Latest News

COA: Mother not liable for death as gun buyer

January 30, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in a negligence claim in favor of a woman whose husband killed her daughter with a gun she purchased for him, finding the designated evidence doesn't show proximate cause.
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Order restricts guns, alcohol in judge's home

January 30, 2009
Jennifer Nelson
Special Judge Walter Chapala issued an order this week requiring all firearms be removed from the home of a LaPorte Superior judge who was shot last month in her home.
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Opinion invites high court to reconsider decision

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound by the high court's previous ruling.
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Prominent Seymour attorney dies

January 29, 2009
IL Staff
A Seymour attorney recognized for his contributions to the community died unexpectedly Jan. 27 during a morning workout.
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COA clarifies unemployment benefits issue

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals used a case before it as an opportunity to clarify how an employee's eligibility for unemployment benefits should be determined when the employee is discharged for attendance issues.
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Law examiners board gets new officers, members

January 29, 2009
IL Staff
The State Board of Law Examiners has new members this year, thanks to two appointments by the Indiana Supreme Court, as well as newly elected officers.
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COA to hear arguments at Indy high school

January 29, 2009
IL Staff
Indiana's Court of Appeals will hear arguments at an Indianapolis high school Friday in a case determining whether a juvenile committed auto theft, a Class D felony if committed by an adult.
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Some Lake civil cases go to random filing

January 28, 2009
Michael Hoskins
Attorneys opening new civil cases in Lake County should note that a new random filing system is being put in place, a plan described as the most extensive use of this in the county's history.
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Trial court couldn't modify man's sentence

January 28, 2009
Jennifer Nelson
Finding the addition of the term "imposed" to an amendment of Indiana Code Section 35-38-1-17(a) in 2005 to be critical in a man's appeal of his sentence, the Indiana Court of Appeals affirmed the denial of his motion to modify his second sentence.
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Snow closes some federal, county courts

January 28, 2009
Michael Hoskins
The foot or more of snow dumped on the southern two-thirds of Indiana hasn't stopped some attorneys from making it to their offices today, but it has closed some courts around the state.
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Judges differ in stipulation matter

January 27, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed on whether a defendant pleaded guilty to the enhancement of his auto theft conviction based on his previous conviction for a similar crime.
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COA: Wife is liable for mortgages

January 27, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
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Counties seeking comment on rule changes

January 27, 2009
IL Staff
Two central Indiana counties are seeking public comment on proposed local rule changes.
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Court sanctions school corporation a third time

January 26, 2009
Jennifer Nelson
A Northern District magistrate judge has issued sanctions for the third time against Gary Community School Corp. for its lack of cooperation in a suit involving a transgender student.
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CLE to discuss art, law

January 26, 2009
IL Staff
The Harrison Center for the Arts in Indianapolis is pairing art and the law Feb. 6 in a new exhibit, "Harrison, Kleeman & Miller." Before the exhibit opens, Rule 1.1 is sponsoring a free CLE on art and law.
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Allen Circuit judge faces misconduct charges

January 26, 2009
Michael Hoskins
The Indiana Commission on Judicial Qualifications filed misconduct charges today against Allen Circuit Judge Thomas Felts, who pleaded guilty last year to drunk driving.
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COA travels to West Lafayette for arguments

January 26, 2009
IL Staff
The Indiana Court of Appeals will visit West Lafayette Tuesday to hear arguments in a case involving a warrantless search of a vehicle.
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Marion County presiding judge named

January 23, 2009
IL Staff
The state's largest county court system has new leadership for the next two years. Marion Superior Judge Robert Altice, a Republican, became presiding judge of the court system for a two-year term.
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Justices: City can proceed with ELA claim

January 23, 2009
Jennifer Nelson
The Indiana Supreme Court held that the city of South Bend's claim under the Environmental Legal Action statute can continue because the statute of limitations hadn't run out.
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Miscarriage an 'act' in intimidation charge

January 22, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge as contemplated by Indiana statute.
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High court rules on landlord-tenant dispute

January 22, 2009
Michael Hoskins
Landlords must refund a security deposit and can't get money back for property damage if they don't adequately or timely notify tenants about those claims, but landlords can still recover unpaid rent and other losses, the Indiana Supreme Court ruled today.
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Court dismisses photograph suit

January 21, 2009
Jennifer Nelson
A man's pro se prisoner suit against the public information officer of a correctional facility and a reporter that he claimed are responsible for his shooting injury was dismissed Tuesday by a U.S. District Court judge.
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Judge's suspension begins Feb. 11

January 21, 2009
Jennifer Nelson
An Allen County judge sanctioned as a result of his conduct in a fellow jurist's courtroom will serve a three-day suspension without pay beginning Feb. 11, the Indiana Supreme Court announced today.
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Lilly must produce files from noose incident

January 21, 2009
Jennifer Nelson
Eli Lilly & Co. must produce documents related to the handling of a noose being found in an area its employees frequent for discovery in a separate suit alleging discrimination in the company.
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Commission admonishes Miami Superior judge

January 20, 2009
Jennifer Nelson
A Miami Superior judge received a public admonition today from the Indiana Commission on Judicial Qualifications for granting an ex parte petition in a child custody case. The commission also noted it has repeatedly addressed this type of violation for years.
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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