Courts

Owners responsible for delinquent sewer fees

September 17, 2008
Jennifer Nelson
In a ruling that will affect property owners across the state, the Indiana Supreme Court today held property owners are ultimately responsible for the delinquent sewer bills of their tenants.
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ACLU wins day-old political-sign suit

September 17, 2008
Michael Hoskins
Within a day of filing a federal lawsuit regarding Plainfield's ordinance restricting political campaign signs, the American Civil Liberties Union of Indiana can claim another win on an issue that's becoming more prominent statewide.
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Plainfield political sign ordinance challenged

September 16, 2008
Michael Hoskins
The American Civil Liberties Union of Indiana has filed a federal lawsuit challenging a Plainfield ordinance restricting political lawn signs.
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Judges differ in small claims court actionRestricted Content

September 16, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court's decision that the plaintiff had standing to file a small claims notice against his bankruptcy attorney, but the judges disagreed on whether the court erred in denying the attorney's motion for a change of judge.
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Arguments in gambling case Thursday

September 15, 2008
IL Staff
The Indiana Court of Appeals hits the road Thursday to hear arguments at Anderson University in a case involving a compulsive gambler and what duty the casino had to prevent her from gambling.
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Transfer granted in utilities case

September 15, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer Sept. 11 to a case involving a contract for the sale of electricity to a steel manufacturer.
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COA affirms joint legal custody

September 12, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a dissolution court's decision to grant joint legal custody of two minor children to the parents, finding the lower court followed Indiana statute in granting the custody.
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U.S. Chief Justice visits Notre Dame

September 12, 2008
Jennifer Nelson
The chief justice of the U.S. Supreme Court visited students at the Notre Dame Law School this morning for a one-day appointment to the James J. Clynes Visiting Chair at the school.
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Candidates interviewed for St. Joseph judgeship

September 12, 2008
IL Staff
he St. Joseph Superior Court Judicial Nominating Committee interviewed 15 candidates today to fill a vacancy on St. Joseph Superior Court. The vacancy will be created when Judge William T. Means retires at the end of this month.
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Judge recipient of IU alumni award

September 12, 2008
IL Staff
Dearborn Superior Judge G. Michael Witte will receive the 2008 Indiana University Asian Alumni Association's Distinguished Asian Pacific American Alumni Award, which recognizes outstanding professional achievements and community service of Asian Pacific American Alumni of the school.
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Judge orders man to stay away from city offices

September 11, 2008
Jennifer Nelson
A man who had repeatedly threatened city employees is now barred from visiting South Bend governmental offices after a St. Joseph Circuit judge granted a workplace violence protective order and permanent injunction against the man.
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District judge's robing ceremony Friday

September 11, 2008
IL Staff
Hon. William T. Lawrence, the newest judge in the U.S. District Court for the Southern District of Indiana, will be formally sworn in tomorrow at the federal courthouse in Indianapolis.
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Case vacated over jurisdictional questions

September 10, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals remanded a case to an Indiana District Court to determine whether the plaintiffs in a suit have citizenship in Indiana or Arizona.
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Masters named in Allen County judge's case

September 9, 2008
Jennifer Nelson
The Indiana Supreme Court has appointed three judges to serve as masters in an Allen Superior judge's disciplinary misconduct action following an incident in another judge's courtroom.
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7th Circuit upholds jury award reductionRestricted Content

September 9, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a District Court's grant of a motion for judgment as a matter of law on a breach of contract claim, finding a previously granted jury award of damages was based on speculation.
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Supreme Court adopts new ethics rules

September 9, 2008
IL Staff
The Indiana Supreme Court is adopting a new Code of Judicial Conduct based on the 2007 national model of the American Bar Association. The rules will become effective Jan. 1, 2009.
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Commission OK to rule on territory dispute

September 8, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed an order by the Indiana Utility Regulatory Commission, finding the commission had the authority to hear a dispute between a town and a water company.
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Court not ready to create paralegal rule

September 8, 2008
Michael Hoskins
The Indiana Supreme Court has declined to create a rule on paralegal registration for the state, putting a kink in an effort that's been under way for years.
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Partners receive public reprimand for ads' use

September 5, 2008
Jennifer Nelson
Two partners in the Indianapolis law firm Benkie & Crawford received public reprimands from the Indiana Supreme Court Thursday for attorney misconduct in their advertisements for legal services.
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Judge clears way for $4.5 million settlement

September 5, 2008
Jennifer Nelson
A U.S. District magistrate judge granted a joint motion Sept. 2 to vacate a jury verdict in favor of a man wrongfully imprisoned for rape, allowing a settlement reached between the man and the city of Hammond to be approved.
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Court sponsors Lincoln lecture, free CLE

September 5, 2008
IL StaffMore

Supreme Court grants 2 transfers

September 5, 2008
Jennifer Nelson
The Indiana Supreme Court granted two transfers Sept. 4, including one involving whether a juvenile court can order probation after a juvenile is ordered to commitment in the Department of Correction.
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Fishers company loses Marilyn Monroe suit

September 4, 2008
Michael Hoskins
An intellectual property licensing firm in Fishers has lost a federal lawsuit involving iconic images of the late actress Marilyn Monroe and the right of publicity.
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Federal court names new chief probation officer

September 4, 2008
IL Staff
The United States District Court for the Southern District of Indiana has appointed - effective immediately - a new chief probation officer, who also is the first African-American to serve in that capacity in the district.
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COA: Mortgage lien holder has priority

September 3, 2008
Jennifer Nelson
The Indiana Court of Appeals determined today that two contractors with mechanic's liens did not have priority over the mortgage lien held by the bank in a foreclosure action, discussing a law in a ruling for only the second time since it was enacted in 1999.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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