Government

Civil forfeiture defendants file motion to dismiss

April 6, 2016
Marilyn Odendahl
Defendants in a civil forfeiture complaint lodged earlier this year in Marion Superior Court have filed a motion to dismiss on the grounds the plaintiffs and the court lack standing.
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7th Circuit: State immune from FLSA suit

April 6, 2016
Scott Roberts
The 7th Circuit affirmed that Indiana was immune from a Federal Labor Standards Act lawsuit brought by two Department of Child Services Employees. The court said the state did not give consent for the suit, and thus had 11th Amendment immunity under the U.S. Constitution.
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Cost to shield Indiana lawmakers over emails hits $160,000

April 5, 2016
 Associated Press
The legal fight to shield Indiana lawmakers from having to release email correspondence with lobbying groups has cost taxpayers at least $160,000.
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COA dismisses improperly filed preliminary injunction motion

April 5, 2016
Scott Roberts
The Indiana Court of Appeals dismissed a motion for preliminary injunction against the state’s Medicaid Fraud Control Unit filed by Pain Medicine and Rehabilitation Center and Anthony Alexander after it found PMRC’s motion in the trial court was not procedurally correct.
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Panama lawyers at center of offshore scandal make odd couple

April 5, 2016
 Associated Press
The lawyers at the center of an uproar over the hidden financial dealings of the world's wealthy are an odd pairing of a German-born immigrant and a prize-winning Panamanian novelist whose books sometimes mirror the seedy world of politics he's come across in his work.
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How a spy probe wound up as a child pornography prosecution

April 5, 2016
 Associated Press
At issue in the case is how the government uses evidence derived through the Foreign Intelligence Surveillance Court and under what circumstances that information should be made available to defendants, particularly when it winds up repurposed for a routine criminal prosecution that has nothing to do with national security.
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Class-action suit challenges US government's no-fly list

April 5, 2016
 Associated Press
On Tuesday, a Muslim civil rights group filed a class-action lawsuit in federal court in Alexandria on behalf of thousands of Americans who have been placed on the terror watch list. The suit seeks unspecified monetary compensation.
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High school student wants to change Indiana Constitution

April 5, 2016
 Associated Press
As Megan Stoner prepares for high school graduation, she is focused on finding a way to "begin her legacy" by working with legislators to author a bill that would lower the age that people are eligible to run for office from 25 to 21 in the Senate and 21 to 18 in the House of Representatives.
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National group recognizes Indiana for criminal justice reform

April 4, 2016
Marilyn Odendahl
Indiana is getting a little love on social media Monday for efforts in recent years to reform its criminal justice system. The U.S. Justice Action Network is including the Hoosier state in its national campaign “30 States, 30 Days” to prompt Congress to pass legislation reforming the federal justice system.
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Indiana mandates concussion training for public coaches

April 4, 2016
 Associated Press
New Indiana law requires coaches to complete a course on spotting the symptoms of concussions. Coaches who finish the training will be granted civil immunity from being sued for student injuries.
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Major overhaul to city's zoning code takes effect

April 1, 2016
IBJ Staff
The city’s long-awaited update to its decades-old zoning code, known as Indy Rezone, went into effect on Friday.
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Mississippi governor gets bill allowing denial of service to gays

April 1, 2016
 Associated Press
The Mississippi House is sending Republican Gov. Phil Bryant a bill that would let government employees and private businesses cite religious beliefs to deny services to same-sex couples who want to marry.
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Lawsuit: Fort Wayne cleanups violate rights of the homeless

March 31, 2016
 Associated Press
Indiana's second-largest city faces a federal lawsuit alleging that it is violating homeless residents' constitutional rights by destroying tents, coats, blankets and other property seized during sweeps of homeless camps.
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South Bend council votes in favor of expanded smoking ban

March 30, 2016
 Associated Press
The South Bend Common Council has voted in favor of an expanded smoking ban, which may lead to a lawsuit if signed by the mayor.
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States look to provide lawyers for the poor in civil cases

March 30, 2016
 Associated Press
A flood of poor defendants representing themselves — often ineffectively — in dire cases involving eviction, foreclosure, child custody and involuntary commitment has led to a push in legislatures to expand rights to free lawyers in certain civil proceedings.
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US drops Apple case after getting into terrorist’s iPhone

March 29, 2016
 Bloomberg News
The U.S. said it has gained access to the data on an iPhone used by a terrorist and no longer needs Apple Inc.’s assistance, marking an end to a legal clash that was poised to redraw boundaries between personal privacy and national security in the mobile Internet age.
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Garland holding first meeting with Republican senator

March 29, 2016
 Associated Press
Merrick Garland was set to meet Tuesday with Republican Sen. Mark Kirk, marking the U.S. Supreme Court nominee's first courtesy call on a senator whose party leaders have vowed to hold no hearings or vote until a new president is chosen.
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Report: Prosecutors rarely disciplined for misconduct

March 29, 2016
 Associated Press
Prosecutors are rarely held accountable for misconduct and mistakes that have left innocent people imprisoned for crimes they didn't commit, according to report Tuesday by a nonprofit group that investigates possible wrongful convictions.
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Special prosecutor probes donations by Monarch Beverage affiliate

March 29, 2016
Greg Andrews, IBJ Staff
A special prosecutor is investigating whether the big Indiana beer wholesaler Monarch Beverage and an affiliated company broke state law by making more than $1.47 million in campaign donations since 2002.
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Indiana to resume vanity plate program after court battle

March 28, 2016
 Associated Press
Indiana motorists will have the option of getting a personalized vanity license plate for the first time in nearly three years this week when the Bureau of Motor Vehicles resumes the program.
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Donnelly meets with SCOTUS nominee

March 28, 2016
Marilyn Odendahl
As Senate Republicans continue to block President Barack Obama’s pick for the Supreme Court of the United States, Indiana Democratic Senator Joe Donnelly met with the nominee, Judge Merrick Garland, Monday on Capitol Hill.
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State bills to allow fantasy sports could hurt smaller firms

March 28, 2016
Smaller companies in the exploding fantasy sports industry say they could be shut out of doing business in some states by legislation that is actually intended to recognize the games' legality.
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Fired Anderson workers who won lawsuit want city jobs back

March 28, 2016
 Associated Press
Some former Anderson city workers who won a federal lawsuit after they were fired when a new mayor took office want their old jobs back.
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VW buys time to reach agreement in U.S. on diesel cheat fix

March 25, 2016
 Bloomberg News
Volkswagen AG was given four more weeks to reach an agreement with regulators for getting 600,000 diesel vehicles off U.S. roads as it faces hundreds of lawsuits for rigging pollution control systems to cheat emissions tests.
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Staples judge slams FTC on Amazon testimony in merger case

March 25, 2016
 Bloomberg News
A federal judge criticized the U.S. Federal Trade Commission for attempting to elicit false information from an Amazon.com Inc. executive to support its lawsuit to block Staples Inc.’s takeover of rival Office Depot Inc.
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  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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