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Appeals court affirms breach ruling in truck dispute

June 25, 2012
Dave Stafford
The Indiana Court of Appeals affirmed a Floyd Superior breach of contract ruling for a defendant who made a contract with a purchaser who defaulted after assuming payments on a Freightliner truck.
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SCOTUS rules on immigration case, life sentences for juveniles

June 25, 2012
Jennifer Nelson
The U.S. Supreme Court Monday affirmed in part and reversed in part Arizona’s controversial immigration law. The justices also found that a life sentence without possibility of parole for juveniles violates the Eighth Amendment.
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Judge upholds sex offender ban from Facebook

June 25, 2012
Jennifer Nelson
Indiana’s law banning certain registered sex offenders from using social networking sites that allow minors is not unconstitutional, U.S. District Judge Tanya Walton Pratt ruled Friday.
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COA: Prosecutor had ability to provide use immunity

June 22, 2012
Jennifer Nelson
The Indiana Court of Appeals relied on state Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by providing use immunity. The parents argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.
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Judges affirm teen’s sentence for robbery, conspiracy

June 22, 2012
Jennifer Nelson
An Elkhart teenager convicted in adult court for her role in several armed robberies of gas stations lost her appeal before the Indiana Court of Appeals.
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CNO shareholder loses appeal

June 22, 2012
Jennifer Nelson
A Marion County court didn’t err when it granted insurance holding company CNO board of directors members’ motion to dismiss a shareholder’s lawsuit for failure to make pre-suit demand, the Indiana Court of Appeals concluded.
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Court split on man’s forgery conviction

June 22, 2012
Jennifer Nelson
The Indiana Court of Appeals was divided over whether a man who used another person’s Social Security number and a false identification should have been convicted of forgery under a 2005 amendment to the law.
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Settlement adds $7.2 million for State Fair stage collapse victims

June 22, 2012
Dave Stafford
Two defendants in lawsuits over the Indiana State Fair stage collapse that killed seven and injured dozens have agreed to add $7.2 million to money the state has already distributed or appropriated, Attorney General Greg Zoeller announced Friday.
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Judges order dispute be arbitrated

June 22, 2012
Jennifer Nelson
A complaint filed by a client against financial services companies and a former employee must be arbitrated per an agreement the client signed when opening an IRA account, the Indiana Court of Appeals concluded. The court split over whether one of the companies could compel arbitration.
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Supreme Court affirms death sentence in 2001 rape, murder

June 22, 2012
Dave Stafford
A man whose death sentence and murder and rape convictions previously were reversed on appeal to the Indiana Supreme Court remains condemned after the justices on Thursday affirmed a trial court’s denial of post-conviction relief.
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ACLU of Indiana files proposed class action against BMV

June 22, 2012
Jennifer Nelson
The ACLU of Indiana filed a lawsuit Wednesday in Marion County to require the Indiana Bureau of Motor Vehicles to reinstate a woman’s suspended license. The ACLU of Indiana claims that the BMV randomly selected Lourrinne White from a “Previously Uninsured Motorist Registry” and suspended her license for not having insurance, even though she did not have a working car titled in her name at that time.
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Durham attorney vows to appeal guilty verdict

June 22, 2012
Cory Schouten
An attorney for convicted fraud mastermind Tim Durham vowed Thursday to appeal the case to the U.S. Supreme Court if necessary to prove his client did nothing wrong.
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Justices reverse Tax Court in UPS case

June 21, 2012
Jennifer Nelson
The Indiana Supreme Court found that two reinsurance companies of the United Parcel Service are foreign companies that don’t do business within Indiana, so they aren’t exempt from Indiana adjusted gross income tax.
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COA: Don’t include sales tax in forfeiture calculation

June 21, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled Thursday that a trial court erred in adding sales tax to the value of goods stolen, which allowed the state to seize the car used by the thief.
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SCOTUS rules on FCC case, still no health care decision

June 21, 2012
Jennifer Nelson
The highly anticipated decision by the United States Supreme Court on health care will come another day. The justices released four opinions Thursday, which did not include the challenges to the health care law. They did decide the case before them involving the Federal Communications Commission.
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Durham found guilty on all counts

June 21, 2012
Cory Schouten
A federal jury found attorney and financier Tim Durham guilty Wednesday on all 12 felony counts stemming from what prosecutors charged was a massive Ponzi scheme that cost investors in Ohio-based Fair Finance more than $200 million.
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Supreme Court revises felony sentence

June 20, 2012
Jennifer Nelson
Four Indiana justices decided that a man who pleaded guilty to Class B felony possession of cocaine should have been sentenced to 12 years instead of 20.
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Justices disbar Evansville attorney

June 20, 2012
Jennifer Nelson
The Indiana Supreme Court has disbarred an Evansville attorney who pleaded guilty in 2011 to Class D felony theft for exercising unauthorized control over more than $17,000 that belonged to 24 current or former clients.
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Man loses insanity defense appeal

June 20, 2012
Jennifer Nelson
A Marion County court correctly rejected the insanity defense entered by a man who suffers from bipolar disorder and alcoholism in his attempted murder bench trial, the Indiana Supreme Court ruled.
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Zionsville wins in appeal of zoning dispute with airport authority

June 20, 2012
Jennifer Nelson
The portion of Indiana Code that gives an airport authority the power to “fix and determine exclusively the uses” to which airport land may be put does not give the Hamilton County Airport Authority complete zoning jurisdiction over an airport it owns in Boone County, the Indiana Court of Appeals concluded.
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Judges uphold college student's rape conviction

June 20, 2012
Jennifer Nelson
The man charged with raping a fellow Vincennes University student following a night of drinking had his conviction affirmed by the Indiana Court of Appeals.
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Tax Court rules couple responsible for untimely filing of record

June 20, 2012
Jennifer Nelson
The Indiana Tax Court found it was a couple’s inaction – not the illness and death of a relative – that caused them to miss the deadline to file the certified administrative record with the court.
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Indiana Supreme Court rejects murderer's appeal over juror

June 20, 2012
Dave Stafford
A woman sentenced to 55 years in prison for her role in a 2010 murder lost an appeal to the Indiana Supreme Court on Tuesday.
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Indianapolis prevails in US high court on sewer tax case; residents, attorneys stung

June 20, 2012
Dave Stafford
Thirty-one Indianapolis property owners who paid as much as 30 times more than their neighbors for sewer service got resolution from the U.S. Supreme Court in their lawsuit against the city. They lost.
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Disgraced 'Nose Doctor' keeping lawyers busy

June 20, 2012
Dave Stafford
Dr. Mark Weinberger's silence on 350 medical malpractice claims is providing unique experience for Indiana law firms.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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