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COA orders landowner to comply with local ordinances

May 16, 2017
Olivia Covington
In the third appellate iteration of a case stemming from violations of Indianapolis environmental ordinances, the Indiana Court of Appeals has found a property owner allowed its tenant to violate the ordinances and ordered the owner to bring the property into compliance.
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Car dealer Dreyer & Reinbold facing discrimination suit

May 16, 2017
Indianapolis Business Journal
Luxury automobile dealership Dreyer & Reinbold Inc. is facing a federal trial after being sued for discrimination by a former employee who says she was fired because she suffered a stroke.
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Judge: Alabama may keep execution records secret

May 16, 2017
 Associated Press
Alabama can keep secret its records from recent lethal injections, including documents about an inmate who coughed for the first 13 minutes of the procedure, a judge has ruled.
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Justice Department: School bullying persists, sex assaults up

May 16, 2017
 Associated Press
One in every 5 middle and high school students has complained of being bullied at school and the number of reports of sexual assault on college campuses has more than tripled over the past decade, according to a federal study released Tuesday.
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Conan jokes may have killed, but he stands accused of theft

May 16, 2017
 Associated Press
What do Caitlyn Jenner, Tom Brady and the Washington Monument have in common? They’re all subjects of punchlines Conan O’Brien is accused of ripping off — and that’s no joke. O’Brien lost an effort to toss out a federal copyright infringement lawsuit in San Diego last week, potentially setting up a novel trial over comic creativity and the value of laughter.
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Supreme Court order unlikely to deter voting restrictions

May 16, 2017
 Associated Press
The U.S. Supreme Court’s refusal to breathe new life into North Carolina’s sweeping voter identification law might be just a temporary victory for civil rights groups.
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Indy HeartBeat targets youth violence with $1M federal grant

May 16, 2017
 Associated Press
A new program targeting youth violence and public safety in Indianapolis is set to launch with help from a $1 million grant from the U.S. Justice Department.
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Travel ban judges scrutinize Trump's Muslim statements

May 15, 2017
 Associated Press
Federal judges on Monday peppered a lawyer for President Donald Trump with questions about whether the administration's travel ban discriminates against Muslims and zeroed in on the president's campaign statements, the second time in a week the rhetoric has faced judicial scrutiny.
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IU McKinney to host ‘Salute to Justice Rucker’

May 15, 2017
IL Staff
The Indiana University Robert H. McKinney School of Law will celebrate now-retired Indiana Supreme Court Justice Robert Rucker’s legacy in the Indiana judiciary during a special program at the law school next week.
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COA to hear oral arguments in Bloomington this week

May 15, 2017
IL Staff
The Indiana Court of Appeals is headed to Bloomington this week to hear oral arguments in a case involving a question of duty of care to a construction worker injured while working on an Indiana University construction project.
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Last class graduates from Indiana Tech Law School

May 15, 2017
Marilyn Odendahl
Waiting for graduation ceremonies to begin Saturday morning, Philip Davis summed up his place in the university’s history — at age 60, he is the oldest student who has ever graduated and ever will graduate from Indiana Tech Law School.
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High court backs bids to collect outdated debt in bankruptcy

May 15, 2017
 Bloomberg News
A divided U.S. Supreme Court has ruled that debt collectors can use bankruptcy proceedings to try to collect liabilities that are so old the statute of limitations has expired.
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COA to hear legal malpractice appeal

May 12, 2017
IL Staff
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
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Supreme Court to hear whistleblower case against IDEM

May 12, 2017
IL Staff
A former state employee who claims she was fired for blowing the whistle on questionable payment practices in the Indiana Department of Environment Management will bring her case before the Indiana Supreme Court next week, when she will urge the justices to allow her complaint against the state agency to continue.
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ABA advises ‘reasonable efforts’ to protect client data

May 12, 2017
IL Staff
A new ethics opinion from the American Bar Association is calling on attorneys to make “reasonable efforts” to ensure their electronic attorney-client communications are not subject to inadvertent or unauthorized disclosure.
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Symphony denies wrongdoing by conductor Urbanski, leadership

May 12, 2017
Lindsey Erdody, Indianapolis Business Journal
Indianapolis Symphony Orchestra is defending its conductor and leaders, describing claims of age discrimination and harassment made by a tenured musician as “outlandish” and “baseless.”
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Trump launches commission to investigate voter fraud

May 12, 2017
 Associated Press
President Donald Trump signed an executive order Thursday launching a commission to review alleged voter fraud and voter suppression, building upon his unsubstantiated claims that millions of people voted illegally in the 2016 election.
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Man uses plastic bat to defend son from goose, gets ticket

May 12, 2017
 Associated Press
An Indianapolis man says he shouldn't have been ticketed for using a plastic bat to protect his 4-year-old son from an aggressive Canada goose.
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Anthem abandons battle for Cigna after court deals blow to deal

May 12, 2017
 Bloomberg News
Anthem Inc.’s nearly two-year effort to buy rival insurer Cigna Corp. is officially dead.
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Trump: Comey better hope there are no ‘tapes’ of talks

May 12, 2017
 Associated Press
President Donald Trump, in a warning to his fired FBI director, said Friday that James Comey had better hope there are no “tapes” of their conversations. Trump’s tweet came the morning after he asserted Comey had told him three times that he wasn’t under FBI investigation.
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ACLU slams, prosecutors welcome Sessions' call for tougher charges

May 12, 2017
 Associated Press
The American Civil Liberties Union says Attorney General Jeff Sessions is "repeating a failed experiment" by encouraging prosecutors to pursue tougher charges against most suspects.
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Doctor suspended for sex with patient sues over board minutes

May 12, 2017
John Russell
An Indianapolis doctor whose license was suspended after he admitted to having a five-year sexual relationship with a patient says he has been libeled by the Indiana Medical Licensing Board for how it recorded the matter in its official minutes.
More

7th Circuit allows inmate’s due process claim to continue

May 11, 2017
Olivia Covington
The 7th Circuit Court of Appeals has reversed summary judgment against a federal inmate on his constitutional due process claims, finding that the reviews of his prolonged stay in solitary confinement may not pass constitutional muster.
More

Company must face fired worker’s religion discrimination claim

May 11, 2017
Dave StaffordMore

Rape charge against Indiana man dismissed after DNA testing

May 11, 2017
 Associated Press
An Indiana man won't stand trial for a second time on rape and criminal deviate conduct charges filed a quarter-century ago.
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  1. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  3. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  4. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  5. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

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