Courts

NY appeals court says chimpanzees don't have rights of people

June 9, 2017
 Associated Press
Two chimpanzees that were caged at a trailer lot and at a primate sanctuary don't have the legal rights of people in New York, an appeals court said Thursday.
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Ginsburg earns $204,000 from book of collected writings

June 9, 2017
 Associated Press
U.S. Supreme Court Justice Ruth Bader Ginsburg earned $204,000 last year in royalties from her new book, a collection of writings and speeches from the court's oldest member.
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Attorneys now have online state court record access

June 9, 2017
IL Staff
Indiana lawyers can now view online public records in state trial court cases in the Odyssey case management system available through mycase.in.gov.
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Canvassers charged in fake, fraudulent voter registrations

June 9, 2017
 Associated Press
Twelve employees of a Democrat-linked group focused on mobilizing black voters in Indiana are accused of submitting fake or fraudulent voter registration applications ahead of last year’s general election to meet quotas, according to charging documents filed Friday.
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No bond for woman accused of leaking top-secret documents

June 9, 2017
 Associated Press
A federal judge in Augusta, Georgia, ordered a young woman charged with leaking classified U.S. documents to remain jailed until her trial after prosecutors argued she might possess more stolen government secrets.
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COA: Man’s actions waived right to speedy trial

June 9, 2017
Olivia Covington
An Indiana man convicted of multiple felony drug charges lost his appeal of his lack of a speedy trial because his actions, including his failure to object to a later trial date, waived his right to such a trial, the Indiana Court of Appeals ruled Friday.
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Debt collection lawyer hit with $25M judgment

June 8, 2017
 Associated Press
A Houston lawyer specializing in lawsuits against consumers for old debts has been slapped with $25 million in civil penalties by a Harris County jury that found he uses deceptive trade and debt collection practices.
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Your Twitter outrage may require libel insurance

June 8, 2017
 Bloomberg News
Given how much of our lives is spent venting on social media, especially in the age of Trump, the more vociferous might want to consider libel insurance.
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Justices to decide whether adults can send sexually explicit images to certain teens

June 8, 2017
Olivia Covington
After oral arguments before the Indiana Supreme Court next week, the justices will decide if adults can send sexually explicit photos to 16- and 17-year-olds without breaking state law.
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7th Circuit: Retired veteran can’t sue government for distress

June 8, 2017
Olivia Covington
A retired veteran who was wrongfully deprived of incapacitation payments during his time in the reserves cannot sue the U.S. government for distress caused by that deprivation because existing caselaw prohibits servicemembers from suing the government for injuries accrued while in the military, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit affirms preliminary injunction to allow pro-marijuana rally

June 8, 2017
Olivia Covington
A pro-marijuana nonprofit organization may be able to hold a rally on the steps of the Tippecanoe County Courthouse after the 7th Circuit Court of Appeals affirmed a preliminary injunction against the county’s policy for approving courthouse events.
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Supreme Court suspends attorneys for failure to pay fees, meet CLE requirements

June 7, 2017
IL Staff
Nearly 200 attorneys licensed to practice law in Indiana have been suspended for failure to pay certain fees or meet continuing legal education requirements.
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7th Circuit: Summary judgment properly awarded to glue manufacturer

June 7, 2017
Olivia Covington
A federal judge properly awarded summary judgment to a glue manufacturer after the 7th Circuit Court of Appeals determined a man who claimed he suffered neurological issues from the glue’s fumes failed to provide expert testimony to establish causation.
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COA affirms dismissal of manslaughter charges after police, prosecutorial misconduct

June 7, 2017
Olivia Covington
A northern Indiana man charged in connection with the shooting death of his wife will not be tried after a divided Indiana Court of Appeals ruled Wednesday that actions by state officials intentionally meant to hurt the man’s defense would make it impossible for the man to receive a fair trial.
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Bellwether Cook blood-clot-filter case heads to trial

June 7, 2017
John Russell, IBJ Staff
The lawsuits continue to pile up, dozens a month, against Cook Group from patients who say the company’s blood-clot filters malfunctioned, sometimes piercing organs and blood vessels, requiring surgeons to remove them.
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Subpoena scuffle puts American Senior Communities fraud case on contentious course

June 7, 2017
Greg Andrews, IBJ Staff
You knew the fraud case against former American Senior Communities CEO James Burkhart was going to be a battle royal once Burkhart enlisted the indefatigable defense attorney Larry Mackey, who won acclaim for prosecuting the Oklahoma City bombing suspects two decades ago.
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NCAA faces new lawsuit over concussions by late football player

June 7, 2017
 Associated Press
The family of a former college linebacker who killed himself in 2014 is suing the NCAA, assailing its handling of concussions that included more than 100 allegedly suffered by Zack Langston at Pittsburg State.
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Lake County sheriff granted summary judgment in deputy sexual assault case

June 7, 2017
Olivia Covington
A northern Indiana sheriff has been cleared of liability relating to an alleged sexual assault of a Lake County resident by a sheriff’s deputy after a magistrate judge concluded the alleged victim failed to present evidence that the sheriff had a duty to her.
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Judge says part of lawsuit in Flint water crisis can proceed

June 6, 2017
 Associated Press
A judge has refused to dismiss portions of a sweeping lawsuit against state and local officials in the Flint water crisis.
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Suit alleges Allen County sheriff denied vote to those in jail

June 6, 2017
Dave Stafford
Lawyers for inmates of the Allen County Jail and for the sheriff conferred in federal court Tuesday as a lawsuit proceeds alleging detainees were denied their right to vote.
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Chief deputy prosecutor tapped for Henry County bench

June 6, 2017
IL Staff
David Lynn McCord, a chief deputy prosecutor, has been appointed as judge of Henry Circuit Court 3, Gov. Eric Holcomb’s office announced Tuesday.
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Muncie man gets 80 years in attempted suicide-by-cop shootings

June 6, 2017
 Associated Press
A judge in Muncie has sentenced a 29-year-old man to the maximum 80-year term in prison for firing shots at two law enforcement officers.
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Evansville newspaper can’t claim tax deduction for out-of-date printing press

June 6, 2017
Olivia Covington
A southern Indiana newspaper company cannot claim an “abnormal obsolescence” tax deduction for its purchase of a now-outdated printing press after a special tax court judge found the media company did not establish a prima facie case.
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Judge won’t bifurcate ‘Texas’ steakhouses’ trademark trial

June 5, 2017
Dave Stafford
A federal judge refused to order separate trials on liability and damages for a Merrillville-based steakhouse chain accused of copying the trade dress and trademarks of a larger Texas-themed competitor.
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Man's 9-year sentence for possessing a gun upheld by 7th Circuit

June 5, 2017
Olivia Covington
An Indiana’s man sentence for possession of a firearm by a violent felon will stand after the 7th Circuit Court of Appeals held Monday the federal and state definitions of “battery” and “force” work together to convict him of violent felonies.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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