Courts

Judge: Indiana can sue IRS over health care rules

August 13, 2014
 Associated Press
A federal judge has ruled Indiana and nearly 40 state school districts can sue the Internal Revenue Service over rules it imposed to implement the federal health care overhaul.
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Federal judge, managing partner keep jazz on the radio in northwest Indiana

August 13, 2014
Marilyn Odendahl

Each week longtime friends Bill Satterlee, managing partner at Hoeppner Wagner & Evans LLP in Valparaiso, and Kent Lindquist, senior judge for the Bankruptcy Court in the U.S. District Court for the Northern District of Indiana, share their mutual love of jazz by recording a two-hour show that airs Sunday nights on the local public radio station.

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Disciplinary Actions - 8/13/14

August 13, 2014
IL Staff
Read who recently resigned from the Indiana bar.
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Workplace threat injunction deemed invalid

August 13, 2014
Dave Stafford
An employee’s reported threat to blow his boss’s head off resulted in an injunction barring him from the workplace, but the Indiana Court of Appeals reversed recently in a case that highlighted conflicting statutes aimed at preventing violence on the job.
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Loretta Rush wins praise, makes history as new chief justice

August 13, 2014
Dave Stafford
Loretta Rush had dinner with friends awhile back in her hometown of Lafayette, but the upcoming chief justice selection didn’t come up. Robert Reiling recalls a nice time talking about family.  “I’m sure in Indianapolis she’s Chief Justice Rush,” Reiling said. “In Lafayette, she’s Loretta to everyone.”
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Court affirms termination of parental rights without case plan

August 12, 2014
Dave Stafford
Morgan County parents, including a father who dealt meth to a confidential informant while his wife and three minor children were present, lost an appeal of their termination of parental rights Tuesday.
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Appellate panel upholds dismissal in bridge case

August 12, 2014
 Associated Press
The dismissal of a lawsuit over the $2.3 billion Ohio River bridges under construction at Louisville has been upheld.
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Krauss appointed to Disciplinary Commission

August 12, 2014
IL Staff
A professor at Indiana University Robert H. McKinney School of Law has been appointed to the Indiana Supreme Court Disciplinary Commission.
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Indiana asks court to overturn gay marriage ruling

August 12, 2014
 Associated Press
Attorneys who want a federal appeals court to overrule a judge who threw out Indiana's gay marriage ban say there's no constitutional right to marry a person of the same sex.
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Special prosecutor to handle councilman's case

August 12, 2014
 Associated Press
A special prosecutor has been appointed to handle the case of a South Bend Common Council member who allegedly drove the wrong way on a highway while drunk.
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Payment of ‘ad valorem’ taxes sustain ownership in mineral interest

August 11, 2014
Marilyn Odendahl
Reversing the trial court’s ruling, the Indiana Court of Appeals concluded that a woman’s payment of “ad valorem” taxes on a mineral interest in Posey County prevented the lapse of her partial ownership.
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Argumentative passenger’s public intoxication conviction reversed

August 11, 2014
Dave Stafford
A passenger in a car that a police officer stopped after seeing an arm and object hanging out of the car window, followed by the sound of shattering glass, was improperly convicted of public intoxication, the Indiana Court of Appeals ruled Monday.
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COA: Sentencing court must hear inmate’s habeas petition

August 11, 2014
Dave Stafford
A man serving a 60-year murder sentence at the Pendleton Correctional Facility must seek relief in the court where he was sentenced, the Indiana Court of Appeals ruled Monday.
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Evidence does not support stand-your-ground defense

August 11, 2014
Marilyn Odendahl
A man’s attempt to bolster his defense by using Indiana’s stand-your-ground law was rejected because the evidence did not support his claim.
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Emmert says NCAA will appeal O'Bannon ruling

August 11, 2014
 Associated Press
NCAA President Mark Emmert said Sunday that the NCAA will appeal a ruling that opens the door for college athletes to receive some of the money they help generate in major sports.
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State Supreme Court to decide Indiana-IBM dispute

August 11, 2014
 Associated Press, IL Staff
The state Supreme Court will decide a dispute between the state of Indiana and IBM over the company's failed attempt to privatize public welfare services.
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No evidence car crash caused by other driver, 7th Circuit rules

August 8, 2014
Marilyn Odendahl
The estate of a northern Indiana man who died in an auto accident was unable to convince the 7th Circuit Court of Appeals his death was caused by the negligence of the other driver.
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Insurer loses appeal over matter litigated elsewhere

August 8, 2014
Dave Stafford
An insurance company may not recover in Marion Superior Court claims paid for an auto accident after a St. Joseph court ruled a driver was not at fault in the crash.
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Search of home after improper GPS tracking affirmed

August 8, 2014
Dave Stafford
Though the Indiana Court of Appeals agreed the warrantless installation of GPS devices was improper, it affirmed a trial court’s denial of a motion to suppress evidence subsequently collected at the home of a suspected drug dealer.
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Judges weigh 4 states' same-sex marriage cases

August 8, 2014
 Associated Press
Three federal judges weighing arguments in a landmark gay marriage hearing this week peppered attorneys on both sides with tough questions, with one judge expressing deep skepticism about whether courts are the ideal setting for major social change and another saying the democratic process can be too slow.
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Tough anti-abortion laws examined in federal court

August 8, 2014
 Associated Press
Even with legislatures in summer recess, there's no lull in the battle over state anti-abortion laws as several federal courts decide whether to uphold or strike down some of the most sweeping measures.
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Court upholds property tax assessments of Kokomo Mall

August 7, 2014
Jennifer Nelson
The Indiana Tax Court Wednesday affirmed the decision by the state Board of Tax Review to reduce Kokomo Mall LLC’s commercial property assessments for the 2007-2009 tax years.
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Court clarifies ‘known claim’ exclusion applies in insurance coverage dispute

August 7, 2014
Jennifer Nelson
The Indiana Court of Appeals granted rehearing to a case involving a dispute over coverage for environmental contamination and found that the "known claim” exclusion applies, not the known loss doctrine.
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Judge ‘troubled’ by delays in relocation case

August 7, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday upheld a mother’s decision to relocate from Indiana to Georgia with her daughter before a court hearing was held on the matter. But one judge on the panel found the court’s reliance on the time the mother and child lived in Georgia to support its decision “makes a mockery” of the relocation statute.
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Rush named next chief justice, first female to lead the court

August 6, 2014
Dave Stafford
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission, which deliberated about an hour before naming her the first female chief justice in the state’s history.

“I appreciate the vote of confidence the JNC has given me,” Rush said after her unanimous selection. On being the first woman chief, she said, “I look forward to the day it’s unremarkable.”

Rush will succeed outgoing Chief Justice Brent Dickson, who announced earlier this year he will step down from the leadership position by Sept. 1, but will remain on the court. Dickson, who as chief justice also chairs the JNC, must retire from the court when he turns 75 in July 2016.
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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. 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.

  3. 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.

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

  5. 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.

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