Civil case
Court rules on first impression FLSA issue
August 24, 2010
Jennifer NelsonIn denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge
noted the issue appears to be one of first impression in the 7th Circuit.
More7th Circuit upholds Indiana judicial canons
August 20, 2010
Michael Hoskins, Michael HoskinsA three-judge federal appellate panel says that Indiana’s judicial canons are not unconstitutionally restrictive of
free speech and should stand.
MoreCOA addresses inverse condemnation issues
August 20, 2010
Elizabeth BrockettInverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding
fraudulent concealment and the statute of limitations.
MoreCOA: attorney's statement binding
August 19, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim
for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against
the company and that admission is binding.
MoreCourt upholds judgment in legal malpractice suit
August 16, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although
the judges didn’t agree on the professional obligations of the firm based on its contract.
MoreCOA addresses equine statute for first time
August 16, 2010
Jennifer NelsonRuling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute
barred a woman’s claim for injuries during a horse competition.
MoreAdmittance of psychologist's testimony requires new trial
August 13, 2010
Jennifer NelsonThe Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court
shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
MoreJudges split in adopted trust-beneficiaries matter
August 13, 2010
Jennifer NelsonIn an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana
Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.
MoreNo qualified immunity for officer in diabetic man's claim
August 12, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s
claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
MoreMajority affirms default judgment against Sears
August 12, 2010
Jennifer NelsonThe Indiana Court of Appeals split today as to whether a department store was entitled to have a default judgment set aside.
MoreMan entitled to commission, but a reduced amount
August 4, 2010
Jennifer NelsonBecause a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling
crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured
in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his
former employer owed him due to draws and set-offs.
MoreCourt: insufficient notice bars tort claim
August 3, 2010
Elizabeth BrockettThe Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium
complex and its various longtime issues.
MoreExotic dancers are employees, may settle case
August 2, 2010
Jennifer NelsonA federal judge has found that exotic dancers at an Indianapolis club are employees, not independent contractors as the club
owner argued.
MoreCourt declines to review commitment cases differently
July 29, 2010
Jennifer NelsonThe Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
MoreMother of stillborn fetus satisfies actual victim requirement in Med-Mal Act
July 27, 2010
Jennifer NelsonThe Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
MoreCourt upholds discrimination claims in coroner's office
July 27, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his
white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner
could receive.
MoreArbitration of FCRA claim survives bankruptcy discharge
July 26, 2010
Jennifer NelsonA man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy
proceedings, the Indiana Court of Appeals ruled today.
MoreEast Chicago casino case still alive
July 26, 2010
Michael HoskinsA years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge
vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part
of a settlement.
MoreMedicaid applications review policy doesn't violate federal law
July 21, 2010
Jennifer NelsonAn administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability
application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled
today.
MoreMom sues over girls' high school basketball schedule
July 21, 2010
Jennifer NelsonA Franklin County mother is suing the Indiana High School Athletic Association and multiple school districts claiming discrimination
against the girl’s basketball team based on when the girls play their games.
MoreAttorney fees not recoverable under adult wrongful death statute
July 20, 2010
Elizabeth BrockettThe Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under
the adult wrongful death statute.
More7th Circuit reverses dismissal of NCAA illegal ticket-lottery suit
July 16, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals has allowed a proposed class action case claiming the National Collegiate Athletic Association
operates an illegal lottery to sell tickets to certain sporting events to go forward.
MoreInlow heirs accuse Fifth Third, Hall Render of fraud
July 15, 2010
J.K. WallA bitter battle between the heirs of former Conseco Inc. executive Lawrence Inlow and the bank and attorneys overseeing his
estate will get a hearing Friday in Hamilton County Court.
MoreIndiana joins fight for National Day of Prayer
July 12, 2010
Jennifer NelsonIndiana has joined the fight to reverse the holding by U.S. District Court in the Western District of Wisconsin that the federal
law providing for a National Day of Prayer violates the Establishment Clause.
MoreJustices uphold state's voter ID law
July 7, 2010
Jennifer NelsonVoters will still need to have valid photo identification to be able to vote in person in Indiana elections.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.