Court order

Marilyn Monroe decision points to right of publicity's shortcomings

September 26, 2012
Dave Stafford
The legal landscape for Marilyn Monroe’s heirs changed considerably when a federal court recently affirmed that the idol had no right of publicity that survived her.
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Massa appointed chair of St. Joe judicial nominating commission

August 31, 2012
Jennifer Nelson
Indiana Chief Justice Brent Dickson has appointed Justice Mark Massa chairman of the St. Joseph Superior Court Judicial Nominating Commission. Massa is filling the vacancy left by former Justice Frank Sullivan, who recently left the bench to teach.
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Ruling for IBM likely first act in legal epic

August 1, 2012
Dave Stafford
A ruling that ordered the state to pay more than $52 million to IBM due to cancellation of its contract to privatize social service claims processing certainly will have a second, and most likely a third, act.
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State must pay $52M over terminated welfare contract

July 18, 2012
Jennifer Nelson
Marion Superior Judge David Dreyer has ordered the state to pay IBM an additional $12 million in early termination closeout payments and for equipment it retained after canceling a contract with IBM to implement a modernized welfare system. The judge previously ruled in January that the state was on the hook for $40 million in subcontractor assignment fees for terminating the contract.
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Supreme Court grants more time to e-file some abstracts of judgment

July 3, 2012
Dave Stafford
Courts will have until the end of this year to file abstracts of judgment of felony convictions for people not sentenced to the Department of Correction, according to an order issued June 28 by the Indiana Supreme Court.
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Judge orders Durham, Cochran jailed until sentencing

June 26, 2012
Cory Schouten
Convicted Ponzi schemers Tim Durham and James Cochran will be held in a federal prison until sentencing under an order issued Monday afternoon by U.S. District Judge Jane E. Magnus-Stinson.
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Justices vacate review of voided tax warrants in 'puppy mill' case

May 18, 2012
IL Staff
The Indiana Supreme Court on Tuesday vacated an order granting review in a case that concluded tax agencies and the Indiana attorney general’s office overstepped their authority by issuing jeopardy tax warrants to seize animals from an alleged puppy mill in Harrison County.
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Judge rejects Durham motion to throw out indictment

April 20, 2012
Greg Andrews
A federal judge on Thursday rejected Indianapolis financier Tim Durham’s months-long quest to have his indictment dismissed on the grounds that the government used wiretaps before it had court authorization to do so.
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Gene patent case back at Circuit court

April 11, 2012
IL Staff
Myriad Genetics, Inc. reported on March 26 that the United States Supreme Court remanded The Association for Molecular Pathology, et al., v. Myriad Genetics, Inc., et al., No. 11-725, to the Federal Circuit Court of Appeals. The Federal Circuit will now reconsider its July 29, 2011, decision, which upheld Myriad’s patents on two breast cancer genes – known collectively as BRCA 1/2
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Confidentiality issues raised

March 28, 2012
Michael Hoskins
St. Joseph County case creates concern about protecting callers’ identities on child abuse claims.
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Webcasting allowed in 3 Lake County courtrooms

January 27, 2012
Michael Hoskins
The Indiana Supreme Court has announced a new 18-month pilot project allowing trial court proceedings to be webcast in three Lake County courtrooms.
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Justices adopt repayment plan in UPL case

January 23, 2012
Michael Hoskins
The Indiana Supreme Court has adopted a repayment plan for an Indianapolis company it found engaged in the unauthorized practice of law, ordering officials to reimburse the state bar association and former clients during the next six years.
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SCOTUS won't consider off-campus school speech

January 17, 2012
Michael Hoskins
The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.
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Judge: Governor can be deposed

December 16, 2011
Michael Hoskins
Indiana Gov. Mitch Daniels shouldn’t be excused from appearing for a deposition in a lawsuit challenging the cancelled multi-million dollar contract with IBM to modernize the state’s welfare system, according to Marion Superior Judge David Dreyer.
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Hammond City judge gets 60-day unpaid suspension

November 17, 2011
Michael Hoskins
The Indiana Supreme Court has ordered that Hammond City Court Judge Jeffrey A. Harkin be suspended for 60 days without pay.
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Appellate court rules man can challenge med mal cap's constitutionality

November 9, 2011
Michael Hoskins
An Indianapolis man will get an evidentiary hearing on whether the state's $1.25 million cap on medical malpractice awards is unconstitutional.
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Justices decline to reconsider out-of-state placements ruling

November 4, 2011
Michael Hoskins
The Indiana Supreme Court has denied a rehearing petition from the state attorney general’s office to revisit a June ruling that upheld three statutes involving juvenile judges’ authority on out-of-state placements.
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Southern District bankruptcy court issues order on installment fees

October 26, 2011
IL Staff
The United States Bankruptcy Court in the Southern District of Indiana issued an order Oct. 25 outlining the payment schedule for installment fees.
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'Best Practices' will not advance to rulemaking stage

October 7, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
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Attorney must register as a sex offender

October 7, 2011
Jennifer Nelson
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
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Supreme Court amends state rules for courts, attorneys

September 23, 2011
Michael Hoskins
Multiple new rule changes will begin next year for the state’s court system, which were announced in a slew of Indiana Supreme Court orders released earlier in the week.
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2012 jury pool master list approved

September 22, 2011
IL Staff
The Indiana Supreme Court has approved the 2012 master list for jury pool assembly, ordering courts to use that list instead of directly contacting the Indiana Bureau of Motor Vehicles for data.
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Justices stand firm on Barnes decision

September 20, 2011
Michael Hoskins
The Indiana Supreme Court has revisited a ruling it made four months ago in Richard Barnes v. State, affirming its initial holding that residents do not have a common law right to resist police in any situation.
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Criminal defense attorney receives public reprimand for fee agreement changes

September 15, 2011
Michael Hoskins
The Indiana Supreme Court has publicly reprimanded an Indianapolis criminal defense attorney, finding that he modified an agreement and charged an unreasonable fee without first obtaining written consent and giving his client a chance to get another lawyer’s opinion.
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Court sends reminder on permanent withdrawal rules

September 13, 2011
Michael Hoskins
Note to Indiana attorneys: don’t permanently relinquish your law license in this state unless you’re absolutely sure you won’t ever want to return. If you do, don’t be surprised if you have to take the bar exam again.
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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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