Government

Judges affirm dismissal for lack of subject matter jurisdiction

February 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision by a trial court to dismiss a company’s state law claims against a labor union, finding those claims are preempted by a decision of the National Labor Relations Board.
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Law professor tapped to tackle vacant property issues

February 29, 2012
IL Staff
Notre Dame Law School professor James Kelly will co-chair a task force with South Bend Mayor Pete Buttigieg that will look at ways to address the problems created by the city’s vacant and abandoned properties.
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COA: agency's claim for Medicaid reimbursement allowed

February 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has found that a trial court erred in concluding that the Family and Social Services Administration’s preferred claim for reimbursement of Medicaid benefits against an estate was not timely filed.
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Disclosing environmental violations

February 29, 2012
Case involving a pork producer was first test of law enacted in 2009.
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CFOs, CAFOs in the spotlight

February 29, 2012
IL Staff
An update on Indiana laws and legislation involving confined feeding operations and confined animal feeding operations.
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Bankruptcy discharge pushed for school debt

February 29, 2012
Jenny Montgomery
Delinquent borrowers may be relieved to learn that student loan default – unlike espionage and treason – is not punishable by death. But defaulting on a student loan can have disastrous effects on a borrower’s personal credit and lead to a lifetime of financial difficulties.
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Poor economy, other factors leading to new economic crisis

February 29, 2012
Jenny Montgomery
Rising tuition, combined with a long recession where many people have had difficulty finding work, means more students are relying on student loans. In 2011, overall student borrowing surpassed $1 trillion for the first time.
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Weddings promote heart health

February 29, 2012
IL Staff
For the sixth consecutive year, the Marion County clerk’s office was transformed into a wedding chapel on Valentine’s Day, and Clerk Beth White performed civil marriage ceremonies to raise money for the American Heart Association’s “Go Red for Women” campaign.
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IU Maurer professors to discuss affirmative action case

February 24, 2012
IL Staff
A panel of Indiana University constitutional law experts will discuss the implications of the United States Supreme Court's recent decision to hear Fisher v. Texas, a case challenging the University of Texas' affirmative action program.
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COA upholds judgment in favor of employer in wrongful termination suit

February 21, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.
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Guardianship, power of attorney bills on 3rd reading

February 20, 2012
IL Staff
A bill that would prevent the termination of the guardianship of an incapacitated minor once the minor turns 18 and legislation that allows a copy of a power of attorney to have the same effect as the original are before the Indiana House of Representatives on third reading Monday.
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Grant will bring awareness to civil rights laws

February 20, 2012
IL Staff
The Indiana Civil Rights Commission has received a $250,000 grant from the U.S. Department for Housing and Urban Development to increase public awareness of fair housing rights and responsibilities.
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Justices slash amount non-merit state employees can get in back pay

February 16, 2012
Jennifer Nelson
The Indiana Supreme Court has adjusted the time frame for which state non-merit employees who sued for back pay may be able to recover funds. Instead of the period going back some 20 years, the justices decided the non-merit employee’s time period should be the same as merit employees.
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Zoeller to serve on national financial fraud task force

February 15, 2012
IL Staff
Indiana Attorney General Greg Zoeller is one of three state attorneys general selected to serve on a consumer protection working group aimed at combating financial fraud.
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Dollars for donors

February 15, 2012
Jenny Montgomery
9th Circuit Court of Appeals decision raises concerns about bone marrow donation.
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Justices dissent on denying transfer in wage payment case

February 14, 2012
Michael Hoskins
Two Indiana Supreme Court justices disagreed with their colleagues about not taking a case on the state’s wage payment statute, issuing dissent that described how they believe the justices should clear up perceived uncertainty about whether the law can be applied to certain claims before the Indiana Department of Labor.
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Justices rule governor doesn't have to testify in IBM case

February 14, 2012
Michael Hoskins
On the same day it heard arguments, the Indiana Supreme Court reversed a Marion Superior judge’s ruling and held that Gov. Mitch Daniels does not have to testify or be deposed in an ongoing lawsuit over the cancelled contract to modernize the state’s welfare system.
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On rehearing, COA affirms original opinion

February 14, 2012
Jenny Montgomery
On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.
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Justices take environmental, land rights appeals

February 13, 2012
Michael Hoskins
The Indiana Supreme Court accepted two civil cases last week on transfer, in addition to the two-high profile appeals involving legislative fines against lawmakers and Secretary of State Charlie White.
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AG's office, state bar partner for statewide food drive

February 13, 2012
IL Staff
Attorney General Greg Zoeller, the Indiana State Bar Association and Feeding Indiana’s Hungry have announced details of the fourth annual March Against Hunger food drive.
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Indiana to be included in national robo-signing settlement

February 10, 2012
IL Staff
Indiana Attorney General Greg Zoeller announced Thursday that Indiana would be one of 49 states benefitting from the federal government's settlement with five major mortgage lending banks and servicing institutions.
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Cameras in SCOTUS bill referred to full Senate

February 10, 2012
IL Staff
The U.S. Senate Judiciary Committee approved legislation Thursday that will allow cameras in the Supreme Court of the United States. The measure, S.1945, was approved by an 11-7 vote.
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7th Circuit affirms inmate has no property interest in fund

February 9, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the decision in the Northern District of Indiana that an inmate has no property interest in prison recreation funds.
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Marion County clerk to marry couples Feb. 14

February 9, 2012
IL Staff
For the sixth year in a row, Marion County Clerk Beth White will perform civil marriage ceremonies on Valentine’s Day to raise money for the American Heart Association’s Go Red for Women campaign.
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High court to hear legislative fines appeal

February 8, 2012
Jennifer Nelson
The Indiana Supreme Court has taken the appeal of a Marion County judge’s decision that ordered Democratic members of the Indiana House be refunded the money withheld from their paychecks due to a walkout in 2011.
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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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