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7th Circuit orders judge to reconsider sentence

January 8, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.
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Dickson State of Judiciary set

January 8, 2014
IL Staff
Indiana Chief Justice Brent Dickson will deliver his second State of the Judiciary address to the General Assembly next week.
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Small law firm acquisitions drive record year in mergers

January 8, 2014
Jennifer Nelson
Law firm combinations were up 47 percent in 2013, which is the highest number of combinations recorded in the seven years that Altman Weil MergerLine has been compiling data, the organization announced Wednesday.
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Indy attorney, developer Page files bankruptcy

January 8, 2014
Scott Olson
Indianapolis attorney and developer Paul J. Page has filed personal bankruptcy and lists his largest debt as a $6 million guarantee on a downtown Indianapolis condominium project.
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Evansville federal courthouse closed Wednesday

January 8, 2014
IL Staff
The U.S. District Court for the Southern District of Indiana's Evansville Division is closed Wednesday due to a water main break.
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Commission: Suspend Judge Kimberly Brown

January 7, 2014
Dave Stafford
Marion Superior Judge Kimberly Brown circumvented the three-judge panel that heard her disciplinary case with a direct appeal to the Indiana Supreme Court, the presiding judge said in striking her last-minute apology and an affidavit in her support from former Justice Frank Sullivan.
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Justices block gay marriage in Utah

January 7, 2014
Jennifer Nelson
The Supreme Court of the United States issued an order Monday stopping gay marriage in Utah. The justices stayed a permanent injunction that struck down the state’s ban on same-sex marriage.
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NLRB does not challenge ‘poster rule’ decisions

January 7, 2014
IL Staff
With the deadline for filing a petition passed, the National Labor Relations Board appears to have backed away from its so-called “poster rule.”
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State appellate courts to open at 1 p.m.

January 7, 2014
IL Staff
The Indiana Supreme Court, Court of Appeals and Tax Court will open Tuesday at 1 p.m. The delayed start is due to the snow and record low temperatures. The courts were closed Monday.
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Bankruptcy Court in Indianapolis closed Tuesday

January 6, 2014
IL Staff
The U.S. Bankruptcy Court in the Southern District of Indiana in Indianapolis will be closed Tuesday.
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Snow and wind force court, government office closures

January 6, 2014
IL Staff
Bitterly cold winds and heavy snow caused numerous counties to close down their courts and government offices Monday.
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IU prof turns to ADR to encourage public participation in government

January 6, 2014
IL Staff
The laws designed to allow members of the public to have a voice in their government are actually stifling the conversation, according to an Indiana University Bloomington expert.
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Snow-tubing negligence suit may proceed

January 6, 2014
Dave Stafford
Perfect North Slopes in Lawrenceburg must answer a federal negligence lawsuit arising from a snow-tubing accident almost three years ago that resulted in a brain injury for a child who was 10 years old at the time, a judge ruled Friday.
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Appellate courts, state offices delay Monday opening

January 3, 2014
IL Staff
Office hours for Indiana’s appellate courts, staff and related agencies will begin at 10 a.m. Monday due to anticipated inclement weather, the courts announced late Friday.
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Legislators return to Statehouse Monday

January 3, 2014
IL Staff
The Indiana House of Representatives and Senate will reconvene at 1:30 p.m. Monday. Among the bills before the legislators this session are measures making battery against judicial officers a Level 5 or 6 felony instead of a misdemeanor; outlining when juvenile court records may not be confidential, and various probate and trust matters.
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Suit spawns liquor-distribution showdown

January 3, 2014
Scott Olson
Indiana’s largest beer distributor is mounting the latest legal challenge to the state’s arcane, Prohibition-era liquor laws.
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Judges: 11-year-old conviction had little probative value

January 2, 2014
The 7th Circuit Court of Appeals Tuesday affirmed the decision by the District Court in Hammond preventing a defendant from using an 11-year-old conviction to impeach a testifying co-defendant in a wire fraud case.
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Hearing officer recommends 1-year suspension for Ogden

January 2, 2014
Dave Stafford
Indianapolis attorney and blogger Paul Ogden should receive a one-year suspension for email criticisms of a judge, the hearing officer in his disciplinary case has recommended to the Indiana Supreme Court. Ogden shows no sign of relenting in a matter he says is about attorneys’ free speech.
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Shepard to moderate same-sex marriage debate

January 2, 2014
IL Staff
Retired Indiana Chief Justice Randall T. Shepard will moderate a debate at Franklin College Jan. 13 on the issue of same-sex marriage.
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Indiana’s courthouses receive renewed attention ahead of state bicentennial

January 1, 2014
Dave Stafford
Chris Flook has an eye for Indiana’s courthouses and courthouse squares. He’s photographed all 92.
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New Maurer dean to create buzz about school

January 1, 2014
Marilyn Odendahl
Austen Parrish says the Bloomington law school is well-positioned to meet challenges of the future.
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Concerns exist over proposed sentencing bill

January 1, 2014
Marilyn Odendahl
The balance struck between the opposing demands of the prosecutors and public defenders in the proposed criminal sentencing bill may be upended during the 2014 legislative session, which could force Indiana to squeeze hundreds of millions of dollars from the state budget to build a new prison.
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Criminal law committee passes pilot programs, studies

January 1, 2014
Marilyn Odendahl
Four proposals approved during the final meeting of the Criminal Law and Sentencing Policy Study Committee appear headed for consideration during the 2014 session of the Indiana General Assembly.
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Untying the knot yourself

January 1, 2014
Marilyn Odendahl
Couples forgoing legal counsel in divorce risk creating big messes the courts can’t clean up.
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Man loses 2 appeals before Tax Court

December 31, 2013
Jennifer Nelson
A Carroll County man who owns agricultural property containing hog buildings couldn’t convince the Indiana Tax Court that the Indiana Board of Tax Review erred when it rejected four self-prepared analyses he offered as to what value his property should be assessed.
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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