Fort Wayne

Reversal: Expungement petitioner entitled to hearing when prosecutor objects

December 17, 2015
Dave Stafford
A trial court erred in denying a man’s expungement petition on a Class B felony conviction of aiding robbery because the statute requires a hearing when a prosecutor objects, the Indiana Court of Appeals ruled Thursday.
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Fort Wayne businessman’s statements not defamatory per se

December 7, 2015
Jennifer Nelson
The former chancellor of Indiana University-Purdue University Fort Wayne who filed lawsuits after he was required to retire at the age of 65 could not convince the Indiana Court of Appeals that statements in a private letter about him constituted defamation per se.
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Teacher, diocese file motions to dismiss discrimination suit

November 11, 2015
 Associated Press
Both the Roman Catholic Diocese of Fort Wayne-South Bend and a former teacher who was fired after undergoing in vitro fertilization treatments have filed motions to dismiss a lawsuit.
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Future uncertain for Fort Wayne whistleblower

November 9, 2015
A Fort Wayne whistleblower and law school student says his future remains uncertain after his release of videos that show political misconduct in the city's clerk's office.
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IPFW custodian loses appeal of discrimination, retaliation claims

October 26, 2015
Jennifer Nelson
An Indiana University-Purdue University Fort Wayne custodian who was fired for his role in a physical confrontation with another custodian could not convince the Indiana Court of Appeals that his discrimination and retaliation claims should proceed to trial.
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Appeals court weighing lawsuit filed by ex-IPFW chancellor

October 15, 2015
 Associated Press
An attorney for the former top administrator of Indiana University-Purdue University Fort Wayne pressed arguments that a businessman defamed him in a letter shortly before he was forced to retire.
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Attorney: Fort Wayne clerk to resign weeks before election

October 13, 2015
 Associated Press
An attorney for Fort Wayne's longtime city clerk says she will resign weeks before the general election because of health reasons.
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Officer’s internal statement not allowed in criminal trial

October 13, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a Fort Wayne police officer that a statement he gave as part of an internal affairs investigation into his role in a break-in of a foreclosed home should not be allowed at his criminal trial.
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Diocese appeals $403K award to former Fort Wayne teacher

September 10, 2015
 Associated Press
The Roman Catholic Diocese of Fort Wayne-South Bend has appealed a judgment of more than $403,000 to be paid to a former language arts teacher who was fired after seeking several in vitro fertilization treatments.
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Students committed to Indiana Tech

September 9, 2015
Marilyn Odendahl
As Indiana Tech Law School begins its third year, it is welcoming a very small class of first-year students and, anticipating its second attempt at gaining ABA approval will be successful, positioning its third-year students to take the state bar exam.
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Contraception mandate, again, found not to burden religious beliefs

September 4, 2015
Marilyn Odendahl
A split 7th Circuit Court of Appeals has upheld its own precedent, finding a contraception provision does not violate religious freedom. But the ruling drew a sharp, 35-page dissent from one judge.
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COA affirms that petition is not a fishing expedition

September 4, 2015
Marilyn Odendahl
The request to depose three elderly witnesses is not an attempt by a landowner to fish for facts, the Indiana Court of Appeals has ruled.
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Justices take case challenging domestic battery conviction

September 1, 2015
Dave Stafford
A man’s convictions of Level 6 domestic battery and battery for his violent acts during a family reunion at a bowling alley will get a second look from the Indiana Supreme Court.
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Third lawsuit filed in Medical Informatics data hack

August 13, 2015
 Associated Press
A third lawsuit seeking class-action status has been filed against a Fort Wayne-based medical software company over a data breach involving patient information.
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Judge cuts amount diocese must pay ex-teacher to $403,608

August 10, 2015
 Associated Press
A federal judge in Fort Wayne has reduced to $403,608 the amount a Roman Catholic diocese must pay a former northern Indiana teacher who was fired after undergoing fertilization treatment.
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Pawnshop owner not victim of prosecutorial misconduct

August 7, 2015
Marilyn Odendahl
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
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Indiana medical company sued over data breach

August 7, 2015
 Associated Press
Two lawsuits have been filed in federal court in Fort Wayne seeking class-action status on behalf of patients who have had their data compromised by Medical Informatics Engineering.
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Risk to student in school religion case merits concealing mom’s name

August 4, 2015
Dave Stafford
The mother of a Fort Wayne public school student may proceed without identifying herself in a federal lawsuit claiming the second-grader was ostracized and shamed by a teacher because he told a classmate who inquired about his faith that he didn’t believe in God. The mother said identifying herself would disclose her son’s name, subjecting him to further harm and public criticism.
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Lawyer who threatened rape fires back in discipline reply

July 29, 2015
Dave Stafford
A Fort Wayne lawyer who was charged after threatening to rape his opponent in a divorce case admits he was wrong to do that, but he says he shouldn’t be punished by the Indiana Supreme Court Disciplinary Commission because the threat wasn’t literal and he was protecting his client.
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Lawyer who threatened rape fires back in discipline reply

July 15, 2015
Dave Stafford
A Fort Wayne lawyer who was charged after threatening to rape his opponent in a divorce case admits he was wrong to do that, but he says he shouldn’t be punished by the Indiana Supreme Court Disciplinary Commission because the threat wasn’t literal and he was protecting his client.
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Fort Wayne hospital loses Medicaid payment appeal

July 14, 2015
Dave Stafford
Parkview Hospital in Fort Wayne was not wrongly denied $27 million in Medicaid payments it sought from the state when it failed to properly and timely document the claims, the Indiana Court of Appeals affirmed Tuesday.
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Incomplete continuity slip gets conviction vacated

July 13, 2015
Marilyn Odendahl
A Fort Wayne man’s argument that his defense strategy was upended when the government waited until mid-trial to produce a complete chain of custody document convinced the 7th Circuit Court of Appeals to overturn his conviction
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Former St. Joseph County couple may divorce in Hamilton County

June 16, 2015
Dave Stafford
A couple married 45 years who lived in St. Joseph County until the husband moved several months ago may divorce in Hamilton County, where he moved, the Indiana Court of Appeals ruled Tuesday.
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Failure to buckle a seatbelt cannot be used to prove contributory negligence

May 19, 2015
Marilyn Odendahl
The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state's Seatbelt Act may not be used to prove contributory negligence.
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Records: Ex-IPFW chancellor, Purdue settled suit for $52,500

April 15, 2015
 Associated Press
Documents say Purdue University paid $52,500 to a former Fort Wayne campus chancellor in a settlement over an age discrimination lawsuit.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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