Courts

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 reduction

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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Convictions don't violate double jeopardy

September 3, 2008
Jennifer Nelson
The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.
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Government can create fire protection district

September 2, 2008
Jennifer Nelson
A board of commissioners in a southern Indiana county had the authority under Indiana statute to pass an ordinance creating a county-wide fire protection district, the Indiana Court of Appeals ruled today.
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President nominates federal judge for 7th Circuit

August 29, 2008
Michael Hoskins
President George W. Bush has nominated U.S. District Judge Philip P. Simon to the 7th Circuit Court of Appeals in Chicago.
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Commission mulls retention, mandates

August 29, 2008
Michael Hoskins
A legislative study committee on courts delved into a variety of topics on Thursday afternoon, ranging from a new judicial retention Web site, judicial mandates, and the first new court request of the year.
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Court split on mother's battery conviction

August 29, 2008
Jennifer Nelson
In a split decision by the Indiana Court of Appeals, the majority upheld a mother's conviction of battery against her daughter, but one judge felt her conviction had to be overturned in light of a recent Indiana Supreme Court decision.
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Adult son could file paternity, support petition

August 21, 2008
Jennifer Nelson
A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.
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Former Schererville judge sentenced

July 23, 2008
Michael Hoskins
A former judge in Lake County received a 15-month federal prison sentence on Thursday, four years after being indicted for extortion and fraud, and two years after she pleaded guilty to getting kickbacks from more than 1,000 defendants that she'd sentenced to driving school and counseling classes she secretly owned and personally profited from.
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Committee gets feedback on child support rules

July 18, 2008
Michael Hoskins
Creative suggestions came from a public hearing today about how to modify Indiana's child support rules and guidelines.
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7th Circuit upholds antitrust suit dismissal

June 23, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a decision by a U.S. District Court in Indiana which threw out a case involving Marathon Petroleum Company and its dealers because the dealers couldn't prove the company violated the Sherman Act.
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Worker's comp claim bars med mal complaint

June 18, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a hospital's motion to dismiss a medical malpractice complaint because the claimant, who was employed by the hospital and on duty at the time of the injury, could only file a complaint against the employer under the Worker's Compensation Act.
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Counties must pay for juvenile facilities

June 13, 2008
Jennifer Nelson
Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.
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Administrative remedies must be exhausted

June 5, 2008
Jennifer Nelson
Prisoners who file suits for damages before exhausting all administrative remedies are not entitled to a jury trial to debate factual issues relating to the exhaustion under the Seventh Amendment, the 7th Circuit Court of Appeals ruled today.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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