was filed by a legal watchdog group, but the language of the clause is disputed by some legal scholars, setting the stage for a court fight with the White House.
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Supreme Court rejects Texas appeal over voter ID law

January 23, 2017
 Associated Press
The Supreme Court of the United States on Monday rejected an appeal from Texas in its effort to restore its strict voter identification law, but the case could return to the court later.
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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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