Courts

Court sides with racinos in tax dispute with state

October 27, 2011
Francesca Jarosz
A federal bankruptcy court has sided with two Indiana racinos in a dispute over their tax burdens, a ruling that could reduce the total amount they pay into state coffers by as much as $30 million per year.
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Judges find man's sentence violates statute

October 27, 2011
Jennifer Nelson
The Indiana Court of Appeals relied on a case from the state’s highest court to rule on whether a term of imprisonment for the purposes of Indiana Code 35-50-3-1(b) includes both the executed and suspended portions of a sentence.
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COA rules on fire department consolidation demotions

October 26, 2011
Michael Hoskins
The Indiana Court of Appeals issued a decision Wednesday involving the consolidation of the Lawrence Township Fire Department with the Indianapolis Fire Department and how the local township merit commission was able to restructure the firefighter officer positions under an exception in state statute.
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Court addresses Barnes retroactivity

October 26, 2011
Michael Hoskins
The Indiana Court of Appeals added a new dimension to the debate about police entry and reasonable resistance, with a three-judge panel for the first time bringing up the issue of retroactivity as applied to the state justices' controversial ruling in Barnes v. State.
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Southern District bankruptcy court issues order on installment fees

October 26, 2011
IL Staff
The United States Bankruptcy Court in the Southern District of Indiana issued an order Oct. 25 outlining the payment schedule for installment fees.
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Finding the right forum

October 26, 2011
Michael Hoskins
Marion County’s small claims courts are unifying practices and ensuring litigants know their rights.
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Courts limiting workers' online conduct

October 26, 2011
Michael Hoskins
Workplace Internet policies go up against free speech concerns.
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Mediation could benefit familes with aging parents

October 26, 2011
Jenny Montgomery
When siblings can’t see eye-to-eye about how to care for their aging parents, families sometimes end up settling disputes in courtrooms. But elder care mediation can help families resolve conflicts before they become matters for litigation, if only more people knew about and used this option.
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Court weighs cost of transportation

October 26, 2011
Michael Hoskins
The Indiana Supreme Court balances due process and parental rights.
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Federal court addresses resentencing issue

October 25, 2011
Michael Hoskins
A federal appellate court’s general remand for resentencing doesn’t necessarily mean a defendant will receive a lesser penalty or be able to introduce new arguments, the 7th Circuit Court of Appeals ruled Tuesday.
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Judges divided over prison term for probation violation

October 25, 2011
Jennifer Nelson
The Indiana Court of Appeals was divided in affirming a man’s revocation of probation and order that he serve 12 years of his suspended sentence, with the dissenting judge finding this decision will penalize his child who is relying on support payments.
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COA rules man can challenge med mal act

October 25, 2011
Michael Hoskins
The Indiana Court of Appeals ruled a man whose wife died because of a missed medical diagnosis and obtained an $8.5 million jury verdict is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.
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Supreme Court takes 3 cases

October 25, 2011
IL Staff
The Indiana Supreme Court has granted transfer to three cases, dismissed one and declined 16 cases for the week ending Oct. 21.
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Court rules on mistaken statutory language

October 24, 2011
Michael Hoskins
A mistaken statutory provision has led to a reversal of a decision by a trial court judge from Wells County.
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Judges interpret left turn traffic statute

October 24, 2011
Michael Hoskins
Turning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana Court of Appeals ruled Monday.
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Northern District increases bankruptcy fees

October 24, 2011
IL Staff
On Nov. 1, several fees will increase in the United States Bankruptcy Court’s Northern District of Indiana.
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7th Circuit hears Planned Parenthood, JLAP appeals

October 21, 2011
Michael Hoskins
The 7th Circuit Court of Appeals heard two arguments in Indiana cases Oct. 20, one about how the state’s Medicaid money goes to Planned Parenthood and a second suit involving a man who claims he was discriminated against by being referred to the Judges and Lawyers Assistance Program when applying to take the Indiana bar exam.
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Hendricks County online with Odyssey

October 21, 2011
IL Staff
The Hendricks County courts and clerk are now using the “Odyssey” case management system, which makes court information available online in 108 courts across Indiana.
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State bar honors 2 judges at annual meeting

October 21, 2011
IL Staff
The Indiana State Bar Association honored two Court of Appeals judges at its annual meeting Oct. 20 in French Lick.
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Lawmakers finalizing post-Barnes legislation proposals

October 21, 2011
Michael Hoskins
A legislative study committee is about a week away from finalizing its proposals to clarify state law and allow for Indiana residents to use reasonable force to resist police entry into their homes in all but domestic violence and certain emergency situations.
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Judge affirms assessment of theater

October 20, 2011
Jennifer Nelson
The Indiana Tax Court affirmed the 2006 assessment of a Marion movie theater, finding the Grant County assessor is essentially asking the court to reweigh the evidence, which it cannot do.
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Defendants not negligent in father's suicide, murder of daughter

October 20, 2011
Jennifer Nelson
A father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals held Thursday.
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COA upholds $300,000 verdict, addresses 'patient abandonment'

October 19, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled on the first of hundreds of medical malpractice claims filed against a former ear-nose-throat specialist in Merrillville, upholding a $300,000 jury verdict and also delving into novel legal issues that haven’t been widely addressed by the state’s appellate courts.
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EnerDel parent facing shareholder legal battle

October 19, 2011
IBJ Staff
A federal judge in New York as early as this week could chose a lead plaintiff from among at least three lawsuits accusing the parent of Indianapolis-based advanced-battery maker EnerDel of misleading investors about its financial condition.
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Bankruptcy fees increase Nov. 1

October 19, 2011
IL Staff
On Nov. 1, several fees will increase in the United States Bankruptcy Court’s Southern District of Indiana, including the Title 11 administrative fee, AP filing fee and notice of appeal fee.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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