Courts

More franchisees join revolt over Steak n Shake menu pricing

May 1, 2013
Scott Olson
More Steak n Shake franchisees are revolting over the company’s policy that prohibits restaurants in the chain from setting their own menu prices.
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Officer pleads not guilty to new drunken-driving charges

May 1, 2013
IL Staff
David Bisard, the suspended Indianapolis Metropolitan Police Department officer who was charged Monday with misdemeanor drunken-driving charges while on bail awaiting trial for his role in a fatal accident, pleaded not guilty in Marion County to the new charges.
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State must seek EPA approval before reclassifying ethanol plants

April 30, 2013
Jennifer Nelson
Even though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify the ethanol production facilities.
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Tax court rules that evidence, not conclusory statements, needed to make prima facie case

April 30, 2013
Marilyn Odendahl
A doubled property value will stand because the property owner did not offer any market-based evidence when challenging the new assessed value, the Indiana Tax Court has ruled.
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Evidence does not support CHINS finding

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after finding the parents have improved their living situation that led to their three other children being removed. 
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Judges affirm dismissal of city’s counterclaim without prejudice

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation of the property to be dismissed without prejudice.
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Right to Farm Act bars CAFO nuisance claim, appeals court rules

April 30, 2013
Dave Stafford
A Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
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Suspended attorney stripped of quiet title to foreclosed home he repaired

April 30, 2013
Dave Stafford
A suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
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COA: No error in denying reckless homicide instruction

April 30, 2013
Jennifer Nelson
The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.
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Lawyers’ divorce battle divides COA on joint custody ruling

April 30, 2013
Dave Stafford
A lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’ daughter.
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Law firm not entitled to summary judgment on complaint seeking payment

April 30, 2013
Jennifer Nelson
Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.
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Summary judgments on federal preemption are reversible error

April 30, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments on the issue of federal preemption.
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Vincennes did not breach contract with men’s basketball coach

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for the following year.
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Pence signs probate, problem-solving court legislation

April 30, 2013
IL Staff
Gov. Mike Pence signed 25 bills into law Monday, including legislation restricting criminal background checks and changes to probate and trust administration.
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Hendricks Superior Court accepting applications for 2 magistrates

April 30, 2013
IL Staff
The Hendricks Superior Courts are looking to fill two magistrate positions created by the General Assembly during the recently completed 2013 legislative session.
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Indianapolis officer faces more drunken-driving charges

April 30, 2013
IL Staff
The suspended Indianapolis Metropolitan Police Department officer accused of killing one motorcyclist and injuring two others in an August 2010 crash has been arrested and charged with two misdemeanor drunken-driving offenses.
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Marion County Odyssey transition may cause delays

April 30, 2013
Dave Stafford
Civil filings in Marion Circuit and Superior courts could experience delays after Friday when the JUSTIS case management system will go offline pending a transition to the Odyssey CMS. Odyssey is slated to go live in the civil courts May 13.
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Session wraps up, bills await governor’s signature

April 29, 2013
Jennifer Nelson
The Indiana General Assembly completed its 2013 legislative session late Friday, passing a two-year budget that retroactively eliminates the state inheritance tax and increases funding for the Department of Child Services.
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SCOTUS declines church property dispute case

April 29, 2013
Jennifer Nelson
The Supreme Court of the United States will not take a case involving a dispute between churches over property.
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Bankruptcy filings drop in Indiana, U.S.

April 29, 2013
IL Staff
Bankruptcy filings are down 14.4 percent for the 12-month period ending March 31 as compared to the same 12-month period ending March 31, 2012, according to statistics from the Administrative Office of the United States Courts.
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7th Circuit denies petitions seeking review of mine safety regulations

April 26, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals Friday found that the Federal Mine Safety and Health Administration acted within its statutory and constitutional authority in demanding review of employee medical records to ensure mines were not under-reporting injuries or illnesses.
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3 named as finalists for Allen Superior bench

April 26, 2013
IL Staff
The Allen Superior Court Judicial Nominating Commission announced Friday that Allen Superior Magistrate Judges Craig Bobay and Jennifer DeGroote, and Barrett & McNagny LLP attorney Michael Michmerhuizen have been selected as finalists for the judgeship that will be open as a result of Stephen Sims' retirement.
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Child support case presents issue of first impression

April 26, 2013
Jennifer Nelson
The Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and on that basis refused to enter an educational support order.
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Court split over whether petition for review should be dismissed

April 26, 2013
Jennifer Nelson
The dissenting judge in a case involving the dismissal of a company’s petition for judicial review of a decision by the Alcohol and Tobacco Commission believed the petition must be dismissed based on the language of the Administrative Orders and Procedures Act. The majority ordered resolution of the issue on the merits.
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Man entitled to benefits for injuries sustained on the job

April 26, 2013
Jennifer Nelson
Finding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured worker.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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