Courts

Apple's fight with US over privacy enters a new round

April 8, 2016
 Bloomberg News
Apple Inc.’s fight over privacy with the U.S. isn’t over yet, even after the government dropped a demand for the company’s help in accessing a California shooter’s iPhone because someone else found a way to crack it.
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Same-sex couples argue Indiana birth certificate law biased

April 8, 2016
 Associated Press
An attorney for eight married same-sex couples argued that the state of Indiana is discriminating against them by not allowing both women to be listed on their children’s birth certificates.
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Women allege gender, race discrimination at Salesforce

April 8, 2016
Jared Council, IBJ Staff
Two women employed in the Indianapolis offices of Salesforce.com Inc. have filed federal discrimination lawsuits against the cloud-software giant, claiming the company passed them over for promotions on multiple occasions because of their race and gender.
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Federal judge reaffirms ban on political ‘robocalls’ in Indiana

April 8, 2016
Dave Stafford
Just weeks ahead of Indiana’s presidential primary, a federal judge reaffirmed Indiana’s ban on automated telephone calls for political purposes.
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Judge seals records in case of 1-year-old’s murder

April 8, 2016
 Associated Press
A judge in Spencer presiding over the case of a man accused of abducting and killing a 1-year-old girl has ordered certain records sealed.
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Charges dropped in Valparaiso University hoax hostage call

April 8, 2016
 Associated Press
A prosecutor has dropped charges against a Valparaiso University student who previously was accused of calling police and saying he had taken hostages in the school library, leading to a campus lockdown.
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COA: Statute of limitations prevents business partner’s lawsuit

April 7, 2016
Scott Roberts
The Indiana Court of Appeals upheld summary judgment for a man who left one business partnership and started another and was later sued, ruling the statute of limitations on the disgruntled partner’s lawsuit had expired on both of his claims.
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Grassley at peace with obstructionist stance on high court pick

April 7, 2016
 Bloomberg News
The Iowa Republican senator who chairs the Judiciary Committee has been at the center of a storm of pressure from the White House, Democrats and grassroots activists across the country to get him to crack and allow the U.S. Supreme Court nomination of Merrick Garland to go forward.
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Uber drivers may add $1B 'bounty' claim as trial nears

April 7, 2016
 Bloomberg News
Uber Technologies Inc. drivers suing to be treated like employees are trying to add $1 billion in penalties under California’s unique “bounty hunter” statute as they prepare for trial in June.
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Judge rules NCAA must go to trial in football death

April 7, 2016
 Associated Press
A Maryland judge is refusing to drop the NCAA from a wrongful death lawsuit involving a Frostburg State University football player who suffered a head injury during practice in 2011.
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Dickson saluted after final Statehouse argument

April 7, 2016
Dave Stafford
Retiring Indiana Supreme Court Justice Brent Dickson heard his final argument at the Statehouse courtroom Thursday, where his fellow justices and those arguing and attending saluted him with a standing ovation.
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COA: Agreed judgment not appealable

April 7, 2016
Scott Roberts
The Indiana Court of Appeals said an agreed judgment is not appealable and reversed a Marion Superior Court decision that ruled in favor of a woman who prolonged judgment in the court so she wouldn’t have to pay $850 in medical bills and fees.
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7th Circuit: No discrimination in firing

April 7, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a woman did not suffer discrimination and the company did not retaliate against her for filing a workers’ compensation claim after she was fired for extending her medical leave.
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Planned Parenthood files suit challenging new Indiana abortion law

April 7, 2016
Scott Roberts
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of Planned Parenthood of Indiana and Kentucky challenging the recently enacted legislation that does not allow women to get abortions if the fetus may have a disability or potential diagnosis of a disability.
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COA: Man can keep $25,000 deposit

April 6, 2016
Scott Roberts
A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.
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COA: Woman’s motion in divorce case can stand

April 6, 2016
Scott Roberts
The Indiana Court of Appeals ruled a woman seek to modify a divorce agreement after she found her husband hid more than $1 million in undisclosed assets five years later.
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Patriots fans sue NFL over team's 'Deflategate' punishment

April 6, 2016
 Associated Press
A group of New England Patriots fans have sued the NFL in an effort to recover the first-round draft pick taken from the team as punishment for the "Deflategate" scandal.
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Civil forfeiture defendants file motion to dismiss

April 6, 2016
Marilyn Odendahl
Defendants in a civil forfeiture complaint lodged earlier this year in Marion Superior Court have filed a motion to dismiss on the grounds the plaintiffs and the court lack standing.
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Man can sue prison for failure to protect him

April 6, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a prisoner can seek remedies against prison staff who did not protect him from other inmates who were throwing feces at him. It found the man had exhausted all of his remedies before filing suit.
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7th Circuit: State immune from FLSA suit

April 6, 2016
Scott Roberts
The 7th Circuit affirmed that Indiana was immune from a Federal Labor Standards Act lawsuit brought by two Department of Child Services Employees. The court said the state did not give consent for the suit, and thus had 11th Amendment immunity under the U.S. Constitution.
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Indiana State Police trooper sued again over proselytizing

April 6, 2016
 Associated Press
An Indiana State Police trooper faces a second lawsuit accusing him of preaching his faith to citizens while on duty.
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Justices: Man who moved back to Indiana must register as sex offender

April 6, 2016
Scott Roberts
A man who moved back to Indiana in 2013 after he was convicted of child molesting in 1989 must still register as a sex offender, the Indiana Supreme Court ruled Tuesday. His registration does not cause an ex post facto violation nor place an additional punishment on him.
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Motor vehicle accident: Noblesville collision

April 6, 2016
More

Pilot evaluating people for pretrial release nears start

April 6, 2016
Marilyn Odendahl
Some Indiana trial courts plan to utilize a risk assessment tool to identify who can be discharged without posting bail.
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Chargemaster rates questioned

April 6, 2016
Scott Roberts
A divided Court of Appeals ruling allowing a patient to view hospital prices may be headed to the Indiana Supreme Court.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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