Courts

Doctrine of continuing wrong not applicable to man’s malpractice claim

November 7, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.
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AG asks court to appoint attorney as receiver of INCASA

November 7, 2014
Jennifer Nelson
Indiana Attorney General Greg Zoeller has asked a Marion County Court to appoint an attorney as receiver of an Indianapolis-based nonprofit that suspended operations in June due to financial insolvency.
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Residents not entitled to refund for alleged Barrett Law violations

November 7, 2014
Jennifer Nelson
The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.
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Ex-Center Township judge agrees to ban from bench

November 7, 2014
Dave Stafford
A former Marion County Small Claims Court judge has agreed to a lifetime ban from holding judicial office after allegations that she used her position to profit from a wedding business.
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Union loses challenge to state’s right-to-work law

November 7, 2014
Jennifer Nelson
The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A union had asked a Lake County judge to declare the entire statute unconstitutional.
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Gay marriage on way back to US Supreme Court

November 7, 2014
 Associated Press
A month after the U.S. Supreme Court declined to rule on gay marriage, the issue is headed its way again.
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Former township CFO pleads guilty in public theft case

November 7, 2014
IBJ Staff
A former chief financial officer for Center Township in Indianapolis plans to plead guilty to federal public corruption charges, the U.S. Attorney’s Office announced Thursday afternoon.
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Indiana Supreme Court upholds right-to-work law

November 6, 2014
Jennifer Nelson
The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A Lake County judge declared the challenged statutory provisions unconstitutional in a July 2013 ruling.
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Judges uphold denial of motion to suppress on rehearing

November 6, 2014
Jennifer Nelson
The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.
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Indiana man sentenced in shooting of intruder

November 6, 2014
 Associated Press
An eastern Indiana man has been sentenced to 60 days in jail for firing gunshots that wounded an intruder who was fleeing his property.
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Author of bin Laden book sues Indiana attorney, firm for malpractice

November 6, 2014
 Associated Press
A former Navy SEAL who wrote a book describing the raid that killed Osama bin Laden sued his former lawyers Wednesday for malpractice, saying they gave him bad advice that tarnished his reputation, cost him his security clearance and caused him to surrender much of the book's income to the government.
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All appeals judges retained by voters

November 5, 2014
IL Staff
The four Indiana appellate judges up for retention this year received approval from voters Tuesday.
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Insurer on the hook for nearly $64,000 in home repairs following storm

November 5, 2014
Jennifer Nelson
An insurance company, based on the terms of its policy, is required to cover storm damage to the home of a northern Indiana couple, the Indiana Court of Appeals affirmed Wednesday. The insurer argued deteriorated shingles were the cause of the water damage in the home.
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COA affirms South Dakota law applies to personal injury case

November 5, 2014
Jennifer Nelson
A Marion Superior Court did not err when it decided that the location of an accident involving a drowsy driver – South Dakota – should be the applicable law in a case brought in Indiana.
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Appeals court weighing Indiana strip club dispute

November 5, 2014
 Associated Press
A federal appeals court is now considering whether northeastern Indiana city officials acted properly when they prevented a strip club from opening.
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Teen gets Marion County summons to serve on jury

November 5, 2014
 Associated Press
A Speedway High School freshman on Monday received a summons in the mail to serve on a jury in Marion County.
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Second chance law needs a second look

November 5, 2014
Marilyn Odendahl
Attorneys say Indiana's expungement law still has issues that the Legislature needs to fix.
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Defendant argues jury erred by disregarding experts

November 5, 2014
Marilyn Odendahl
A Steuben County man convicted of attempted murder by a jury of his peers is asking the Indiana Supreme Court to take the rare step of reversing the verdict on the grounds the jury ignored evidence that he was delusional on the day he committed the crime.
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Serving those who served

November 5, 2014
Dave Stafford
More veterans courts are popping up around the state, with a focus on individual treatment and establishing mentorships.
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Group challenges Marion County Criminal Justice Complex bed plan

November 5, 2014
Kathleen McLaughlin
A grassroots, church-based organization is trying to stir up voter interest in Marion County’s plan for a new criminal justice complex and questioning the need to expand jail capacity.
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Technology helps aid non-English-speaking litigants but has limits

November 5, 2014
Dave Stafford
Remote connections for interpreting services are becoming more common in courts and legal proceedings. Speakers of Arabic, Mandarin, Punjabi and countless other languages and dialects are entitled to understand proceedings and communicate, but there isn’t always a qualified interpreter who can show up in person.
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Disciplinary Actions - 11/5/14

November 5, 2014
IL Staff
Read who has received a public reprimand, been suspended or resigned from the bar.
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New judge takes Lake County bench

November 4, 2014
IL Staff
Bruce D. Parent has taken his seat on the Lake Superior Court bench.
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Justices take trio of criminal cases

November 3, 2014
Dave Stafford
The Indiana Supreme Court added three criminal cases to its docket last week.
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Judge: Heroin use is driving explosion in CHINS filings

November 3, 2014
Dave Stafford
More than 25,000 Marion County youths have been referred to juvenile court this year for adjudication as children in need of services, an increase of more than 35 percent compared to last year.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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