Courts

Legal fight fuels tensions in tight-knit tech world

January 16, 2013
Chris O'Malley
A trademark-infringement case brought against App Press LLC threatens to smother the tech startup in legal fees before it reaches its potential. And in a curious twist, the case also has generated grumblings in the tightknit developer community toward a big law firm that is representing App Press’ opponent in the federal court case.
More

Disciplinary Actions - 1/16/13

January 16, 2013
IL Staff
See who's discipline has been rescinded.
More

Justices take 5 cases

January 15, 2013
Dave Stafford
The Indiana Supreme Court will weigh whether a student who resisted being handcuffed by a school resource officer merits adjudication as a delinquent for the equivalent of Class D felony resisting law enforcement.
More

Property mortgagor, managers owed no duty in case of drowned girl

January 15, 2013
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and other defendants after the child drowned in the pool of a house that had been abandoned.
More

COA: Theft and auto theft adjudications didn’t violate single larceny rule

January 15, 2013
Dave Stafford
A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.
More

Detailed settlement agreement not specific enough for son to claim funds

January 15, 2013
Marilyn Odendahl
Although a settlement agreement worked out between siblings included details about who would receive the comic books, the Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving sons would not be entitled to the money.
More

Plank failed to preserve claim med mal cap is unconstitutional

January 15, 2013
Jennifer Nelson
The Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act.
More

Borrower entitled to retrial on judgment, COA rules

January 15, 2013
Dave Stafford
A Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.
More

Father owes support to children conceived via artificial insemination

January 15, 2013
Dave Stafford
A father who contested a trial court order that he must pay child support for two children failed to convince the Court of Appeals that he did not consent to their conception through artificial insemination.
More

COA: ‘Appalling character’ of deadbeat dad merits 10-year sentence

January 15, 2013
Dave Stafford
An Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone to the Indiana Supreme Court.
More

Ex-Chicago cop among 3 sentenced in Latin Kings prosecutions

January 14, 2013
IL Staff
The continuing federal prosecutions of the Latin Kings street gang that federal authorities have implicated in 19 murders resulted in a 19-year sentence for a former Chicago police officer.
More

Volunteer judges needed for high school mock trial competitions

January 14, 2013
IL Staff
The Indiana Mock Trial program is putting out the call for volunteer judges to help with this year’s regional and state competitions as well as the national championship which will be held in Indianapolis in May.
More

Judicial appointments made to Marion and Vanderburgh Superior courts

January 11, 2013
IL Staff
In one of his last official acts as governor of Indiana, Mitch Daniels appointed judges to the Vanderburgh and Marion Superior courts. When the two judges will assume their new duties has not been determined.
More

Dickson to deliver first State of the Judiciary

January 11, 2013
IL Staff
Chief Justice Brent Dickson will deliver his first State of the Judiciary address to the Indiana General Assembly at 2 p.m. EST on Jan. 23.
More

AG asks Supreme Court to review Gingerich conviction

January 11, 2013
Dave Stafford
The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.
More

Justices find man not required to register for life as sex offender

January 10, 2013
Jennifer Nelson
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
More

Justices adopt changes to parenting time guidelines

January 10, 2013
IL Staff
The Indiana Supreme Court has issued a 33-page order that spells out the changes to the state’s parenting time rule and guidelines. The amendments take effect March 1, 2013.
More

Judge supports denying rehearing, but disagrees with colleagues’ rationale

January 9, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
More

Evidence supports wife entitled to protective order against husband

January 9, 2013
Jennifer Nelson
A Tippecanoe County man appealing the issuance of a protective order against him lost his case before the Indiana Court of Appeals Wednesday. The appellate court concluded that the evidence showed his wife is a victim of domestic violence.
More

Indiana authors SCOTUS brief on legislative prayer

January 9, 2013
IL Staff
Indiana Solicitor General Thomas M. Fisher drafted an amicus brief filed in the Supreme Court of the United States Monday in Town of Greece, N.Y. v. Galloway, 12-696. The brief, joined by 17 other states, asks the nation’s highest court to grant cert petition and issue a ruling clarifying that prayer is permitted before legislative bodies without requiring leaders to screen prayers for sectarian references.
More

US Courts hope to make bankruptcy forms more user-friendly

January 9, 2013
Jennifer Nelson
The United States Courts announced Tuesday that it is seeking comment from the public on proposed updates to the bankruptcy forms used by individual debtors. These changes are the first proposed modernization of the forms in two decades.
More

Settlement without insurer’s consent is at builder’s expense

January 8, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.
More

Texas Roadhouse fire suit among 4 justices take

January 8, 2013
Dave Stafford
A lawsuit over liability for a fire that destroyed an Indianapolis steakhouse because hydrants were frozen and unusable will proceed to the Indiana Supreme Court.
More

ITT agrees to pay Sallie Mae $46M to settle suit

January 8, 2013
Scott Olson
Carmel-based ITT Educational Services Inc., one of the largest operators of for-profit colleges in the nation, has agreed to pay Sallie Mae Corp. $46 million to settle litigation related to a loan agreement between the two parties.
More

Governor, Election Commission now defendants in Marion County election case

January 7, 2013
Dave Stafford
A federal suit that challenges the constitutionality of Marion County judicial elections has been amended to name the governor and members of the Indiana Election Commission as defendants.
More
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

ADVERTISEMENT