Latest News

Man still fighting dismissal of bar exam suit

March 3, 2011
Michael Hoskins
The man who sued the Indiana Supreme Court and state Board of Law Examiners because he wants to take the bar exam without going to law school wants a federal judge to reopen his case, arguing that he has no other legal recourse available and the court’s refusal to allow relief is contrary to established precedent.
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Judges uphold IATC’s issuance of alcohol dealer permits

March 3, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.
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Attorney General’s food drive competition begins March 14

March 3, 2011
IL Staff
The third annual March Against Hunger food drive challenge among law firms and lawyers around the state kicks off March 14. The Indiana Attorney General’s Office is teaming up again with the Indiana State Bar Association and Feeding Indiana’s Hungry to encourage the legal community help needy Hoosiers.
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Investiture set for new tax judge

March 2, 2011
IL Staff
Indiana Tax Court Judge Martha Blood Wentworth’s formal robing ceremony will be held at 10:30 a.m. March 8 in the Indiana Supreme Court courtroom. Judge Thomas Fisher will preside over the ceremony.
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Porter County can't leave RDA

March 2, 2011
Jennifer Nelson
A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.
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Competitor lacks standing for judicial review

March 2, 2011
Jennifer Nelson
A trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.
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COA adopts common-sense rule on providing insurance policies

March 1, 2011
Michael Hoskins
The Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
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7th Circuit seeks comment on e-filing rule changes

March 1, 2011
Michael Hoskins
The 7th Circuit Court of Appeals is revising its rules to require initial electronic filing of all documents, and the federal appellate court is taking public comment for the next three weeks.
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Bankruptcy filings ease slightly in Indiana

March 1, 2011
Scott Olson
Total bankruptcy filings in the Southern District of Indiana ticked down last year. Business bankruptcies in Indiana dropped 3.2 percent.
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Indianapolis attorney chosen as new magistrate judge

March 1, 2011
Michael Hoskins
An Indianapolis employment law attorney has been chosen as the newest U.S. magistrate judge for the Southern District of Indiana.
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First impression case tackles wetlands issue

February 28, 2011
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
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Defense attorney's arranged drug buy illegal

February 28, 2011
Jennifer Nelson
The Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same legal footing” as prosecutors or police in planning controlled buys.
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High court takes 4 cases

February 28, 2011
IL Staff
The Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on the day they granted transfer.
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Governor appoints 3 judges

February 28, 2011
IL Staff
Gov. Mitch Daniels made three judicial appointments, filling vacancies in Howard, Jay, and Wells county courts.
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First Wednesdays return with immigration discussion

February 28, 2011
IL Staff
The American Civil Liberties Union of Indiana’s First Wednesday discussion series has returned. It kicks off March 2 with the panel discussion “Immigration: The Good, the Bad, and The Ugly.”
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COA orders a new child support order

February 25, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a father’s petition to modify child support. The judges held he didn’t waive his argument for modification because he made a prima facie showing he qualified for a modification under one subsection of the statute, even though he argued before the trial court that he qualified based on the other subsection.
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Walkout creates uncertainty in House

February 25, 2011
Jennifer Nelson
It’s been a controversial week at the Indiana General Assembly with the walkout by many Democrats in the House of Representatives killing several bills in their current forms as legislative deadlines hit.
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High court seeks comment on foreclosure practices

February 25, 2011
IL Staff
The Indiana Supreme Court is accepting comments from the public on the proposed “Mortgage Foreclosure Best Practices” guidelines.
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Barnes & Thornburg opens Los Angeles office

February 25, 2011
Jennifer Nelson
Indianapolis-based Barnes & Thornburg has expanded again, this time to the West Coast. A Los Angeles, Calif., office opened today with six attorneys from Akin Gump Strauss Hauer & Feld.
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Court divided on purchase agreement termination

February 24, 2011
Jennifer Nelson
The judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
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COA: Summons should notify of risk of default judgment

February 24, 2011
Jennifer Nelson
Due process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution, ruling it was void because the summons served on the wife was insufficient.
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Judges analyze 'use' of body armor for first time

February 24, 2011
Jennifer Nelson
The Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s appeal of his convictions following his attempt to flee from police.
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Justices accept certified question on misdemeanor voting

February 24, 2011
Jennifer Nelson
The Indiana Supreme Court has taken a question proposed by a federal court in a suit challenging the law that prevents voting by people with misdemeanor convictions.
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Race for LACE to benefit Kenya legal aid clinic

February 23, 2011
Rebecca Berfanger
Following the success of last year’s Race for LACE to support the Legal Aid Centre of Eldoret, Kenya, organizers are seeking participants for this year’s event that coincides with the 5K race held with the OneAmerica 500 Festival Mini-Marathon on May 7.
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COA divided on noncompete agreement, injunction

February 23, 2011
Jennifer Nelson
Even though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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