Courts

2nd Circuit: NSA phone record collection is excessive

May 7, 2015
 Associated Press
The bulk collection of Americans' phone records by the government exceeds what Congress has allowed, a federal appeals court said Thursday as it asked Congress to step in and decide how best to protect national security and privacy interests.
More

New magistrates approved for 7 counties

May 6, 2015
Marilyn Odendahl
Seven Indiana counties have been given approval to appoint new magistrate judges to their local courts. Gov. Mike Pence signed House Enrolled Act 1110 on May 5.
More

Pacquiao's next fight looms in Vegas court over bum shoulder

May 6, 2015
 Bloomberg News
Manny Pacquiao went into the richest match in boxing history without telling fans and gamblers he had a bum shoulder. Now he faces a fight in court.
More

Reporter may need to testify, interview notes remain private

May 6, 2015
 Associated Press
A northern Indiana judge has ruled a newspaper reporter does not have to turn over notes and recordings from an interview she conducted with a man accused of murder and the suspect's mother. But Elkhart Circuit Judge Terry Shewmaker said she does have to be available to testify as a rebuttal witness.
More

Do-over expected to bring same result in contraception case

May 6, 2015
Marilyn Odendahl
In a second round of oral arguments regarding the University of Notre Dame’s challenge to the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals not only remained dubious of the school’s assertions but also seemed perplexed as to why the case came back to the court.
More

Jury is out on Indiana Tax Court

May 6, 2015
Dave Stafford
The Indiana Supreme Court on April 20 appointed a task force to study the work volume, operations and performance of Indiana’s Tax Court, created in 1986 by the Legislature to remove the intricate tax cases from state trial courts.
More

Indiana attorney disbarred by Supreme Court for 'profoundly disturbing' behavior

May 6, 2015
Dave Stafford
R. Mark Keaton lost his license to practice law recently, but that hasn’t stopped him from continuing his vendetta against a woman who ended what the Indiana Supreme Court called “a tempestuous long-distance relationship.”
More

Mediation Assistance Program appoints counsel to help litigants settle cases

May 6, 2015
Marilyn Odendahl
The program, started in 2009, matches attorney volunteers with pro se litigants as they enter settlement talks. In its inaugural year, MAP appointed legal counsel to two settlement conferences. By 2013, MAP attorneys assisted in 43 conferences.
More

Johnson County ADR program sees uptick in caseload

May 6, 2015
 Associated Press, Dave Stafford
Every day, a program in Franklin works with families struggling with divorce, custody battles and child support disputes. The goal is to help resolve arguments, get cases through the court system faster, and help families move on.
More

Parents of autistic children gird for showdown with Anthem

May 6, 2015
IBJ Staff, J.K. Wall
A showdown is brewing over autism therapy in Indiana. After an Elkhart couple with an autistic son sued Indianapolis-based health insurer Anthem Blue Cross and Blue Shield in April, autism families around the state have started a campaign to get Anthem to change its policy for covering therapy for school-age children.
More

Graham takes oath

May 6, 2015
IL Staff
Bankruptcy Judge Jeffrey Graham recently took the oath.
More

7th Circuit wants rationale for sentence

May 5, 2015
Marilyn Odendahl
A defendant was unable to get his revocation of probation overturned, but he is heading back to court for another sentencing after the District judge failed to give reasons for imposing a two-year jail term.
More

Deaf litigant’s ADA case proceeds, minus state defendants

May 5, 2015
Dave Stafford
A judge has dismissed state defendants from a lawsuit brought by a deaf man who was denied a court-appointed interpreter during a mediation, but his lawsuit against the Marion Circuit Court will proceed.
More

Pence signs bill tightening Indiana's state ethics laws

May 5, 2015
 Associated Press
Indiana Gov. Mike Pence has endorsed an overhaul of state ethics laws that requires greater financial disclosure by lawmakers and expressly prohibits elected officials from using state resources for political purposes.
More

Website domain dispute pulled from justices’ calendar

May 5, 2015
Dave Stafford
A dispute over a website address that had been scheduled for oral arguments Wednesday before the Indiana Supreme Court has been settled, an attorney involved in the case said.
More

New law will give immunity to volunteer medical workers

May 5, 2015
 Associated Press
Doctors, nurses and other health care providers will have civil immunity for their volunteer work under a new Indiana law.
More

Indiana Supreme Court approves amended pro bono reporting rule

May 4, 2015
Marilyn Odendahl
The Indiana Supreme Court has amended the state’s new pro bono reporting rule, narrowing the focus to measuring only the direct representation given to indigent litigants.
More

Justices to review ruling for father of fatally injured moped rider

May 4, 2015
Dave Stafford
The Indiana Supreme Court will hear a case, stemming from a fatal crash, in which the trial court and Court of Appeals reached different results.
More

Judge allows woman's suit over jail miscarriage to proceed

May 4, 2015
 Associated Press
A federal judge has ruled that a northern Indiana woman can proceed with her lawsuit alleging negligence in a miscarriage she suffered while in custody.
More

Central Indiana county seeks to develop work release program

May 4, 2015
 Associated Press
Officials in a central Indiana county are seeking to develop a community work release program that would keep the jail from becoming overcrowded and could save taxpayers the expense of having to expand or eventually build a new jail.
More

Split 7th Circuit allows death penalty challenge asserting intellectual disability

May 4, 2015
Dave Stafford
A killer sentenced in Texas and awaiting execution on federal death row in Terre Haute will be allowed to proceed with efforts to present new evidence of intellectual disability that would make him ineligible for capital punishment, a 7th Circuit Court of Appeals en banc review determined in a 6-5 opinion.
More

Judge, attorney credited for robust recovery for victims of securities fraud

May 1, 2015
Greg Andrews, IBJ Staff
The more than 90 investors who lost $9.7 million in a securities fraud perpetrated by Fishers hedge fund manager Keenan Hauke will recover about 33 percent of their losses - a far better outcome than is typical in cases of its kind.
More

Fort Wayne attorney named new Allen Superior magistrate

May 1, 2015
IL Staff
A private practice attorney and former Indiana Department of Child Services attorney has been chosen as magistrate judge in Allen Superior Court Family Relations Division.
More

COA orders judgment in favor of woman on adverse possession claim

April 30, 2015
Jennifer Nelson
Because there is evidence that both the woman who purchased land from a trust and the trustee paid taxes on a disputed 1.8 acres of land for at least 10 years, the woman’s claim for adverse possession of the land should be granted, the Indiana Court of Appeals held.
More

Court OKs admission of tweets, reverses criminal gang activity conviction

April 30, 2015
Jennifer Nelson
In a case of first impression regarding the authentication of social media posts, the Indiana Court of Appeals held that the testimony from the defendant's girlfriend that the Twitter account belonged to her boyfriend, as well as content from that account, sufficiently showed the defendant was the author of its tweets.
More
Page  << 1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

ADVERTISEMENT