Courts

Estate entitled to hearing on cause of fireRestricted Content

March 23, 2010
Jennifer Nelson
A plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who started the fire.
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7th Circuit: expenses were capital expendituresRestricted Content

March 23, 2010
Jennifer Nelson
An Indianapolis-based health insurer can't deduct its settlement payments or legal expenses from the litigation because the insurer's payments were actually capital expenditures, the 7th Circuit Court of Appeals affirmed today.
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Justices vacate life sentence

March 22, 2010
Jennifer NelsonMore

COA: State didn't bring man to trial within 1 year

March 22, 2010
Jennifer NelsonMore

COA to hear arguments at IU-Indy

March 19, 2010
IL StaffMore

Lawsuit to take bar exam dismissed, re-filed

March 19, 2010
Jennifer Nelson
The man who sued the Indiana Supreme Court and State Board of Law Examiners because he wants to take the bar exam without going to law school had his case dismissed in federal court this week due to failure to pay the filing fee. He then re-filed his suit Thursday, alleging the same claims.
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Case involving President Harrison to be performed

March 19, 2010
Rebecca Berfanger
Benjamin Harrison Day will be celebrated as part of the Indiana Supreme Court's Courts in the Classroom program with two historical depictions of the Ex-Parte Milligan case on Tuesday at the Indiana Statehouse at 10 a.m. and 12:30 p.m.
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Magistrate, attorney general bills become law

March 19, 2010
Jennifer NelsonMore

Suit against traffic court sent back to state court

March 19, 2010
Jennifer Nelson
A lawsuit against the Marion Superior traffic court over fees has been moved back to state court.
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Democrat stalwart said to be U.S. attorney nominee

March 19, 2010
Scott Olson
The U.S. Attorney's Office in Southern District of Indiana has been without a presidentially appointed U.S. attorney for more than two years - an extraordinarily long stretch for a position that usually can be filled in half that time.
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Appellate court upholds murder conviction

March 18, 2010
Jennifer Nelson
Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.
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Supreme Court grants 3 transfers

March 18, 2010
Jennifer Nelson
The Indiana Supreme Court granted three transfers Wednesday, including a case of first impression on sentence enhancements.
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Juvenile justice filmmaker laudedRestricted Content

March 17, 2010
Michael Hoskins
Calamari Productions and MSNBC will receive the Alliance for Women in Media's 2010 Gracie Allen Award for an outstanding series at the organization's 35th anniversary gala event in May in Hollywood.
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German law student chooses Indianapolis firm for unique internshipRestricted Content

March 17, 2010
Michael Hoskins
During the early months of the year you might have found Andreas Wissman clerking at an Indianapolis firm, having dinner at a state appellate judge's home, observing a civil or criminal trial in federal court, or even paging at the Indiana Statehouse. But the well-versed 28-year-old law student isn't a permanent part of the Hoosier legal community.
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Legislature's final days bring up merit selection, out-of-state placement issuesRestricted Content

March 17, 2010
Michael Hoskins
Hoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of the session, reviving talk on two issues that have significant impact on the state's judiciary and legal system.
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RICO case against former East Chicago mayor nets $108M in damagesRestricted Content

March 17, 2010
Michael Hoskins
A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages for a voting scandal a decade ago, but in doing so he's rejected the Indiana Attorney General's most novel and far-reaching legal arguments in a landmark civil racketeering case centered on public corruption in East Chicago.
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Agencies examine UPLRestricted Content

March 17, 2010
Michael Hoskins
Long before he became Greenwood's police chief, attorney Joe Pitcher recalls sitting as a special judge in town court and facing an Unauthorized Practice of Law case that may be one of few like it in Indiana.
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Man didn't timely file petition to reopen estates

March 17, 2010
Jennifer Nelson
A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.
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Boy can't sue for lack of probable cause

March 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.
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SCOTUS chief justice to speak at IU-Indy

March 17, 2010
IL Staff
The chief justice of the United States Supreme Court will deliver the ninth annual James P. White Lecture on Legal Education at Indiana University School of Law - Indianapolis.
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7th Circuit: counsel assistance wasn't ineffectiveRestricted Content

March 17, 2010
Jennifer Nelson
A defendant didn't receive ineffective assistance of counsel when his attorneys failed to raise the issue of comments made by his victim's mother during the trial, the 7th Circuit Court of Appeals ruled.
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Couple not a 'successful party' in settlement

March 16, 2010
Jennifer Nelson
Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
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Mortgage company didn't act in good faith

March 16, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.
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Legislature's end suspenseful for legal community

March 15, 2010
Michael Hoskins
As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.
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Lawmakers miss self-imposed deadline

March 12, 2010
Jennifer Nelson
The Indiana General Assembly tried to end the session more than a week before the constitutional March 14 deadline, but impasses on school funding and unemployment insurance caused the legislators to miss their March 4 self-imposed deadline.
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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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