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AG's involvement questioned in prosecutor forfeiture suit

November 24, 2010
Michael Hoskins
The Indiana Attorney General’s Office plans to “zealously defend” 78 prosecutors being sued over civil forfeiture collection practices, meaning the state courts will likely have to analyze not only the merits of that issue but also whether two separate state statutes restrict how Indiana’s top attorney can intervene in this taxpayer-filed qui tam lawsuit.
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Opinion regarding insurance company considers definition of ‘ever’

November 24, 2010
Rebecca Berfanger
An Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever” on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled, or non-renewed.”
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Court didn't err in ordering cash bond

November 24, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s order that the two beneficiaries of a piece of property who objected to the sale of the land must each pay a $100,000 cash bond. The case also gave the appellate court the opportunity to decide the standard of review in this type of challenge.
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Justices order Marion County traffic judge's suspension

November 24, 2010
Michael Hoskins
The Indiana Supreme Court has ordered the 30-day no pay suspension of the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.
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Marion Traffic judge suspended for 30 days

November 24, 2010
Michael Hoskins
The Indiana Supreme Court has suspended Marion County Traffic Judge William E. Young for 30 days.
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Indiana traffic court issues dent judiciary's public perception

November 24, 2010
Michael Hoskins
Two central Indiana traffic court judges are under fire for their conduct and practices in their courtrooms, with one Marion Superior judge facing disciplinary charges after sparking statewide legislative changes and criticism from the Indiana Court of Appeals.
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In case of dishonest lawyers

November 24, 2010
Michael Hoskins
The nearly 50-year-old Indiana State Bar Association Clients’ Financial Assistance Fund has seen an unprecedented number of claims against a single attorney.
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Court programs, economy among focuses of foreclosure conference

November 24, 2010
Rebecca Berfanger
When it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
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Johnsen speaks publicly for first time in 2 yearsRestricted Content

November 24, 2010
Rebecca Berfanger
Two years ago this month, an Indiana University Maurer School of Law professor was named to the transition team of President Barack Obama, not quite knowing where that experience would lead.
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Programs target older foster youth

November 24, 2010
Rebecca Berfanger
For foster youth who are about to age out of the system or have already done so, there often is no support system. That decreases one’s chance of getting a good education and increases the likelihood that the former foster youth will end up homeless or become involved in illegal activity and be arrested after aging out.
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General Assembly ready for new session's business

November 24, 2010
Michael Hoskins
With a new legislative session on the horizon, the Indiana General Assembly is going to be one to watch as it likely tackles a multitude of issues influencing the state’s legal community.
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Indiana law students raise awareness on animal welfare issues

November 24, 2010
Rebecca Berfanger
To learn more about a number of legal concerns that involve animal welfare – whether those issues involve pets, livestock, or even exotic animals – students at Indiana law schools have started organizations affiliated with the national Animal Legal Defense Fund.
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Death and tax uncertainty

November 24, 2010
Michael Hoskins
These days, it feels as though Uncle Sam is laughing at estate planning and wealth transfer attorneys.
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Court tosses use of contempt as way to order debt payment

November 23, 2010
Michael Hoskins
The Indiana Court of Appeals says that a southern county’s local rule permitting the use of contempt powers to enforce civil judgment payments violates the Indiana Constitution.
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Court erred in admitting child's videotaped statement

November 23, 2010
Jennifer Nelson
A trial court improperly allowed a videotaped statement by a victim of child molesting into evidence instead of having the child participate in live direct examination, the Indiana Court of Appeals ruled today in its reversal of a man’s molesting convictions.
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Special judge selection rule amended

November 23, 2010
IL Staff
The Indiana Supreme Court has amended the eligibility section of Indiana Trial Rule 79 regarding special judge selection.
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7th Circuit affirms attorney's fees award under Lanham Act

November 23, 2010
Rebecca Berfanger
Finding a plaintiff’s actions frivolous, the 7th Circuit Court of Appeals today has affirmed a District Court’s grant of attorney’s fees to a company that successfully defended itself after selling lamps to the plaintiff home health care provider. The 7th Circuit also granted the defendant’s motion for fees and costs pursuant to Rule 38 of the appellate rules.
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Judges reverse support modification for lack of jurisdiction

November 22, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”
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Appellate court affirms judgment in coverage dispute

November 22, 2010
Jennifer Nelson
Indiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed insurance contract, the Indiana Court of Appeals held today.
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Reports break down caseloads, costs in Indiana courts

November 22, 2010
IL Staff
It cost nearly $400 million to operate Indiana courts last year, according to new reports released by the Indiana Supreme Court Division on State Court Administration.
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Justices take sex offender case

November 22, 2010
IL Staff
The Indiana Supreme Court granted transfer to a case filed by a convicted felon who refuses to register as a sex offender for life.
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Mendenhall gets 40 years for attack

November 19, 2010
Jennifer Nelson
Augustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today from a Hamilton County judge.
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COA: Summary judgment wrong in foreclosure suit

November 19, 2010
Jennifer Nelson
A mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals ruled today for the first time.
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Judges uphold OWI conviction

November 19, 2010
Jennifer Nelson
The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.
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Chief’s recusal results in split Supreme Court

November 18, 2010
Michael Hoskins
The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.
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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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