Court opinions

Wal-Mart did not discriminate against pregnant employee, 7th Circuit rules

June 12, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals held that a woman failed to prove her claims of discrimination, retaliation and other complaints against her former employer.
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Man's murder sentence upheld in abduction slaying

June 11, 2012
Dave Stafford
A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.
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Drug dealing, possession convictions upheld again

June 11, 2012
Dave Stafford
The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.
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COA: Sex offender registration statute not unconstitutional

June 11, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a man who was convicted of violating requirements of the Indiana sex offender registry statute failed to show evidence of ex post facto law.
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Attempted murder sentence upheld in Martinsville school shooting

June 11, 2012
Dave Stafford
A Martinsville teen who as an eighth-grader shot and seriously wounded a classmate will continue to serve a 35-year sentence with five years suspended for his attempted murder conviction as an adult.
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Appeals court affirms attempted rape conviction

June 8, 2012
Dave Stafford
A man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an attempted rape conviction Friday.
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COA reverses in favor of FSSA in provider payment dispute

June 8, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a trial court erred in ruling in favor of health care providers regarding payments from the state’s Residential Care Assistance Program.
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Daughter's emancipation upheld; COA advises on forthcoming child-support changes

June 8, 2012
Dave Stafford
A 20-year-old woman will remain emancipated from her divorced parents after the Indiana Court Appeals on Friday upheld a Howard Circuit Court order.
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7th Circuit affirms court in retaliation claim

June 8, 2012
Jenny Montgomery
A man who claimed he was wrongfully terminated in retaliation for claiming racial discrimination at his workplace was fired for just cause, the 7th Circuit Court of Appeals ruled.
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COA: Indiana hog farmer’s suit against N.C. operation to proceed

June 7, 2012
Dave Stafford
A North Carolina commercial hog operation must face an Indiana farmer’s claims of nuisance, negligence and trespass after an intentionally introduced, highly contagious virus infected his neighboring herd, causing damages in excess of $275,000.
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Appeals court affirms admission of victim video in molestation trial

June 7, 2012
Dave Stafford
St. Joseph Probate Court did not err when it allowed videotaped evidence of a child molesting victim to be presented at the fact-finding hearing of a minor who subsequently was placed at the Indiana Boys School.
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COA finds court made several errors in sentencing

June 6, 2012
Jenny Montgomery
A trial court erred in sentencing a man who was on probation for one offense when he committed another, the Indiana Court of Appeals ruled.
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Termination of father's parental rights upheld on appeal

June 6, 2012
Dave Stafford
A father with a history of incarceration and substance abuse properly had his parental rights to his four minor children terminated, an Indiana Court of Appeals panel ruled Wednesday.
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Appeals court affirms dismissal of suit against Nappanee in near-drowning

June 6, 2012
Dave Stafford
The city of Nappanee was not negligent and didn’t breach its duty of care when a 5-year-old boy required CPR after lifeguards rescued the child as he floated face-down in a city pool, the Indiana Court of Appeals ruled Wednesday.
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Revocation of probation was court error

June 5, 2012
Jenny Montgomery
A trial court erred when it revoked a man’s probation, because it failed to consider several factors before issuing that order, Indiana’s Court of Appeals ruled.
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COA holds omission of 'voluntary' was not an error

June 5, 2012
Jenny Montgomery
The Indiana Court of Appeals affirmed a trial court’s decision to refuse a man’s tendered jury instructions.
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Rolls-Royce must answer federal whistleblower suit on military engines

June 5, 2012
Dave Stafford
Rolls-Royce must answer whistleblowers’ allegations that the company violated manufacturing standards, concealed defects in military aircraft engines, and retaliated against workers who raised concerns, a federal judge ruled Monday.
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SCOTUS rules in favor of Indianapolis in sewer dispute

June 4, 2012
Jennifer Nelson
The Supreme Court of the United States ruled Monday that the city of Indianapolis did not violate the Federal Equal Protection Clause when it refused to refund money to residents who paid the in-full assessment up front for sewer work.
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Tax Court denies bid to dismiss medical supplier's refund suit

June 4, 2012
Dave Stafford
A medical supplier’s lawsuit seeking a refund of sales taxes its customers paid to purchase dialysis equipment will go forward, the Indiana Tax Court ruled.
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7th Circuit affirms lower court in elaborate mortgage fraud case

June 1, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has affirmed a District Court’s conviction and sentence for a man who defrauded buyers and lenders in northern Indiana.
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Appeals court upholds motion to correct error, voiding Elkhart tax deed

June 1, 2012
Dave Stafford
An Alabama company that purchased a property at a tax sale in Elkhart but subsequently failed to pay property taxes did not receive adequate notice that the city was seeking a tax deed on the property, the Indiana Court of Appeals ruled Friday.
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Defendants' drug sentences ineligible for reduction

May 31, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the sentences of six members of a Gary street gang for various crack cocaine and other offenses, finding none of the men are eligible to have their sentences reduced based on the retroactive crack cocaine amendments to the sentencing guidelines.
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Court rules on inclusion of survivor benefits in child support obligation

May 31, 2012
Jennifer Nelson
The Indiana Court of Appeals was faced with a situation not specifically addressed in the Child Support Guidelines and Commentary or in any Indiana case – whether Social Security survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are or should be included in the custodial parent’s weekly gross income.
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Woman's claim fails under modified impact and bystander rules

May 30, 2012
Jennifer Nelson
The woman who sued a northern Indiana lawyer and his law firm for not filing her lawsuit against a school district following the discovery that her grandson was sexually abused by a teacher’s assistant lost her appeal.
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Judges order trial in drunk driving case

May 30, 2012
Jennifer Nelson
The Indiana Court of Appeals upheld the partial denial of a defendant’s motion to suppress evidence, finding that the trial court properly determined that the evidence seized by the uniform on-duty police officers shouldn’t be suppressed pursuant to the exclusionary rule.
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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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