First impression

Bank wrongfully refused to pay cashier's check

February 20, 2009
Jennifer Nelson
In an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.
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7th Circuit addresses challenges under the RFARestricted Content

January 12, 2009
Jennifer Nelson
7th Circuit adresses for the first time who could bring a challenge to a regulatory flexibility analysis or certification under the Regulatory Flexibility Act.
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Parties can't pick certain provisions to enforce

December 29, 2008
Jennifer Nelson
The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
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Appellate court rules on GAL feesRestricted Content

December 23, 2008
Michael HoskinsMore

COA: Warrant didn't need to be admitted

December 22, 2008
Rebecca Berfanger
In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.
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Judges disagree on trust jurisdiction issue

December 11, 2008
Jennifer Nelson
In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.
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Court tackles 2 first-impression issues

December 9, 2008
Jennifer Nelson
The Indiana Supreme Court ruled on a case today in which there were two issues of first impression, finding consolidation of a trial with a preliminary injunction hearing without notice isn't a reversible error unless a showing of prejudice can be made.
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No partial parental right termination allowed

October 31, 2008
Michael Hoskins
Indiana law doesn't allow for partial termination of parental rights, the state's Court of Appeals has ruled in a case of first impression.
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Economic presence meets taxing requirement

October 21, 2008
Jennifer Nelson
In a matter of first impression, the Indiana Tax Court has ruled that a bank didn't need to have a physical presence in the state to be subject to Indiana's Financial Institutions Tax.
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Special judge invalidates local impact fee

October 21, 2008
Michael Hoskins
In the first court decision of its kind in Indiana, a special judge has invalidated Zionsville's parks impact fee because it violates state statute.
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Transfer granted in write-offs case

October 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer yesterday to a case of first impression involving write-offs and insurance benefits.
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Transfer granted to school financing case

September 29, 2008
IL Staff
The Indiana Supreme Court granted transfer last week to a case of first impression involving the courts' authority to review the state's school financing formula.
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Decomposition cleanup subject to lien law

September 22, 2008
Michael Hoskins
A decomposing body left in a Johnson County home has led the Indiana Court of Appeals to analyze the state mechanic's lien statute.
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COA: Gun test-firing not an unlawful search

September 19, 2008
Michael Hoskins
Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.
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Court: Evidence shows car was a gift

September 18, 2008
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals agreed with the trial court that a husband gave his wife a car as a gift, despite registering the title in both his name and his wife's name.
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7th Circuit won't rehear in vitro caseRestricted Content

August 22, 2008
Michael Hoskins
The full 7th Circuit Court of Appeals won't rehear a case of first impression involving an Indiana woman's claim that she was wrongfully fired for taking time off for in vitro fertilization, and attorneys haven't decided whether to seek further review by the U.S. Supreme Court.
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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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7th Circuit rules on multiplicitous convictionsRestricted Content

November 21, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals encountered for the first time the issue of whether a single incident of firearm possession can support multiple convictions under United States Code when the defendant is included in more than one class of people who are disqualified under the statute from possessing firearms.
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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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