Indiana Lawyer Staff

Family courts for pro se parentsRestricted Content

March 3, 2010
Rebecca Berfanger
While family courts have been around in Indiana for the last decade, the counties that have them continue to make changes to improve access to justice to all litigants who are in the system.
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Longtime labor law attorney elected managing shareholder for national firmRestricted Content

March 3, 2010
Michael Hoskins
Kim Ebert isn't afraid of hard work. While he's been practicing labor and employment law for more than three decades, the Indianapolis attorney has a work ethic formed long before his legal career began.
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Lawyer takes leading role for a city, county

March 3, 2010
Michael Hoskins
You might describe attorney Chris W. Cotterill as a rising star in the Hoosier legal community.
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Justice honored for commitment to diversity

March 2, 2010
IL Staff
Indiana Supreme Court Justice Frank Sullivan Jr. will be honored with an American Bar Association Section of Litigation's 2010 Diversity Leadership Award next month. The award honors those who have demonstrated a commitment to promoting diversity in the legal profession.
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Workshop examines foster care

February 24, 2010
IL Staff
Child Advocates and the Marion Superior Court's Juvenile Division are hosting a workshop this week in Indianapolis to examine why more African-American children are in the county's foster care than other races.
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7th Circuit: Officer entitled to qualified immunityRestricted Content

February 24, 2010
Jennifer Nelson
Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause determination to arrest them.
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7th Circuit: amendment applies to all mortgagesRestricted Content

February 22, 2010
Jennifer Nelson
A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.
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Indiana joins Asian carp lawsuit

February 22, 2010
IL Staff
The Indiana Attorney General is joining in the legal dispute over Asian carp in Lake Michigan. Attorney General Greg Zoeller filed an amicus brief on Friday in the lawsuit with the United States Supreme Court in Michigan's lawsuit against Illinois and the U.S. Army Corps of Engineers.
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Judges split on endangerment issueRestricted Content

February 19, 2010
Jennifer Nelson
The Indiana Court of Appeals found the state proved a defendant had driven drunk, but the judges disagreed as to whether the state showed the man had endangered others with his driving.
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Pregnant teller's shooter sentencedRestricted Content

February 17, 2010
Jennifer Nelson
Brian Kendrick was convicted and sentenced for the 2008 shooting of Indianapolis bank teller Katherin Shuffield, who was nearly six months pregnant with twins at the time.
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Editorial: Deadbeat bill a good idea

February 17, 2010
Editorial Indiana Lawyer
At first glance, the legislation seems like the sort that no one could possibly have an objection to.
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Committee queries federal nomineesRestricted Content

February 17, 2010
Michael Hoskins
The U.S. Senate Judiciary Committee had a chance to ask questions of Indiana's three judicial nominees Feb. 11, and it's now poised to decide whether the full Senate should have a chance to consider them for the federal bench.
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School-focused bill moves to SenateRestricted Content

February 17, 2010
An amended version of House Bill 1193, which came about as a result of a juvenile justice conference in August, passed out of the Senate's Judiciary Committee 6-1 Feb. 10. One major change in the bill approved by the committee was the deletion of the section about training for police officers who deal with juveniles on a regular basis.
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Make net metering, renewable energy an issueRestricted Content

February 17, 2010
Rebecca Berfanger
Energy is one of the major issues environmentalists and lawyers who work with companies concerned about green technology are keeping an eye on during the 2010 Indiana legislative session.
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Legal community supports civic education effortsRestricted Content

February 17, 2010
Rebecca Berfanger
After winning the We The People simulated congressional hearing competition in December, one of the largest first-place teams in Indiana in at least seven years will head to Washington, D.C., for the national competition in late April.
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Lawyers balance public role as legislatorsRestricted Content

February 17, 2010
Michael Hoskins
In his 35 years as a lawyer-legislator, Sen. Richard Bray has thought about whether he should get involved in litigation because of his role as an elected state official. While he doesn't recall this ever affecting his involvement on a case or legislation before him, the veteran attorney from Martinsville, who practices with his son at The Bray Law Office, sees how it could present problems.
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New MCBA president discusses role of minority barRestricted Content

February 17, 2010
Rebecca Berfanger
While the Marion County Bar Association was originally founded in the 1920s as an answer to other bar associations that didn't allow minority members to join, the organization remains relevant as a support system to its members and a voice for minority attorneys in central Indiana.
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Legal communities in Columbus and Madison deal with firesRestricted Content

February 17, 2010
Rebecca Berfanger
Major fires disrupted and displaced attorneys last year in two different cities in southern Indiana. While neither of the original structures are near completion, life is more or less back to normal in Madison and Columbus.
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Judge wins national award for drug court

February 16, 2010
Jennifer Nelson
Noble Superior Judge Michael J. Kramer was nationally recognized for his work as judge of the Noble County Drug Court. Judge Kramer was named an Advocate of the Year at the Community Anti-Drug Coalitions of America's National Leadership Forum in Washington, D.C. He received the award at a luncheon Thursday.
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Circuit Court rules on first impression issueRestricted Content

February 9, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals resolved an issue of first impression today: what is needed to be deemed "adequate writing" under the Telecommunications Act of 1996.
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What the attorney general is watching

February 5, 2010
Jennifer Nelson
The session is about halfway over, but there are still several bills making their way through the General Assembly that the Indiana Attorney General's Office is watching.
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7th Circuit Court: Class action suit isn't mootRestricted Content

February 4, 2010
Jennifer Nelson
A class action lawsuit filed by an inmate at the Tippecanoe County Jail who has since been transferred can proceed through the litigation process to determine if class action certification is proper, the 7th Circuit Court of Appeals concluded today.
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Indiana woman sues Toyota due to recall

February 4, 2010
Jennifer Nelson
A Hamilton County woman has filed a class action suit against Toyota, alleging fraud and breach of warranties as a result of the recent recall of Toyota vehicles.
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Juvenile justice bill passes SenateRestricted Content

February 3, 2010
Rebecca Berfanger
A bill that incorporated suggestions from attendees and organizers of an Indiana State Bar Association-sponsored juvenile justice summit last summer passed the Indiana Senate 45-3 Feb. 18.
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Court considers broadening emotional distress 'Bystander Rule'Restricted Content

February 3, 2010
Rebecca Berfanger
Parties are waiting for the Supreme Court's decision following arguments in November in a case where a trial court granted and the Court of Appeals affirmed an award for emotional distress above and beyond the capped amount in the Adult Wrongful Death Statute as defined by Indiana Code 34-23-1-2.
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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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