Courts

Judges uphold dismissal of motion to set aside dissolution decree

March 10, 2017
Olivia Covington
The Indiana Court of Appeals has rejected a LaPorte County man’s appeal of the dismissal of his motion to set aside a dissolution decree, finding he did not follow the proper procedure to have his motion heard.
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COA denies rehearing in Lake Michigan public trust case

March 10, 2017
Dave Stafford
The Indiana Court of Appeals won’t rehear its Dec. 7 decision finding that the public trust doctrine controls the shore of Lake Michigan between the ordinary high- and low-water marks, allowing people to walk the shore.
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COA affirms summary judgment to GEICO in parking lot altercation

March 10, 2017
Olivia Covington
Summary judgment was properly granted to an insurance company that declined to cover the cost of a judgment entered against one of its clients because the client did not have an “active relationship” with the insured vehicle at the time of the incident, the Indiana Court of Appeals held Friday.
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Trial court had no statutory authority to impose second public defender fee

March 10, 2017
Olivia Covington
The Marion Superior Court abused its discretion in imposing a second supplemental public defender fee on an indigent litigant because it lacked statutory authority to impose the fee, the Indiana Court of Appeals ruled Friday.
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COA orders transfer of state habeas petition to Monroe County

March 10, 2017
Olivia Covington
The Henry Circuit Court must transfer a man’s petition for writ of state habeas corpus to Monroe County, where the man was convicted, after the Indiana Court of Appeals held Friday that Indiana Post-Conviction rules require the petition to be considered in the conviction court.
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7th Circuit affirms denial of insurance coverage to Carmel communications group

March 10, 2017
Olivia Covington
The 7th Circuit Court of Appeals has ruled in favor of insurers who denied coverage to a Carmel-based communications company, finding that the communications group’s claims were properly denied and that it cannot split its claims against the insurers through two separate lawsuits.
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Man accused of eating girlfriend to get mental evaluations

March 10, 2017
 Associated Press
A southern Indiana man accused of killing his former girlfriend and eating parts of her body in 2014 will undergo psychiatric evaluations, despite his insistence that he's competent for trial.
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Rucker to retire from Supreme Court May 12

March 9, 2017
IL Staff
Indiana Justice Robert Rucker used the occasion of an oral argument Thursday at his high school alma mater to announce he will retire from the Indiana Supreme Court on May 12, the court announced.
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COA orders man to transfer investment accounts to ex-wife

March 9, 2017
Olivia Covington
The Indiana Court of Appeals has ordered an Allen County man to transfer total ownership of three investment accounts to his ex-wife after finding that an original court order from 2011 required him to do so.
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Lawsuit challenging forfeiture survives attempt to moot

March 9, 2017
Marilyn Odendahl
Marion County has failed in its attempt to derail a lawsuit over the state’s civil forfeiture statute by giving the property back to the named plaintiff.
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Pennsylvania sues IBM over $170M jobless claims contract

March 9, 2017
 Associated Press, IL Staff
Pennsylvania Gov. Tom Wolf's administration has sued IBM, saying the company failed to deliver on a 2006 contract to build an integrated system to process unemployment claims. IBM has been locked in a legal battle in Indiana for nearly seven years over its failed $1.3 billion contract to modernize the state's welfare system.
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Hawaii files lawsuit over Trump's revised travel ban

March 9, 2017
 Associated Press
Hawaii has become the first state to file a lawsuit against President Donald Trump's revised travel ban, saying the order will harm its Muslim population, tourism and foreign students.
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Judges affirm son not entitled to dad’s deathbed gift of cars

March 9, 2017
Olivia Covington
A son whose father deeded him two vehicles on his deathbed must return those vehicles to his father’s estate after the Indiana Court of Appeals found Thursday that the son had not overcome the presumption of undue influence.
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Woman gets time served in Indianapolis quadruple homicide

March 9, 2017
 Associated Press
An Indianapolis woman has been sentenced to time served after pleading guilty to conspiracy to commit robbery in connection with a quadruple slaying during an Indianapolis drug house robbery.
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Judge frees rape convict after tests show DNA not his

March 9, 2017
 Associated Press
A central Indiana man who spent nearly 25 years in prison left a courthouse a free man Wednesday after a judge set aside his 1992 rape conviction because DNA found on the victim was not his.
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Defense lawyer's pants catch fire during trial in Miami

March 9, 2017
 Associated Press
A Miami defense attorney is feeling the heat after his pants caught fire as he delivered closing arguments in an arson case.
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Interviews set for 20 Supreme Court applicants

March 8, 2017
IL Staff
The Indiana Judicial Nominating Commission has set aside a day-and-a-half to interview 20 candidates eligible to succeed retiring Justice Robert Rucker on the Indiana Supreme Court.
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Northwest Indiana lawyers ready to welcome Supreme Court

March 8, 2017
Marilyn Odendahl
When the Indiana Supreme Court arrives in Gary for oral arguments Thursday, the legal community in Northwest Indiana will be offering a special welcome for the justices and in particular, its favorite son, Justice Robert Rucker.
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COA allows accountant malpractice claim to continue

March 8, 2017
Olivia Covington
The Indiana Court of Appeals has allowed an accountant malpractice claim to continue after holding that the economic loss rule and provisions with a contract do not bar a tort complaint.
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Southern District celebrates pro bono attorneys

March 8, 2017
Olivia Covington
After enacting a rule allowing judges to assign pro bono cases to attorneys who frequently practice in federal court, the U.S. District Court for the Southern District of Indiana is celebrating a “banner year” for pro bono service.
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District court again rules against Concord Schools on ‘Christmas Spectacular’

March 8, 2017
Olivia Covington
A district court judge has once again entered judgment against a northern Indiana school district after finding it has not made “absolutely clear” that it will permanently nix overtly religious content from its annual Christmas program.
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Gorsuch: A high court pick whose writing is down to Earth

March 8, 2017
 Associated Press
When Justice Antonin Scalia backed out of a book project with writing partner Bryan Garner, the justice recommended who might take his place. Neil Gorsuch was first on this list. Legal-writing experts say it’s not hard to see why the veteran jurist would recommend the man President Donald Trump would later nominate to fill the Supreme Court seat Scalia held for nearly 30 years.
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Indiana couple charged with neglect in death of 5-year-old

March 8, 2017
 Associated Press
Authorities say a western Indiana couple failed to provide adequate nutrition and follow-up medical care for their disabled 5-year-old daughter who died last year.
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Southern District gets caseload help from Wisconsin

March 8, 2017
Olivia Covington
A declared judicial emergency caused by a vacancy on the bench of the U.S. District Court for the Southern District of Indiana has sparked a first-of-its kind partnership between the Southern District and its counterpart in the Eastern District of Wisconsin.
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Indiana’s civil forfeiture laws under scrutiny

March 8, 2017
Marilyn Odendahl
Legislation and lawsuits seek to curb the government’s ability to seize private property.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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