Latest News

Vested employer-provided health-insurance premiums are an asset

September 29, 2010
Jennifer Nelson
The Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution. This conclusion led one justice to dissent because it disrupts existing dissolution property division law.
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Supreme Court affirms sexually violent predator status

September 29, 2010
Jennifer Nelson
A man’s challenge to the finding that he is a sexually violent predator failed because the invited error doctrine precludes consideration of his claims on appeal, the Indiana Supreme Court ruled today.
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SCOTUS asked to take both judicial canons appeals

September 29, 2010
Michael Hoskins
A Terre Haute attorney wants the nation’s highest court to review two appellate cases out of Indiana and Wisconsin that uphold judicial canons and pose free speech questions about what judicial candidates can say or do when campaigning for office.
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Justices remand to see if defendant had accurate interpreting

September 29, 2010
Jennifer Nelson
The Indiana Supreme Court ordered the post-conviction court to hold a new hearing for a Mexican man who claimed he didn’t mean to plead guilty to two felonies and did so only because of faulty interpreting in court.
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Judicial candidacy appeal moving quickly

September 29, 2010
Michael Hoskins
The Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial election issue from Lake County, which involves a prospect for the bench being able to stay on the ballot.
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Majority orders new requirement for pro se defendants with little guidance

September 29, 2010
Jennifer Nelson
Three Indiana Supreme Court justices created a new requirement as an exercise of supervisory powers when it comes to informing future defendants about the dangers of proceeding pro se, leaving two justices to dissent because the new requirement provides no guidance as to what trial courts must do or say.
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Boone Circuit Judge Steven David to succeed retiring Justice Theodore R. Boehm

September 29, 2010
Michael Hoskins
Judge Steven H. David said he would have been content staying in his job as Boone Circuit judge for the rest of his legal career. But he took a chance, overcoming an initial doubt that he should apply for an Indiana Supreme Court opening and ultimately rising to the top of 34 attorneys and judges to become the state’s 106th justice.
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Medicaid applicants facing 'tremendous hurdles'?

September 29, 2010
Rebecca Berfanger
When filing a claim for Medicaid disability benefits, the process sounds straightforward: Complete an application that includes all disabilities that would make the case that you deserve the benefits. If your application is deemed sufficient by a Medicaid Medical Review Team, you get the benefits. If not, you receive a one- or two-page letter that includes information about how you can appeal.
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Valparaiso building restored to house Lawyering Skills Center

September 29, 2010
Rebecca Berfanger
The inside of Heritage Hall, named for a music professor and one of the oldest buildings on the campus of Valparaiso University, has been redesigned as the law school’s Lawyering Skills Center and will soon welcome the Valparaiso University School of Law Clinical Program back to its old location.
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Judicial selection process has no formula

September 29, 2010
Michael Hoskins
Selecting a new Indiana Supreme Court member is a transparent process until it reaches the governor, and then the action moves behind closed doors and the legal community is left holding its collective breath until learning who will be the state’s next justice.
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Exclusive: DeLaney speaks about attack, civility

September 29, 2010
Michael Hoskins
If he hadn’t become a lawyer nearly four decades ago, Indianapolis attorney Ed DeLaney knows that choice could have prevented the attack that he believed was going to end his life.
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5 vie for spot on judicial commissions

September 29, 2010
Michael Hoskins
Openings on the Indiana Supreme Court and state Tax Court in recent months have put more focus on the selection process and what goes into choosing appellate jurists, leading to increased interest from the legal community about who has a voice in deciding nomination and other judicial qualifications issues.
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Commission narrows Tax Court applicants

September 29, 2010
Michael Hoskins
The Indiana Tax Court logo symbolizes what will remain the same next year, even though the only person who’s ever presided on that appellate bench will change for the first time since that court was created more than a quarter century ago.
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Juvenile reform continues after '09 summit

September 29, 2010
Rebecca Berfanger
No follow-through. That was a complaint voiced by attendees of last year’s summit to discuss juvenile justice matters in Indiana about many similar conferences they’d attended before: there was no follow-through.
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ISBA Business Law Section helps nonprofits

September 29, 2010
Rebecca Berfanger
While many attorneys may want to do pro bono work, not all of them are comfortable taking on what could end up being a lengthy and possibly complicated family law case, which is the majority of cases the pro bono districts around the state tend to handle.
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Discrimination cases rising

September 29, 2010
Rebecca Berfanger
As people lose their jobs in a rough economy, it’s obvious that unemployment claims go up – and stay up – as it is more difficult to find new work.
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Candidates for Marion County prosecutor debate Wednesday

September 28, 2010
IL Staff
Marion County Republican prosecutor candidate Mark Massa and Democratic candidate Terry Curry will discuss their positions on various topics at a debate tomorrow.
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Court: team-building activity not under insured conditions

September 28, 2010
Elizabeth Brockett
The Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s accident while traveling to an activity outside of the trip’s purpose was not covered.
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Supreme Court will have 18-day gap between justices

September 28, 2010
Michael Hoskins
The Indiana Supreme Court will be missing one of its five members for almost three weeks as its new justice wraps up remaining business on the Boone Circuit Court before taking the appellate bench.
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7 remain in running for Tax Court judge

September 27, 2010
Michael Hoskins
In less than 30 minutes, the Indiana Judicial Nominating Commission cut in half the list of applicants to become the state’s second-ever Indiana Tax Court judge.
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Breaking: Commission names 7 semi-finalists

September 27, 2010
Michael Hoskins
The Indiana Judicial Nominating Commission has selected seven semi-finalists for consideration to become the next Indiana Tax Court judge.
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Commission conducts first Tax Court judge interviews

September 27, 2010
Michael Hoskins
The Indiana Judicial Nominating Commission is interviewing 14 people who’ve applied to be the state’s next Tax Court judge, narrowing down the list to semi-finalists who will return for second interviews in October.
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Legal conclave discusses diversity, stress, ethics

September 27, 2010
Rebecca Berfanger
Among the focuses for this year’s Indiana State Bar Association's fourth Legal Education Conclave conclave, which takes place every few years, were diversity, ethics, and stress among lawyers and law students.
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Supreme Court takes case involving sentencing discrepancy

September 27, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which a defendant challenged his sentence following his guilty plea to Class B felony burglary and admitting to being a habitual offender.
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Indiana co-authors amicus brief in Prop 8 case

September 27, 2010
Jennifer Nelson
Indiana is one of four states that have written an amicus brief asking the 9th Circuit Court of Appeals to overturn a California judge’s ruling that would lift the ban on same-sex marriages.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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