Civil case

Lawyer failed to deny note execution under oath

September 11, 2009
Jennifer Nelson
Because an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court of Appeals ruled today.
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Court rules on LLC matter of first impression

September 10, 2009
Jennifer Nelson
The Indiana Court of Appeals had to decide for the first time whether a company owes a continuing fiduciary duty to a former shareholder or member to accurately report the company's fiscal results to the IRS for a year in which the former member held stock or was still a member of the limited liability company.
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Lawyer entitled to $1.05 million default judgment

September 10, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a default judgment in favor of an Indiana attorney because an Illinois attorney demonstrated "contumacious disregard" for a trial court's orders.
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Justices rule in favor of cup manufacturers

September 8, 2009
Jennifer Nelson
The manufacturer defendants in a suit claiming defects in their measuring cup caused the death of a 9-year-old boy are entitled to summary judgment, the Indiana Supreme Court affirmed today.
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Judges differ on application of high court ruling

September 8, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint accounts because he believed an Indiana Supreme Court decision was binding in the case.
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Judges question earlier Circuit holding

September 4, 2009
Jennifer Nelson
A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.
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Court rules on adult-business ordinance

September 4, 2009
Jennifer Nelson
Six years after the city of Indianapolis amended its adult-business ordinances, the 7th Circuit Court of Appeals has ordered the District Court to hold an evidentiary hearing on whether the restricted hours in the new ordinance violate the businesses' constitutional rights.
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Court rules on transfer to California court

September 3, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act.
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Judge: Officer is entitled to qualified immunity

September 3, 2009
Jennifer Nelson
A federal judge ruled in favor of a defendant police officer in a suit alleging he conducted a warrantless and unreasonable search of a home to find a gun mentioned in a 911 call.
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High court rules on post-judgment interest

September 2, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in order to clarify precedents on post-judgment interest in dissolution cases. The high court held that the dissolution statutes give a court the option to either assess interest or not in the course of fashioning a just division of assets.
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Amended ordinance doesn't apply to travel plaza

August 31, 2009
Jennifer Nelson
An Allen Superior Court correctly ruled that a travel plaza had a vested right to develop its plans under an original zoning ordinance, the Indiana Court of Appeals affirmed today.
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COA: Business is a nuisance to homeowners

August 26, 2009
Jennifer Nelson
Despite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
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Worker's suicide fails chain of causation test

August 21, 2009
Jennifer Nelson
A widow's request for workers' compensation benefits of her deceased husband can't be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband's death.
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Fax confirmation creates issue of fact

August 20, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.
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Female firefighter not discriminated against

August 20, 2009
Jennifer Nelson
The Indianapolis Fire Department didn't discriminate against a short female firefighter when it ordered her to be psychologically evaluated or perform driving tests, the 7th Circuit Court of Appeals affirmed today.
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Judges disagree if testimony is hypothetical

August 18, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.
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IDEM could fire employee for ethics violation

August 17, 2009
Jennifer Nelson
The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.
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COA disagrees on damages to bidder

August 12, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for work at a state-run hospital based on fraudulent information from another bidder.
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Insurer's policy breach a case of first impression

August 11, 2009
Jennifer NelsonMore

Judges: amendment not retroactive

August 11, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals ruled today that an estate's interpretation of a 2003 amendment to Indiana Code would threaten the fiscal health of governmental entities and that the amendment isn't retroactive.
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Judge argues ruling puts form over substance

August 10, 2009
Jennifer Nelson
The chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes the decision leads to "an inequitable result."
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Couple should be allowed truck title

August 5, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a couple in a vehicle title dispute, ruling the pair should be allowed to take the title free of an auto auction's security interest in the truck.
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Insurer must provide underinsured coverage

August 4, 2009
Jennifer Nelson
An insurance policy that doesn't provide uninsured or underinsured motorist coverage to all insureds is contrary to public policy based on Indiana statute, affirmed the Indiana Court of Appeals.
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Police officer not entitled to qualified immunity

August 3, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a police officer isn't entitled to qualified immunity in a suit claiming excessive force because the officer didn't have a reason to point a submachine gun at the plaintiffs during the execution of a search warrant.
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COA reverses one dismissal of inmate's suit

August 3, 2009
Jennifer Nelson
The New Castle inmate with a history of filing frivolous lawsuits got a minor victory in the Indiana Court of Appeals today. The judges reinstated his complaint against the only person who presided over the inmate's disciplinary hearing for a Department of Correction rule violation for filing a frivolous claim.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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