Courts

Vegas lawyer accused of stealing millions from clients

January 5, 2017
 Associated Press
A prominent Las Vegas wills and trusts lawyer who disappeared last month amid state bar allegations that he stole millions of dollars in client funds was indicted and arrested Wednesday on criminal charges that could get him up to 90 years in prison.
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Coca-Cola, ABA accused of tobacco-like deception in lawsuit

January 5, 2017
 Bloomberg News
Coca-Cola Co. was sued by activists who compare the beverage giant’s advertising tactics to the tobacco industry’s past efforts in minimizing the health effects of its products and targeting children to replenish the ranks of its customers.
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Judge blocks Indiana’s attempt to limit birth certificate ruling

January 5, 2017
Marilyn Odendahl
Indiana’s motion to alter the judgment allowing both females in a same-sex marriage to be listed on their child’s birth certificate was met with a sharp caution from the bench about re-litigating or attempting to limit the court’s order.
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Legislation would extend Marion Superior judges’ terms

January 5, 2017
Dave Stafford
A proposal for a new judicial selection system for Indianapolis would require term extensions for all 36 Marion Superior judges, the bill’s author said.
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Bill would alter plea agreement, sentencing requirements

January 5, 2017
IL Staff
Judges would no longer be required to advise criminal defendants of the earliest and latest possible release dates under legislation introduced in the Indiana Senate. The legislation also would strike language that shields rejected plea agreements and proceedings from the official court record.
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Grassley expects tough fight on Supreme Court nomination

January 5, 2017
 Associated Press
Sen. Charles Grassley says he doesn't think he'll be condemned for moving quickly on a Donald Trump nominee for U.S. Supreme Court after refusing last year to hold hearings on President Barack Obama's nominee, Merrick Garland.
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Indianapolis doctor wins defamation judgment against CVS

January 4, 2017
Dave Stafford
An Indianapolis physician whose patients were told at multiple CVS pharmacies that their prescriptions couldn’t be filled because the doctor had been arrested or was suspected of running a pill mill won a defamation judgment against the drugstore chain.
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Senior judge faces discipline for OWI

January 4, 2017
IL Staff
A senior judge and former Lake County magistrate is facing judicial discipline proceedings after pleading guilty in November to a charge of driving while intoxicated.
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Merit selection, with recommendations for voters, proposed for Indy bench

January 4, 2017
Dave Stafford
A bill in the Indiana General Assembly would establish merit selection for Marion Superior judges, but Indianapolis’ version would also include recommendations from the judicial selection committee on whether voters should retain judges.
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Gary councilwoman challenges accusations of law violation

January 4, 2017
 Associated Press
A city councilwoman has filed a lawsuit to keep her second job as an employee of the Gary Sanitary District.
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Former ITT students seek creditor status in school's bankruptcy case

January 4, 2017
Susan Orr, IBJ Staff
A group of former ITT Educational Services Inc. students are seeking legal recognition as creditors in ITT’s ongoing bankruptcy case.
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7th Circuit: Umbrella commercial policies’ UIM coverage must reach limits

January 4, 2017
Dave Stafford
A man who was seriously injured in a vehicle crash while driving for his job won a reversal of a federal court ruling in the insurance company’s favor Tuesday.
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7th Circuit affirms Indiana’s ban on robocalls

January 4, 2017
Dave Stafford
A political organization that argued Indiana’s ban on telephone robocalls disfavored political speech and was content discrimination got a terse reply from the 7th Circuit Court of Appeals Tuesday.
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Man can't seek relief for murder conviction after robbery resentencing

January 4, 2017
Olivia Covington
An inmate convicted of murder and attempted robbery cannot be granted habeas relief for the murder conviction because the statute of limitations for that conviction under the Antiterrorism and Effective Death Penalty Act had passed, despite a resentencing on the robbery charge, the 7th Circuit Court of Appeals decided Tuesday.<
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Federal statute of limitations does not preempt state statute in collections action

January 3, 2017
Olivia Covington
The United States Congress’ purpose in passing the Interstate Commerce Commission Termination Act was not to preempt state statutes of limitations, the Indiana Supreme Court held Tuesday, so an 18-month federal statute of limitations cannot bar a transportation company’s collections claim against an Indiana manufacturer.
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Property contract with no-cheating clause enforceable

January 3, 2017
Olivia Covington
A Jefferson County woman must convey her assets in a property she shared with her ex-boyfriend after she became pregnant by another man in breach of a contract she signed with the ex-boyfriend, the Indiana Court of Appeals found Friday.
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Owners of flooded house lose appeal in suit against Valparaiso

January 3, 2017
Jennifer Nelson
A couple whose home near a water retention and detention facility was flooded in 2008 when the city of Valparaiso experienced a 200-year storm are not able to assert a private cause of action under Indiana’s Flood Control Act, the Indiana Court of Appeals affirmed Friday.
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COA: Court properly denied motion to set aside default judgment

January 3, 2017
Jennifer Nelson
A company being sued for negligence failed to convince the Indiana Court of Appeals that the default judgment entered against it in the matter should be overturned.
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Assessor waived objection to untimely filing of record

January 3, 2017
Jennifer Nelson
The Indiana Tax Court on Friday determined that a northern Indiana assessor’s office waived its objection to a late-filed certified administrative record in a tax appeal, ruling that an objection must be made before the merits of a case have been furthered.
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Indiana GOP senator says bill aimed at Islamic law concerns

January 3, 2017
 Associated Press
One of the Indiana legislators proposing to prohibit state judges from referring to foreign laws says he is concerned that Islamic religious law could be cited in civil cases.
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Ex-head of Jared Fogle's charity seeks sentence review

January 3, 2017
 Associated Press
A man who led former Subway pitchman Jared Fogle's anti-obesity charity wants his sentence for child exploitation and child pornography vacated or modified.
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Former IDEM employee’s unlawful termination case can continue

December 29, 2016
Olivia Covington
A former Indiana state employee can continue her case against the Indiana Department of Environmental Management after the Court of Appeals decided Thursday that her unlawful termination complaint stated a claim upon which relief can be granted and that sovereign immunity cannot apply.
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Granddaughter can continue to seek guardianship of grandfather

December 29, 2016
Olivia Covington
The Indiana Court of Appeals is allowing a granddaughter to continue seeking guardianship over her grandfather after determining that the trial court erroneously dismissed her guardianship petition.
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COA: Trial court’s erroneous statement did not change terms of plea agreement

December 29, 2016
Olivia Covington
A man convicted of drug-related charges must adhere to the waiver of his right  to appeal his sentence as part of his plea deal after the Indiana Court of Appeals found Thursday that the trial court’s erroneous statement did not change the terms of that agreement.
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Gun evidence admissibility divides Court of Appeals

December 29, 2016
Jennifer Nelson
In a “he said, she said” case before the Indiana Court of Appeals Thursday, the judges were divided on whether admission of a gun into evidence prejudiced a woman’s convictions of resisting law enforcement and battery against a public safety official and her boyfriend’s battery conviction.
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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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