Courts

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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COA: surety agency's lack of timely action justifies fines

September 13, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s determination that a surety agency failed to comply with Indiana Code and is therefore liable for a deceased man’s bond.
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Damage of personal property not unconstitutional taking

September 12, 2011
Jennifer Nelson
The Indiana Court of Appeals has ruled in favor of a sanitary district in a suit against it alleging an unconstitutional taking of homeowners’ personal property after sewage backed up into their homes. The judges relied on a case from Nevada to support their decision.
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Supreme Court takes 4 cases

September 12, 2011
IL Staff
The Indiana Supreme Court has granted transfer to four cases, including two cases dealing with double jeopardy issues.
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Appeals court sets arguments in Camm case

September 12, 2011
IL Staff
The Indiana Court of Appeals has schedule oral arguments in the case of the former Indiana State Police trooper accused of killing his wife and children in 2000.
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COA affirms lower court in shoe-killing case

September 9, 2011
Jenny Montgomery
The Indiana Court of Appeals has upheld a post-conviction court’s determination that a man convicted of kicking another man to death cannot appeal his conviction.
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Civic health study results available Sept. 14

September 8, 2011
IL Staff
The Indiana Supreme Court announced Thursday that the results of the first-ever Indiana Civic Health Index will be released Sept. 14. The study release is in conjunction with an advanced screening of the movie “We the People,” which chronicles America’s history and its founding documents.
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Judges: State-law claims can proceed

September 8, 2011
Jennifer Nelson
The Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.
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Judge dismisses challenge to NCAA bylaws

September 7, 2011
Jennifer Nelson
Two former NCAA athletes whose scholarships were revoked following injuries have lost their suit that argued without certain NCAA Division I bylaws, they would have received multi-year athletic scholarships that would have covered the cost of their bachelor’s degrees.
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Summary judgment inappropriate in slip-and-fall case

September 7, 2011
Jennifer Nelson
The Indiana Court of Appeals stopped short Wednesday of saying in a negligence suit involving a slip and fall that under any circumstance a home detention officer visiting a detainee at his place of employment is a business visitor.
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Magistrate judge’s investiture ceremony Thursday

September 7, 2011
IL Staff
The formal swearing-in ceremony for Magistrate Judge Denise K. LaRue of the U.S. District Court, Southern District of Indiana, is at 2 p.m. Sept. 8 in Courtroom 202 of the Birch Bayh Federal Building and United States Courthouse in Indianapolis. The event is open to the public.
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Justices take 3 cases

September 6, 2011
IL Staff
The Indiana Supreme Court has granted transfer to three cases, including one that led to a split in the lower appellate court in a child support case.
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Judges uphold contempt order against attorney

September 6, 2011
Jennifer Nelson
A Morgan Circuit judge had jurisdiction to order a Unionville attorney to pay $75,000 to the county clerk after finding the attorney in contempt, the Indiana Court of Appeals ruled Tuesday.
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Retired U.S. magistrate judge dies

September 6, 2011
IL Staff
A Marion County attorney who later served as judge of the Circuit Court and as a United States Magistrate Judge died Sept. 1.
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Circuit Court upholds settlement; $43 million in attorney fees

September 2, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld a $180 million settlement and grant of $43.5 million in attorney fees in a dispute between retirement plan participants and their former employer. Some class members objected to the amount of attorney fees, but the 7th Circuit saw no reason to disturb the lower court’s decision.
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COA: Grandma didn't have standing to petition for visitation

September 2, 2011
Jennifer Nelson
The Indiana Court of Appeals has reversed the denial of a mother’s request to set aside grandparent visitation, finding the grandmother filed her petition in the incorrect court.
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Prison jumpsuits don't constitute cruel and unusual punishment

September 2, 2011
Jennifer Nelson
Requiring inmates to wear lightweight jumpsuits instead of shirt and pants is not cruel and unusual punishment, ruled the Indiana Court of Appeals.
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7th Circuit tackles 'novel' U visa review request

September 1, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has ruled it does not have jurisdiction to review immigration orders denying a specialized visa to a non-citizen trying to stay in the country after assisting in an investigation or prosecution.
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Grandmother can't petition for visitation

September 1, 2011
Jennifer Nelson
A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.
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Bankruptcy Court seeks comment on rule changes

September 1, 2011
IL Staff
The United States Bankruptcy Court for the Southern District of Indiana is now accepting comments on proposed amendments to its local rules.
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State preparing to pay maximum in stage collapse damages

August 31, 2011
Scott Olson
The state of Indiana is set to forgo costly and lengthy litigation and instead pay the maximum $5 million in damages allowed by law to victims of the Indiana State Fair concert stage collapse, Attorney General Greg Zoeller said Wednesday.
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Unrepresented litigants don't forfeit exemptions even if not pleaded

August 31, 2011
Jennifer Nelson
The Indiana Supreme Court has ruled in favor of a couple who were ordered in small claims court to pay $100 a month toward judgments and look for work each week. The couple’s only income is exempt under the general wage and the Social Security Income exemptions.
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Man's detainment by officer violated 4th Amendment

August 31, 2011
Jennifer Nelson
Conservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.
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Attorney must pay credit card company

August 31, 2011
Jennifer Nelson
An Illinois attorney has lost his appeal in his fight against a credit card company seeking to collect money owed on a Discover card.
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Toxic dust exposure leads to litigation

August 31, 2011
Michael Hoskins
Indianapolis attorney Gabe Hawkins has already attended the funerals of three former clients, and he hopes that he won’t have to see a fourth before finally being able to say that the courtroom battle they’ve been waging for years has paid off.
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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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