Indiana Lawyer Staff

Chilean judge, ambassador visit ND law school

November 13, 2008
IL Staff
The first judge to prosecute former Chilean dictator Augusto Pinochet and an ambassador and special envoy to Sudan will speak at the Notre Dame Law School Friday.
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Absentee ballots challenged in Marion County

October 31, 2008
Jennifer Nelson
Republicans in Indiana are challenging early votes again, only this time Marion County absentee ballots are being questioned.
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Wrongfully convicted man to speak at IU-Indy

October 30, 2008
IL Staff
An advocate for legal reform who was wrongfully convicted of capital murder will visit Indiana University School of Law - Indianapolis to give a lecture based on his new book.
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Indiana's legal aid in economic trouble?

October 29, 2008
Rebecca Berfanger
With a legal aid agency closing in Fort Wayne, what's ahead for other legal aid providers in Indiana?
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1st pro bono appeals program case gets transfer

October 17, 2008
Jennifer Nelson
The Indiana Supreme Court granted has granted transfer to two cases, including the first case from the Indiana State Bar Association's pro bono appellate program.
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Lawyer advertising spurs State Bar survey plan

October 15, 2008
Michael Hoskins
Hoosiers will soon be asked whether "ambulance chasing" attorneys should have to wait 30 days after an accident or injury before directly contacting potential clients by mail.
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7th Circuit: taxpayer suit for restitution is moot

October 14, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the District Court's dismissal of a taxpayer suit against the secretary of the U.S. Department of Education as moot, finding the taxpayers didn't have standing to sue for violations of the Establishment Clause based on a ruling from the U.S. Supreme Court.
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7th Circuit: Man failed to show sexual harassment

October 10, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a District Court's ruling in favor a man on his retaliation claim under Title VII of the Civil Rights Act, finding the man didn't believe his supervisor's advances and threats were illegal.
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4.4 million Hoosiers registered to vote

October 3, 2008
IL Staff
ccording to the Indiana Secretary of State's Web site, Indiana has nearly 4.4 million registered voters, based on information last updated Sept. 27.
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7th Circuit panel visits Indy law school

September 24, 2008
Michael Hoskins
A 7th Circuit Court of Appeals panel converged on the Indiana University School of Law - Indianapolis campus Tuesday to hear three appellate arguments in its' first visit in more than a decade.
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7th Circuit to hear arguments at law school

September 22, 2008
IL Staff
The 7th Circuit Court of Appeals travels Tuesday to hear arguments at Indiana University School of Law - Indianapolis.
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9th Circuit upholds Arizona immigration law

September 18, 2008
Michael Hoskins
Indiana lawmakers who want to pass legislation targeting employers who knowingly hire illegal immigrants got ammunition from a federal appellate court ruling in California.
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7th Circuit upholds jury award reduction

September 9, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a District Court's grant of a motion for judgment as a matter of law on a breach of contract claim, finding a previously granted jury award of damages was based on speculation.
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ACLU panel to discuss sex ed in school

September 2, 2008
IL Staff
The ACLU of Indiana's First Wednesday lunchtime discussions for the fall season kicks off tomorrow with the topic of "Sex Ed: What Should Schools be Teaching?"
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7th Circuit won't rehear in vitro case

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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7th Circuit affirms, reverses wine ruling

August 8, 2008
Michael Hoskins
The 7th Circuit Court of Appeals has recognized Indiana's interest in keeping wine out of minors' hands, ruling that Hoosiers who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age before being allowed to make the purchase.
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'Merchant of Venice' performance Saturday

July 31, 2008
IL Staff
The Heartland Actors' Repertory Theatre will perform William Shakespeare's "The Merchant of Venice" Aug. 2 outside in downtown Indianapolis. The play, which is free, includes a famous courtroom scene.
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Editorial: State should avoid selection slugfests

July 23, 2008
Editorial Indiana Lawyer
We'd like to see the average voter know more about our appellate courts.
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Committee gets feedback on child support rules

July 18, 2008
Michael Hoskins
Creative suggestions came from a public hearing today about how to modify Indiana's child support rules and guidelines.
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7th Circuit rules on FMLA case

July 14, 2008
Michael Hoskins
The 7th Circuit Court of Appeals has reversed a medical-leave decision from an Indianapolis judge who's since joined that appellate bench.
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2 Supreme Court arguments Thursday

July 7, 2008
IL Staff
The Indiana Supreme Court will hear two arguments Thursday, including a death penalty appeal by a man whose appeal has already once been denied by the justices.
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7th Circuit upholds antitrust suit dismissal

June 23, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a decision by a U.S. District Court in Indiana which threw out a case involving Marathon Petroleum Company and its dealers because the dealers couldn't prove the company violated the Sherman Act.
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Worker's comp claim bars med mal complaint

June 18, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a hospital's motion to dismiss a medical malpractice complaint because the claimant, who was employed by the hospital and on duty at the time of the injury, could only file a complaint against the employer under the Worker's Compensation Act.
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Administrative remedies must be exhausted

June 5, 2008
Jennifer Nelson
Prisoners who file suits for damages before exhausting all administrative remedies are not entitled to a jury trial to debate factual issues relating to the exhaustion under the Seventh Amendment, the 7th Circuit Court of Appeals ruled today.
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$1.25 million med mal verdict affirmed

June 3, 2008
Michael Hoskins
The Indiana Court of Appeals has upheld a $1.25 million jury verdict and in doing so ruled on three issues of first impression that will likely impact future medical malpractice suits.
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  1. Living in South Bend, I travel to Michigan a lot. Virtually every gas station sells cold beer there. Many sell the hard stuff too. Doesn't seem to be a big deal there.

  2. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  3. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

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