December 5, 2008
Jennifer NelsonAlthough the 7th Circuit Court of Appeals affirmed the convictions of a defendant and his company for violations of the Clean
Water Act in an unpublished opinion today, the appellate court wrote a separate opinion to discuss the issue of whether a
limited liability corporation can proceed pro se in federal litigation if an attorney had already worked on the case.
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December 5, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case
believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.
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December 4, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced
because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under
the same section.
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December 4, 2008
Jennifer NelsonSixteen members of Indiana National Guard have filed a lawsuit against a Texas-based contractor working in Iraq for exposing
the soldiers to a toxic chemical known to increase the risk of developing cancer.
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December 3, 2008
IL StaffThe Indiana Supreme Court this afternoon honored 15 employees who have spent 10 to 30 years working in the judicial branch.
It's a tradition for the high court to honor the long-serving employees of the courts with a plaque commemorating their
loyalty.
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December 3, 2008
Jennifer NelsonThe Indiana Supreme Court will hear arguments Thursday in two cases, including one regarding the state's school funding
system.
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December 3, 2008
IL StaffThe Marion Superior Court has started a new continuing court education program for its employees as part of an ongoing effort
to better serve staff and the community. The training was the first in a series of mandatory sessions planned for 2009.
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December 2, 2008
Jennifer NelsonThe Indiana Court of Appeals found a trial court committed a reversible error when it instructed a jury that Indiana law has
a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent. The ruling came in a
suit against a school for the death of a student.
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December 2, 2008
Jennifer NelsonA trial court erred when it failed to follow Indiana Code in a termination of parental rights hearing, the Indiana Court of
Appeals ruled today. Because the appellate court found the error to be harmless, it affirmed the involuntary termination of
a father's parental rights.
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December 2, 2008
IL StaffMiami Superior Judge Daniel C. Banina has been appointed by Gov. Mitch Daniels as judge of the newly created Miami Superior
Court II. Judge Banina will become judge of the new court Jan. 1.
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December 1, 2008
Jennifer NelsonA Northern District magistrate judge has again denied an attorney's motion to proceed with a lawsuit under a pseudonym,
finding the type of injury the attorney may suffer as a result of suit doesn't rise to the level to justify anonymity.
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December 1, 2008
IL StaffRecently appointed St. Joseph Superior Judge Margot F. Reagan will officially take the bench Dec. 5 with a 4 p.m. robing ceremony
in the Superior Court courtroom in the St. Joseph County Courthouse.
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November 26, 2008
Jennifer NelsonThe Indiana Court of Appeals examined the state's code regarding the limits of a withholding amount in child support arrearage,
and acknowledged that its interpretation of the statute allowing the state to increase the amount without a court order "may
cause some concern."
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November 25, 2008
Jennifer NelsonA casino riverboat that is indefinitely moored to the shore isn't considered a vessel in navigation under the federal
Jones Act, so a riverboat worker can't bring a claim for compensation of injuries under the act, the Indiana Court of
Appeals ruled today.
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November 25, 2008
Jennifer NelsonThe Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed
as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize
her twice.
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November 24, 2008
IL StaffThe Indiana Supreme Court's Division of State Court Administration is working with the Indiana University Center for Urban
Policy and Environment to study ways to make the state's trial courts more equitable and efficient.
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November 24, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed the dismissal of a woman's lawsuit against Vanderburgh County officials following
the death of her daughter because there isn't a federal constitutional right to be protected by the government against
private violence when the government isn't complicit.
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November 24, 2008
Michael HoskinsThe Indiana Judicial Qualifications Commission agrees with a three-masters panel that a Marion Superior judge should be removed
from the bench but wants him immediately suspended while the Indiana Supreme Court considers his final punishment.
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November 21, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed summary judgment in favor of prison employees in an inmate's Eighth Amendment
violations suit, finding the inmate's lack of cooperation in providing details of threats against him prohibited the officials
from protecting him from an attack by another inmate.
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November 21, 2008
IL StaffThe Indiana Supreme Court's electronic Citation and Warning System won first place in the Cygnus 2008 Innovation Award
for Software at the International Association of Chiefs of Police Conference in San Diego earlier this month, the court announced
today.
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November 21, 2008
Michael HoskinsThe Indiana Supreme Court has suspended Allen Superior Judge Kenneth R. Scheibenberger for three days without pay as part
of an agreement to resolve a judicial misconduct action.
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November 21, 2008
IL StaffFive Ukrainian judges have been in central Indiana this week examining the U.S. judicial system.
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November 19, 2008
Jennifer NelsonThe Indiana Bureau of Motor Vehicles is again involved in a lawsuit involving the use of "God" on a license plate.
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November 19, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed summary judgment in favor of a plaintiff's former company, finding no evidence
the company fired him in retaliation for being a whistle-blower.
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November 18, 2008
Jennifer NelsonThe Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned
the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services
cases and termination cases even if a court determines reunification efforts aren't required.
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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!