Courts

New disciplinary commission members named

August 16, 2011
IL Staff
The Indiana Supreme Court has appointed three new members to the Disciplinary Commission. Trent A. McCain of Merrillville, Andi M. Metzel of Indianapolis, and Nancy Cross of Carmel will each serve a five-year term. They replace Tony Zappia of South Bend, J. Mark Robinson of New Albany, and Sally Zweig of Indianapolis.
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7th Circuit upholds denial of class action, statutory damages

August 16, 2011
Jennifer Nelson
In an appeal of the denial of a proposed class-action lawsuit based on the finding the attorney was inadequate to represent the class, the 7th Circuit Court of Appeals noted that the attorney’s demeanor on appeal didn’t help his cause.
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Appeals court: Federal judge should decide on state law claims

August 15, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has sent a case back to an Indianapolis judge, saying she didn’t properly weigh whether the case should be prolonged on remand to Hamilton Superior Court instead of her deciding on the issues that have already been fleshed out in federal court during the past year and a half.
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Court could find juvenile must register as sex offender

August 15, 2011
Jennifer Nelson
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.
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Judge reduces death sentences to life without parole

August 15, 2011
Michael Hoskins
If he’d had the ability more than three years ago to factor in a jury’s deadlocked view on the death penalty, a southern Indiana judge says he would have imposed life without parole rather than the death penalty for a man convicted of triple murder.
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11th Circuit strikes portion of health-care reform law

August 15, 2011
IL Staff
The 11th Circuit Court of Appeals in Atlanta ruled on a challenge to the federal health-care law filed by numerous states, including Indiana, and found the federal mandate that individuals have to purchase health insurance or face a penalty to be unconstitutional.
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Man's convictions upheld despite court's use of inadmissible evidence

August 12, 2011
Michael Hoskins
The Indiana Court of Appeals found a trial judge abused his discretion in admitting portions of a defendant’s out-of-court taped police statements, but the appellate panel determined that error was harmless and not reason to reverse the man’s multiple rape and sexual conduct convictions.
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COA: Names in workforce development cases aren't confidential

August 12, 2011
Michael Hoskins
From now on, the Indiana Court of Appeals will publish full names of parties on workforce development review board cases after determining state statute doesn’t require those to be kept confidential in public court records.
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Jefferson County Courthouse reopens

August 12, 2011
Jennifer Nelson
More than two years after an accidental fire destroyed the Jefferson County Courthouse roof and heavily damaged the upper floor, those displaced by the fire have moved back into the landmark.
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7th Circuit senior judge dies

August 11, 2011
IL Staff
7th Circuit Court of Appeals Senior Judge Terence Thomas Evans has died. The Milwaukee Journal Sentinel reports the judge died at the University of Chicago Medical Center after suffering from a sudden serious illness.
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Judge: Students’ off-campus Internet photos protected by First Amendment

August 11, 2011
Michael Hoskins
A federal judge has ruled that a northern Indiana school district shouldn’t have disciplined two high school girls who posted racy online photos of themselves posing with phallic lollipops and simulating sexual acts because the pictures were outside of school and are protected by the First Amendment.
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Indiana AG sues Florida foreclosure firm owned by lawyer

August 11, 2011
IL Staff
Indiana Attorney General Greg Zoeller has filed a complaint against a for-profit Florida foreclosure consultant company that Zoeller claims operated illegally in 15 Indiana counties and failed to provide refunds to customers after services were not provided.
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Appeals court affirms sending employee appeal back to agency

August 11, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a fired Department of Correction employee’s petition for judicial review, finding that it was clear on the record that an administrative agency’s action was without evidentiary foundation. The appellate court noted the difficulty the judge had in conducting the judicial review due to deficiencies in recording testimony.
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Volunteers needed for pilot program

August 11, 2011
IL Staff
The United States District Court, Southern District of Indiana is looking for law offices and firms to volunteer for an electronic civil case opening pilot program. Electronic civil case opening lets attorneys file new civil and miscellaneous cases via the Case Management/Electronic Case Filing (CM/ECF) system instead of in paper form at the clerk’s office.
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South Bend attorney to investigate allegations of misconduct in Northern District

August 11, 2011
IL Staff
South Bend attorney Joseph D. Bradley has been appointed by Chief Judge Philip P. Simon to serve as special counsel to investigate allegations of attorney misconduct that are pending before the Attorney Grievance Committee for the Northern District of Indiana.
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Justices reverse ruling against hospital on spoliation claim

August 10, 2011
Jennifer Nelson
Relying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court has declined to recognize similar claims regarding medical malpractice suits.
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Judges split over order property owner pay for construction of drainage-ditch arm

August 10, 2011
Jennifer Nelson
The Indiana Court of Appeals was divided in its ruling on whether a man whose land sits higher and isn’t prone to flooding should have to pay for the reconstruction of an arm of a nearby drainage ditch. The dissenting judge wrote that Wednesday’s decision will promote “water wars” between neighbors.
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COA allows for admission of vehicle photo in personal injury action

August 10, 2011
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time the issue of whether a photograph admitted at trial showing little damage to a truck involved in an accident is inadmissible on the grounds that it’s irrelevant to any determination of bodily injury.
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Judges won’t revisit associational standing issue on same case

August 9, 2011
Michael Hoskins
Finding it had already ruled on an associational standing question six years ago in the same case, the Indiana Court of Appeals has denied an electric utility's attempt to re-litigate that issue based on the law-of-the-case doctrine.
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COA: Suit against sewer district isn’t a public lawsuit

August 9, 2011
Jennifer Nelson
The Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana Court of Appeals ruled Tuesday.
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Court rules on duty of care for healthy trees in residential areas

August 9, 2011
Michael Hoskins
The Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property based on the size and where they are planted.
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Indiana joins suit against for-profit college company

August 9, 2011
IL Staff
Indiana has filed a joint complaint in a whistleblower suit against Education Management Corp., which alleges the for-profit college company and two of its subsidiaries received more than $12 million in state financial aid after making false claims and misrepresentations to the state.
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Bankruptcy court amends local rules

August 9, 2011
IL Staff
The United States Bankruptcy Court for the Northern District of Indiana has adopted revisions to its local rules, which took effect Aug. 3.
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Circuit judges order court to take another look at Batson challenge

August 8, 2011
Jennifer Nelson
Based on the record before them, the 7th Circuit Court of Appeals judges were unable to make an informed decision about the District Court’s decision to deny a defendant’s Batson challenge, so the judges sent the case back to the lower court.
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7th Circuit upholds mail fraud convictions

August 8, 2011
Jennifer Nelson
Although it found the evidence presented in a mail fraud case “thin,” the 7th Circuit Court of Appeals viewed it as enough to send the case involving three Calumet Township Trustee’s Office employees to the jury.
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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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