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Snow impacting Indiana nomination hearings

February 10, 2010
Michael Hoskins
If snow doesn't get in the way, the U.S. Senate Judiciary Committee may discuss on Thursday morning three Indiana federal judicial nominees and the long-delayed nomination of a Bloomington law professor for the Department of Justice.
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Conference examines Milosevic trial

February 10, 2010
IL Staff
A conference at Indiana University Maurer School of Law - Bloomington will dissect the Slobodan Milosevic trial and determine its impact on international criminal law.
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Prosecutor files answer to disciplinary charges

February 10, 2010
Jennifer Nelson
Delaware County Prosecutor Mark McKinney has responded to the disciplinary charges he faces in connection to his role as a private attorney on civil forfeiture matters related to the criminal defendants he handled as a deputy prosecutor and prosecutor on behalf of the state, saying his representation of the state wasn't limited by his financial interest in forfeiture actions.
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Law, business students partner to help with taxes

February 9, 2010
IL Staff
Students from Indiana University's Maurer School of Law and Kelley School of Business are teaming up to offer free tax assistance to low-income, elderly, disabled, and limited English-speaking residents.
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Majority affirms conviction despite no witnesses

February 9, 2010
Jennifer Nelson
An appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.
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Auction benefits domestic violence victims

February 9, 2010
IL Staff
The Women's Law Caucus at Indiana University Maurer School of Law - Bloomington has raised $11,000 for two local organizations working with victims of domestic violence.
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Judges reverse theft conviction

February 9, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.
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Circuit Court rules on first impression issueRestricted Content

February 9, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals resolved an issue of first impression today: what is needed to be deemed "adequate writing" under the Telecommunications Act of 1996.
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COA split on whether company can repurchase stock

February 8, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed as to whether a company's attempt to exercise its option to repurchase stock had occurred in a timely manner under a shareholders' agreement.
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Law students help with tax issues

February 8, 2010
Rebecca BerfangerMore

Economic debate rescheduled

February 8, 2010
IL Staff
An event scheduled for today in Bloomington has been postponed. A debate between two economists, sponsored by the Federalist Society for Law and Public Policy Studies student chapter at Indiana University Maurer School of Law - Bloomington, has been moved to Feb. 22 due to weather-related airport issues in Washington, D.C.
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Class not certified in suit against lawyer

February 5, 2010
Jennifer Nelson
A federal judge denied a motion for class certification in a suit filed under the Fair Debt Collection Practices Act against an Indianapolis attorney. However, he did suggest the plaintiff file another motion for class certification for two separate groups.
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AG questions constitutionality of health-care bill

February 5, 2010
Michael Hoskins
Not only would federal health-care legislation significantly cost Indiana if passed, the state's Attorney General also believes aspects of the legislation could be constitutionally questioned and possibly overturned by courts.
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General Assembly reaches midpoint

February 5, 2010
Michael Hoskins
At the midway point in this Indiana General Assembly session, dozens of bills died this week when one house didn't vote on them while others moved on for further consideration.
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What the attorney general is watching

February 5, 2010
Jennifer Nelson
The session is about halfway over, but there are still several bills making their way through the General Assembly that the Indiana Attorney General's Office is watching.
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IBA seeks nominations for board vacancy

February 5, 2010
IL Staff
The Indianapolis Bar Association is seeking nominations to fill an immediate vacancy on its board of directors.
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SCOTUS admission applications due Feb. 19

February 5, 2010
IL Staff
Attorneys who'd like to be admitted to practice before the United States Supreme Court have until Feb. 19 to submit their applications to the Indiana State Bar Association.
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Feds indict East Chicago mayor, former official

February 4, 2010
Michael Hoskins
Another East Chicago mayor is now being charged in the federal court for alleged misuse of public money, and defense attorneys say they'll go to trial to fight the charges.
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Indiana woman sues Toyota due to recall

February 4, 2010
Jennifer Nelson
A Hamilton County woman has filed a class action suit against Toyota, alleging fraud and breach of warranties as a result of the recent recall of Toyota vehicles.
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7th Circuit Court: Class action suit isn't mootRestricted Content

February 4, 2010
Jennifer Nelson
A class action lawsuit filed by an inmate at the Tippecanoe County Jail who has since been transferred can proceed through the litigation process to determine if class action certification is proper, the 7th Circuit Court of Appeals concluded today.
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Donations show team pride, help veterans

February 4, 2010
Jennifer Nelson
An Indianapolis attorney and Army reserve major wants Colts fans to put their money where their mouths are to show support for the team and raise money for wounded soldiers.
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COA rules on service of summons issues

February 3, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the servicing parties needed to do more to ensure the recipients actually get notice.
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Economists to debate the financial crisis

February 2, 2010
IL Staff
The Federalist Society for Law and Public Policy Studies student chapter at Indiana University Maurer School of Law - Bloomington will host a debate between two economists on everything from bailouts and stimulus packages to Cash for Clunkers programs.
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Judges affirm finding teen is a CHINS

February 2, 2010
Jennifer Nelson
The Indiana Court of Appeals upheld the finding that a 17-year-old is a child in need of services, ruling that evidence of her drug test wasn't irrelevant and was properly admitted by the trial court.
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Appeals court split on parol evidence issue

February 1, 2010
Jennifer Nelson
Judges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance package would be barred from consideration by the parol evidence rule.
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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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