Courts

Sexual misconduct doesn't fall under MedMal act

November 6, 2008
Jennifer Nelson
The Indiana Court of Appeals today affirmed a trial court determination that an employee's sexual conduct with a patient can't constitute a rendition of health care or professional services, so a negligent hiring complaint against a hospital based on that conduct doesn't fall under the Indiana Medical Malpractice Act.
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Supreme Court recognized for tech initiatives

November 6, 2008
IL Staff
The Indiana Supreme Court has received an honorable mention in an international awards competition for its work on major technology initiatives, the court announced today.
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COA: Parental rights should be ended

November 5, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's decision to continue the parental rights of two incarcerated parents, finding it to be in the child's best interest to sever the rights because the parents possibly won't be released from prison for two more years.
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Johnson County CASA program gets grants

November 4, 2008
IL Staff
The Johnson County Court Appointed Special Advocates program has received four grants totaling more than $22,000 to fund the recovery from the June flood and expand the program's mission.
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Courts leave election law questions unanswered

November 4, 2008
Michael Hoskins
In the days leading up to an Election Day where thousands of Hoosier voters had already cast ballots before polls even opened, Indiana's appellate judges issued a pair of election law rulings that leave more questions than answers and will likely lead to further review.
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COA to hear arguments at Indy cathedral

November 3, 2008
Jennifer Nelson
The Indiana Court of Appeals will hear arguments in Indianapolis tomorrow, but not in their usual courtroom venue.
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Appeals filed in challenged mail-in ballot ruling

November 3, 2008
Jennifer Nelson
The plaintiffs in a Marion County suit involving how challenged mail-in absentee ballots are counted have filed a verified appellate Rule 56(a) motion for the Indiana Supreme Court to accept jurisdiction over their appeal.
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COA: Keep early-voting sites open

November 3, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a special judge's ruling to keep early-voting sites open in Lake County, holding that even if election law was violated in establishing the sites, public interest in having the sites would keep them open.
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Agriculture Law Foundation gets cy pres money

October 31, 2008
IL Staff
The Indiana Agricultural Law Foundation will receive $500,000 in funds made available through a class action settlement of a case in the U.S. District Court, Southern District of Indiana.
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No partial parental right termination allowed

October 31, 2008
Michael Hoskins
Indiana law doesn't allow for partial termination of parental rights, the state's Court of Appeals has ruled in a case of first impression.
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COA reverses child welfare molestation case

October 31, 2008
Michael Hoskins
The Indiana Court of Appeals has tossed out the convictions and 106-year sentence of a former Hamilton County child welfare worker accused of molesting two boys, including an autistic boy who he'd mentored.
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Absentee ballots challenged in Marion County

October 31, 2008
Jennifer Nelson
Republicans in Indiana are challenging early votes again, only this time Marion County absentee ballots are being questioned.
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Federal court dismisses suit against judge

October 30, 2008
Jennifer Nelson
A federal judge has thrown out a lawsuit against an Allen Circuit judge because the judge was entitled to judicial immunity in a suit filed by a pro se plaintiff disgruntled about a small claims ruling.
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Court offers free CLE on judicial restraint

October 30, 2008
IL Staff
The United States District Court for the Southern District of Indiana will conduct a free CLE event next week in New Albany regarding judicial restraint.
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Dad not in contempt for failure to pay full support

October 29, 2008
Jennifer Nelson
The Indiana Court of Appeals agreed a man was not in contempt for failing to pay child support ordered by a Florida court even though the Indiana trial court enforced his obligation for less than the amount ordered in Florida.
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Chief justice to talk on government reform

October 29, 2008
IL Staff
Just one day after the general election, Indiana Supreme Court Chief Justice Randall T. Shepard will discuss the challenges of local government reform at an event organized by provocate.org.
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Senior judge accused of misconduct

October 29, 2008
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed five charges against a senior judge and former LaPorte Superior Court judge, alleging he violated ethics rules while serving as an elected judge.
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COA affirms sexually violent predator findings

October 28, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that two defendants are sexually violent predators, ruling the state had produced sufficient evidence to support the determinations under the versions of the sexually violent predator statute used by the trial courts in each case.
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Arguments set in Lake County early-voting case

October 27, 2008
IL Staff
The Indiana Court of Appeals will hear arguments in the Lake County early-voter registration appeal at 1:30 p.m. EDT Oct. 30 in the Indiana Supreme Court Courtroom, Statehouse Room 317, Indianapolis.
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Event to discuss court history

October 24, 2008
IL Staff
A new annual event has been created by the Historical Society of the United States District Court for the Southern District of Indiana to focus on past and present legal issues, part of the group's shift from project-focused events to membership focused efforts.
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High court transfer filed in early-voting case

October 24, 2008
Jennifer Nelson
The plaintiffs in a suit challenging Lake County early-voting satellite locations are appealing a special judge's order to keep the locations open to the Indiana Supreme Court.
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New St. Joseph Superior judge appointed

October 24, 2008
IL Staff
Gov. Mitch Daniels has appointed South Bend attorney Margot Fisher Reagan to St. Joseph Superior Court to replace the retired Judge William T. Means.
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Update: Transfer denied in early-voting case

October 24, 2008
Jennifer Nelson
The Indiana Supreme Court has denied a request from two Lake County Republicans to hear an appeal challenging an order to keep early-voting satellite locations open.
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Court finds fax to be a contract

October 24, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.
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EBA members affirm all judicial candidates

October 24, 2008
IL Staff
The Evansville Bar Association has released the results of the survey of its members regarding the retention of three Vanderburgh Superior judges running for re-election in November.
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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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