Court Order

Court awards $10,000 to deaf litigant denied interpreter

September 14, 2016
Dave Stafford
A deaf Indianapolis man who was denied a sign language interpreter at his court-ordered mediation of a child-custody dispute will receive $10,380 in damages, a federal judge ruled.
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Supreme Court creates senior judge committee

August 19, 2016
IL Staff
The Indiana Supreme Court has established a senior judge committee tasked with finding new ways veteran jurists can assist state courts.
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Federal court: Disbarred lawyer can’t seek judgeship

August 10, 2016
Dave Stafford
A disbarred Goshen lawyer who wanted to run for judge of Elkhart Circuit Court got nowhere trying to convince a federal judge he was wrongly denied the opportunity.
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7th Circuit denies rehearing in Conour creditor suit

August 1, 2016
Dave Stafford
The long road for some victims to recover any of the settlement money former attorney William Conour stole from them may be closer to an end. The 7th Circuit Court of Appeals denied requests to reconsider the court’s decision putting Conour’s victims before a creditor who sued over a defaulted line of credit.
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Judge keeps sex offender’s voting suit alive

July 28, 2016
Dave Stafford
A registered sex offender’s lawsuit against the Indiana Secretary of State and other parties will proceed, a federal judge ruled Thursday, denying the defendants’ motion to dismiss.
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Southern District mandatory pro bono service to start in October

July 18, 2016
Marilyn Odendahl
Attorneys could be tapped to handle cases under the U.S. District Court for the Southern District of Indiana’s new mandatory pro bono rule before the end of this year.
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Indiana high court rejects rehearing in lawmaker emails case

July 13, 2016
 Associated Press, IL Staff
The Indiana Supreme Court has declined to rehear a case that sought to force lawmakers to release their email correspondence with lobbying groups and businesses.
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Justices remove Dreyer from State v. IBM case

July 5, 2016
Dave Stafford
The Indiana Supreme Court on Tuesday removed the judge who has presided for six years over the litigation between the state and IBM over the failed $1.3 billion welfare-modernization contract.
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Judge grants e-liquid maker temporary restraining order in vaping case

July 1, 2016
Hayleigh Colombo, Indianapolis Business Journal
One scorned e-liquid manufacturer will get a short reprieve from Indiana’s new vaping laws, which effectively shut many players out of the market when the laws took effect Friday.
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Judge frees man held 3 years after molesting acquittals

July 1, 2016
 Associated Press
A Portage man held without bond for three years has been acquitted of four counts of child molesting and ordered immediately released from jail.
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Judge rejects state’s appeal bid in deaf litigant case

June 17, 2016
Dave Stafford
A federal judge Friday rejected the state’s effort to appeal a ruling that a court discriminated against a deaf litigant, writing the bid was “a classic example of when an immediate appeal is not warranted.”
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More than 230 attorneys suspended for CLE, fee noncompliance

June 6, 2016
IL Staff
The Indiana Supreme Court on Friday released its list of attorneys who have failed to pay attorney registration fees, have not complied with continuing legal education requirements and/or failed to submit Interest on Lawyer Trust Accounts certifications.
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Judge’s actions move IBM case back to Supreme Court

June 1, 2016
Dave Stafford
There appears to be no end in sight to the ‘extraordinary’ canceled welfare contract lawsuit involving the state and IBM.
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Indiana Supreme Court deadlocks on protective order case

May 27, 2016
Scott Roberts
The Indiana Supreme Court reinstated an Indiana Court of Appeals decision in a protection order case it took on transfer after the four justices deadlocked on how to resolve the case.
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Indiana Supreme Court establishes new committee for civil legal aid

May 17, 2016
Marilyn Odendahl
In an amendment to the Indiana Rules of Professional Conduct, the Indiana Supreme Court is revamping its response to civil legal aid.
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Judge blocks Bartholomew court policy barring political activity

May 9, 2016
Dave Stafford
A federal judge Friday blocked a Bartholomew County policy that broadly barred court services employees from political activity.
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Telamon suffers new setback in $5M insurance lawsuit

April 14, 2016
Greg Andrews, Indianapolis Business Journal
A judge has dismissed the final count in a lawsuit that Carmel-based Telamon Corp. filed against its insurers in an effort to recoup more than $5 million in losses caused by a former employee’s thievery.
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Riding out the storm

April 6, 2016
Dave Stafford
The Indiana Supreme Court's ruling for the state in a nearly six-year-old IBM suit is what the contract drafters "believed all along."
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Preliminary injunction halts solid waste and recycling contract in Warrick County

March 30, 2016
Marilyn Odendahl
A federal judge has issued a preliminary injunction temporarily upending Warrick County’s plan for collecting solid waste and recyclable materials.
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Judge blocks Indiana's Syrian refugee order

March 1, 2016
 Associated Press
A federal judge in Indianapolis on Monday blocked Republican Gov. Mike Pence's order that barred state agencies from helping Syrian refugees resettle in Indiana, saying the governor's directive "clearly discriminates" against refugees from the war-torn country.
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Apple lays out legal arguments to resist FBI's iPhone demand

February 26, 2016
 Bloomberg News
A week after federal investigators threw down a gauntlet to Silicon Valley, Tim Cook’s lawyers have weighed in, offering cool-headed legal arguments against having  Apple Inc. unlock the iPhone used by one of the attackers who killed 14 people in San Bernardino, California, in December.
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Floyd County faces class action over ‘stripping’ jail inmates

February 23, 2016
Dave Stafford
Floyd County jail inmates who claim they and more than 160 inmates were sometimes forcibly stripped of their clothes and placed in padded cells with little apparent cause may pursue a class-action civil-rights lawsuit against the county, sheriff and jail staff.
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Court OKs increase in CLE distance education hours

February 17, 2016
Scott Roberts
The Indiana Supreme Court passed an order Monday increasing the number of continuing legal education hours that judges and lawyers can take through distance education.
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Apple to fight order to help FBI unlock shooter's iPhone

February 17, 2016
 Associated Press
Apple Inc. CEO Tim Cook says his company will fight a federal magistrate's order to help the FBI hack into an encrypted iPhone belonging to one of the San Bernardino, California shooters. The company said that could potentially undermine encryption for millions of other users.
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Supreme Court vacates Tax Court ruling in seized-dogs case

February 9, 2016
Dave Stafford
An Indiana Tax Court ruling that the state improperly denied a refund of the value of 240 dogs seized from an alleged puppy mill in southern Indiana was vacated Monday by the Indiana Supreme Court.
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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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