Latest News

Dinner to support IU Law - Indy LRAP

February 12, 2009
Rebecca Berfanger
To help students and alumni who want to practice public interest law, even with law school loan debt, a group of Indiana University School of Law - Indianapolis students will host a fundraiser March 7 for the school's loan repayment assistance program endowment.
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Order that law firm pay attorney fees reversed

February 12, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.
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Judges disagree on if remand is necessary

February 11, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed and remanded a trial court's grant of an ex-wife's petition for additional relief for funds, finding the trial court didn't hear evidence on certain "critical" factors. The judges on appeal didn't agree as to whether the case should be remanded.
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Court: ALJ's ruling had several errors

February 11, 2009
Jennifer Mehalik
Finding an administrative law judge's decision to deny a woman's claim for disability benefits contained several significant errors, the 7th Circuit Court of Appeals vacated the District Court's affirmation of the denial and remanded the case to the Social Security Administration.
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Attorneys leaving Bingham to form new firm

February 11, 2009
Michael Hoskins
Seven attorneys are leaving Indianapolis firm Bingham McHale to form a new insurance litigation firm, a move that one of the departing partners said came as a result of high rates and the large firm's practice group effectively pricing itself out of the market.
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Lake County fee bill moves forward

February 10, 2009
Michael Hoskins
The House Judiciary Committee met this morning to consider five bills that included assessing a $10 fee for Lake County court filings, which would be used to fund a consolidated judicial center.
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Court rules on upward sentence revision

February 10, 2009
Jennifer Mehalik
The Indiana Supreme Court held today that appellate courts have the authority to increase a sentence on appeal, but the state can't initiate or cross-appeal review of the sentence and can't ask for a greater sentence if the defendant doesn't initiate an appeal.
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Law school symposium to discuss torture

February 10, 2009
IL Staff
The Valparaiso University School of Law, as part of its annual symposium lecture series, is offering "Torture: Justifiable?" which focuses on whether and under what circumstances torture may be justifiable.
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Judge named chairman of alcohol commission

February 10, 2009
IL Staff
A longtime Wayne County judge has been appointed the new chairman of the Indiana Alcohol and Tobacco Commission.
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Judge allows class action in hail damage suit

February 9, 2009
Jennifer Mehalik
A U.S. District judge is allowing certain State Farm insurance policy holders to proceed in a class action suit against the company as a result of how the insurer handled roof claims following a 2006 hail storm in central Indiana.
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SCOTUS asked to take Indiana wine case

February 9, 2009
Michael Hoskins
The Supreme Court of the United States is being asked to consider the constitutionality of Indiana's wine shipping law, which requires in-person contact before any direct delivery is allowed.
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Courts celebrate Black History Month

February 9, 2009
Rebecca Berfanger
The chair of the Department of Africana Studies and associate professor of history at Notre Dame University will speak to children and the general public in a lecture titled "Forging the Children of the Sun: The Human Spirit and Jim Crow," a Black History Month program Feb. 20 at the Federal Courthouse in Indianapolis.
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Teen court seeks help

February 9, 2009
Rebecca Berfanger
Reach for Youth, a 501(c)3 non-profit organization that oversees teen court programs in Marion and Johnson counties and over 250 teen court volunteers, must raise $15,000 by March 1 to keep afloat.
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Law firm forecast sees declining profits

February 6, 2009
Scott Olson
Declining profits could be on the dockets of many law firms again this year.
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Woman didn't prove she should get new trial

February 6, 2009
Jennifer Nelson
Finding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals today upheld the denial of her petition for post-conviction relief.
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COA rules on negligence claims in library case

February 6, 2009
Jennifer Nelson
he Indiana Court of Appeals affirmed summary judgment today in favor of engineering and construction companies in a lawsuit filed by a central Indiana library, finding the economic-loss doctrine bars the library's negligence claims against the companies.
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Valpo law students help with taxes

February 6, 2009
IL Staff
It's tax time again, and that means Valparaiso University School of Law students are ready to help elderly and low-income taxpayers who need help completing their tax returns.
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Auction to benefit domestic-violence victims

February 5, 2009
Jennifer Mehalik
The Indiana University School of Law - Indianapolis' Women's Caucus is hosting its annual auction Feb. 12 to raise funds for the Protective Order Pro Bono Project. Proceeds from the auction will go to the project, which provides free legal advice for low-income victims of domestic abuse.
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St. Joseph judicial election bill out of committee

February 5, 2009
IL Staff
The bill requiring the non-partisan election of Superior Court judges in St. Joseph County has made it out of committee.
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COA: Statements not made in illegal detention

February 5, 2009
Jennifer Mehalik
The Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while detained, finding he was legally detained because police already had probable cause to arrest him.
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Justices split in granting transfer

February 4, 2009
Jennifer Nelson
The Indiana Supreme Court was split in its decision to deny transfer in a case in which a defendant claimed misconduct by the prosecutor when he read a poem about drugs during voir dire.
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Snow closes Porter, LaPorte courts

February 4, 2009
IL Staff
The Porter and LaPorte county courts were closed today after the area received more than a foot of lake-effect snow. Starke, Pulaski, and St. Joseph counties reported no closings or delays today because of the weather.
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Letter not covered by attorney-client privilege

February 4, 2009
Jennifer Nelson
A Southern District magistrate judge has decided a letter between the city of Madison's mayor and city attorney isn't protected by attorney-client privilege in a civil action seeking damages over strip searches of three women.
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Court: Church program at school should end

February 4, 2009
Michael Hoskins
A church-owned religious education program held on school grounds in Huntington County should be terminated because it violates the Establishment Clause of the First Amendment, a federal magistrate has ruled.
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Man's claims against officers can proceed

February 3, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals reversed summary judgment in favor of police officers in a man's civil suit, finding the man may have Fourth and Fifth Amendment claims against them.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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