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Massa stays in Rockport case despite calls for recusal

August 28, 2013
Dave Stafford
Indiana Supreme Court Justice Mark Massa on Aug. 14 denied a formal motion arguing that he should recuse himself from a pending case concerning a controversial power plant in Rockport. The project is backed by a longtime friend of Massa and former aide to Gov. Mitch Daniels, whose administration championed the project.
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Failure to report

August 28, 2013
Dave Stafford
The arm of the Indiana Supreme Court that enforces rules governing the admission and discipline of lawyers has been in violation of one of those rules for several years.
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Taking flight on terra firma

August 28, 2013
Holly Wheeler
Pilot or farmer, attorney or father, Chris Stevenson wears many hats. The lawyer, who has worked for Wilson Kehoe Winingham LLC for going on 12 years, specializes in injury work, specifically that which is aviation- or farm-related.
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Bodensteiner: Too many lawyers? The problem may be one of ‘allocation’

August 28, 2013
Ivan Bodensteiner
Valparaiso University Law School Interim Dean Ivan Bodensteiner argues that there may not be too many lawyers, but the problem may be one of how those resources are allocated.
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ABA task force sees role for many in helping to fix legal education

August 28, 2013
Marilyn Odendahl
In its review of legal education, a special committee led by retired Indiana Supreme Court Chief Justice Randall Shepard concluded that fixing the problems in law schools will require help from individuals and groups outside the classroom.
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Case illustrates the value of legal-medical partnership

August 28, 2013
Marilyn Odendahl
The impact of the Midtown/Indiana Legal Services Medical Legal Partnership is life-altering for an Indianapolis great-grandmother and grandson.
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Ethanol plant emissions suit may be bound for Indiana Supreme Court

August 28, 2013
Dave Stafford
Indiana’s ethanol industry faces an uncertain regulatory environment and likely more stringent emissions standards after a recent Indiana Court of Appeals ruling. A state agency will ask the Indiana Supreme Court to hear the case, as several corn-to-fuel plant operators also are expected to do.
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Farm smells ignite debate but no consensus reached

August 28, 2013
Marilyn Odendahl
Before dinner can be prepared and served at the table, the food has to be raised on a farm. However, Old MacDonald’s Farm with its placid scenes of pigs and cows is a shrinking segment of American farming, being replaced with large industrial agricultural operations with hundreds and thousands of animals.
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DTCI: Commitment to the rule of law is US’s greatest export

August 28, 2013
Our convoy departed at 0400 in eight up-armored Humvees, two Ford Rangers and a Mahindra jeep. Heading north, we passed Bagram Airbase and began the ascent up into the Hindu-Kush Mountains. The Afghan summer heat had melted the snow that had blocked passage through the Salang Tunnel at roughly 11,000 feet.
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3 things to know about the boundaries of closing arguments

August 28, 2013
Attorneys James Bell and Mike Gaerte discuss the three things that criminal defense attorneys should know about the limits of a prosecutor's closing arguments.
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New planning report form now in use in Northern District

August 28, 2013
John Maley
Effective Aug. 14, the Northern District of Indiana has a new form for the “Report of Parties’ Planning Meeting” that is required to be submitted after the parties’ Rule 26(f) planning conference. This new form is to be used going forward.
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Hammerle On … 'Elysium' and 'Blackfish'

August 28, 2013
Robert Hammerle
In this issue, Bob Hammerle reviews "Elysium" and "Blackfish."
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Daily News 8/24/13

August 28, 2013
IL Staff
The IL Daily delivers legal news to your email inbox. In case you missed it, following is a recap of some of the stories reported online since the last issue of Indiana Lawyer. Subscribe to IL Daily to receive this news as it happens.
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Expired time limit does not prevent estoppel argument, Supreme Court rules

August 27, 2013
Marilyn Odendahl
Citing the reasoning in a dissenting opinion, the Indiana Supreme Court has ruled an injured driver can present his argument of why he should be allowed to file a lawsuit against a government entity even though the time limit has expired.
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Old expungement law applies to dropped charges in plea deal, COA rules

August 27, 2013
Dave Stafford
A man who sought to expunge arrest records for charges that were dismissed in a 2011 plea agreement was denied at the trial court but convinced the Indiana Court of Appeals that access to those records should be restricted.
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Appeals court reverses, finds judgment on pleadings for insurer

August 27, 2013
Dave Stafford
An Orange Circuit Court judge erred when he failed to approve an insurer’s motion for judgment on the pleadings, and the Court of Appeals on Tuesday ordered the case remanded and such a ruling entered.
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State courts post job openings

August 27, 2013
IL Staff
The Indiana Supreme Court Division of Administration on Tuesday posted two job openings.
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Marion Superior judge faces 45 judicial misconduct counts

August 26, 2013
Dave Stafford
Marion Superior criminal court Judge Kimberly Brown faces possible suspension and discipline from the Judicial Qualifications Commission on 45 counts of misconduct.
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Gary Mayor reminds MCBA of history, pushes action

August 26, 2013
Marilyn Odendahl
Gary mayor Karen Freeman-Wilson implored members of the Marion County Bar Association to speak up because the gains made by previous generations of African-Americans are being rolled back.
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Truck owner-operator fee dispute stays in federal court

August 23, 2013
Dave Stafford
A lawsuit claiming that hundreds of tractor-trailer owner-operators may be owed damages of more than $5 million will remain in federal court, the 7th Circuit Court of Appeals ruled Friday.
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State Fair properly stripped champion sheep title, but penalties merit hearing

August 23, 2013
Dave Stafford
The Indiana State Fair Board’s decision to strip a winner of his grand champion sheep prize will stand, but the 4-H’er was entitled to a hearing on penalties, the Indiana Court of Appeals ruled Friday.
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Gov. Pence turns to legal community for board appointments

August 23, 2013
IL Staff
A litigation attorney for the Indiana Department of Child Services, Luke Britt, has been appointed as the Indiana Public Access Counselor.
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7th Circuit reinstates smelly washer class actions

August 23, 2013
Dave Stafford
Two class actions claiming Kenmore washing machines sold at Sears stores were defective were reinstated by the 7th Circuit Court of Appeals on Thursday after certification of the suits was vacated in June by the U.S. Supreme Court.
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Split COA reverses its original decision on rehearing

August 23, 2013
Marilyn Odendahl
Saying “plea agreements should be more artfully drafted,” a split Indiana Court of Appeals affirmed an award of restitution against a Daviess County man whose plea agreement was silent on the matter of restitution.
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‘The State is the State’ and they share the same fate, Supreme Court rules

August 23, 2013
Marilyn Odendahl
The Indiana Department of Correction’s motion to obligate a convicted sex offender to continue registering was blocked by the Indiana Supreme Court on the grounds that “the State is the State.”
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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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