Civil case
7th Circuit affirms lower court in appeal over firing
May 21, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has ruled that a bank did not violate a woman’s rights by terminating her employment
because of her husband’s immigration status.
MoreSurety not obligated to pay bond to subcontractor
May 11, 2012
Jennifer NelsonA company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from
a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.
More7th Circuit vacates sanction in contempt judgment
May 1, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases
involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was
imposing the sanction he did, so the 7th Circuit vacated the sanction.
MoreCatholic school teacher claims termination due to fertility treatments
April 25, 2012
Jennifer NelsonA Fort Wayne teacher whose contract at St. Vincent de Paul School was not renewed last year claims it was because she is undergoing
fertility treatment.
MoreCOA reverses trial court in estate case
April 24, 2012
Jenny MontgomeryThe Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not
notify opposing counsel that a motion had been filed.
MoreAppellate panel affirms trial court in dispute over unpaid land rental
April 23, 2012
Jenny MontgomeryA trial court did not abuse its discretion when it denied a man damages for conversion, the Indiana Court of Appeals found.
MoreCOA split on ability to review case
April 18, 2012
Jennifer NelsonThe majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t
have jurisdiction. The majority believed the case was not timely appealed.
MoreHomeowner association has authority to decide on new home proposal
April 5, 2012
Michael HoskinsThe Indiana Court of Appeals has upheld a lower court’s ruling against two homeowners challenging their homeowners association’s
interpretation of covenants on building a new home.
MoreCourt preserves woman's day in court despite delays
April 5, 2012
Michael HoskinsThe Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case
because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in
court was too harsh.
MorePanel disagrees on foreclosure settlement resolution
April 5, 2012
Michael HoskinsThe Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure
release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language
in the contract.
MoreTrial rules require sufficient postage
April 4, 2012
Michael HoskinsThe Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to
put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around
trial rules and court deadlines.
MoreJudges uphold original decision in Clark County surveyor's suit
March 30, 2012
Jennifer NelsonThe Indiana Court of Appeals granted the former Clark County surveyor’s request for a rehearing on its decision regarding
his involvement in two county projects, but found his assertions on rehearing are without merit.
MoreJudges rule in favor of homeowner
March 30, 2012
Jennifer NelsonA trial court did not err when it found in favor of a homeowner on his breach of contract claim against the contractor he
hired to repair his clay tile roof following a storm, the Indiana Court of Appeals concluded.
MoreJudges: Couple lacked standing to challenge road closure
March 30, 2012
Jennifer NelsonThe Indiana Court of Appeals ruled that a trial court properly dismissed a couple’s complaint over the closure of an
access road into cemetery where their daughter is buried.
MoreHome improvement contract enforceable
March 30, 2012
Jennifer NelsonEven though a restoration company’s contract with a homeowner did not satisfy the requirements of the Home Improvement
Contracts Act, that did not automatically render the contract void, the Indiana Court of Appeals ruled. The judges reversed
judgment in favor of the homeowner and ordered he pay the company for the work it performed.
MoreCOA affirms judgment for bank in replevin action
March 30, 2012
Jennifer NelsonThe Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that
while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect
security interest.
MoreJustices affirm ruling in dispute between health care facility and FSSA
March 21, 2012
Jennifer NelsonThe Indiana Supreme Court has affirmed the outcome of a case between Family and Social Services Administration and a decertified
intermediate care facility, in which the net result was a wash for both sides.
MoreSupreme Court rules AOL required to pay online use taxes
March 16, 2012
Michael HoskinsThe Indiana Supreme Court has held that companies purchasing online promotional materials from outside the state must pay
a use tax when those materials are distributed within Indiana.
MoreTort law case tests boundaries of 'duty'
March 14, 2012
Jenny MontgomeryThe Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which
one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the
majority opinion could have a negative impact on public policy.
MoreCOA affirms dismissal of case 18 years after filing
March 8, 2012
Michael HoskinsThe Indiana Court of Appeals has ruled that a Henry Circuit judge correctly dismissed a union’s complaint about a manufacturing
plant closure more than two decades ago, finding that the union failed to prosecute the case for 18 years and that was an
adequate basis for dismissal.
MoreTitle dispute leads to appellate reversal
March 7, 2012
Michael HoskinsThe Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine
the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement
dispute.
MoreUnion withdraws request for temporary restraining order
March 6, 2012
Jennifer NelsonThe union that filed a lawsuit last month in federal court challenging Indiana’s “right-to-work” law has
withdrawn its emergency motion for a temporary restraining order.
MoreJudges affirm ruling in favor of Jeep dealer
March 1, 2012
Jennifer NelsonThe Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries
in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.
MoreParents cannot each recover under policy's underinsured motorist provisions
February 29, 2012
Jennifer NelsonThe parents of a teenager killed in a crash during a drag race cannot recover funds in their individual capacities under their
automobile insurance underinsured motorist provisions, the Indiana Court of Appeals concluded.
MoreCOA upholds judgment in favor of employer in wrongful termination suit
February 21, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed
by a former employee claiming wrongful termination.
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Court Calendar
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May 23, 2012 Covered Bridge Homeowners Association vs. Town of Sellersburg, Indiana - 5/23/12
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June 1, 2012 Brotherhood Mutual Insurance Co., et al. v. Michiana Contracting, et al. - 6/1/12
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June 12, 2012 State of Indiana Military Department, et al. v. Continental Electric Co.
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June 19, 2012 The City of Indianapolis v. National Trust Insurance Co., et al.
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G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.
SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.
Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.
Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.
Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.
This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.