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Class not certified in suit against lawyer

February 5, 2010
Jennifer Nelson
A federal judge denied a motion for class certification in a suit filed under the Fair Debt Collection Practices Act against an Indianapolis attorney. However, he did suggest the plaintiff file another motion for class certification for two separate groups.
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AG questions constitutionality of health-care bill

February 5, 2010
Michael Hoskins
Not only would federal health-care legislation significantly cost Indiana if passed, the state's Attorney General also believes aspects of the legislation could be constitutionally questioned and possibly overturned by courts.
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General Assembly reaches midpoint

February 5, 2010
Michael Hoskins
At the midway point in this Indiana General Assembly session, dozens of bills died this week when one house didn't vote on them while others moved on for further consideration.
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What the attorney general is watching

February 5, 2010
Jennifer Nelson
The session is about halfway over, but there are still several bills making their way through the General Assembly that the Indiana Attorney General's Office is watching.
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IBA seeks nominations for board vacancy

February 5, 2010
IL Staff
The Indianapolis Bar Association is seeking nominations to fill an immediate vacancy on its board of directors.
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SCOTUS admission applications due Feb. 19

February 5, 2010
IL Staff
Attorneys who'd like to be admitted to practice before the United States Supreme Court have until Feb. 19 to submit their applications to the Indiana State Bar Association.
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Feds indict East Chicago mayor, former official

February 4, 2010
Michael Hoskins
Another East Chicago mayor is now being charged in the federal court for alleged misuse of public money, and defense attorneys say they'll go to trial to fight the charges.
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Indiana woman sues Toyota due to recall

February 4, 2010
Jennifer Nelson
A Hamilton County woman has filed a class action suit against Toyota, alleging fraud and breach of warranties as a result of the recent recall of Toyota vehicles.
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7th Circuit Court: Class action suit isn't moot

February 4, 2010
Jennifer Nelson
A class action lawsuit filed by an inmate at the Tippecanoe County Jail who has since been transferred can proceed through the litigation process to determine if class action certification is proper, the 7th Circuit Court of Appeals concluded today.
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Donations show team pride, help veterans

February 4, 2010
Jennifer Nelson
An Indianapolis attorney and Army reserve major wants Colts fans to put their money where their mouths are to show support for the team and raise money for wounded soldiers.
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COA rules on service of summons issues

February 3, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the servicing parties needed to do more to ensure the recipients actually get notice.
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Economists to debate the financial crisis

February 2, 2010
IL Staff
The Federalist Society for Law and Public Policy Studies student chapter at Indiana University Maurer School of Law - Bloomington will host a debate between two economists on everything from bailouts and stimulus packages to Cash for Clunkers programs.
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Judges affirm finding teen is a CHINS

February 2, 2010
Jennifer Nelson
The Indiana Court of Appeals upheld the finding that a 17-year-old is a child in need of services, ruling that evidence of her drug test wasn't irrelevant and was properly admitted by the trial court.
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Appeals court split on parol evidence issue

February 1, 2010
Jennifer Nelson
Judges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance package would be barred from consideration by the parol evidence rule.
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Judge unsure about ACLU student chapter

February 1, 2010
Michael Hoskins
An Indianapolis-based federal judge wants to know more before he decides whether a student chapter of the American Civil Liberties Union of Indiana has standing to seek class certification in a lawsuit against the Indiana Board of Law Examiners.
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Committees hit deadline for first half of session

January 29, 2010
Michael Hoskins
During the final week of committee hearings before the Indiana General Assembly reaches its midpoint, the legal community watched as many bills died in their current form for lack of a hearing while others remained in play and moved to the full House or Senate for a potential vote.
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COA differs on why no insurer duty to defend

January 29, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges agreed that two insurance companies are entitled to summary judgment, but the judges disagreed as to why the insurers owed no duty to defend.
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Conservation Day highlights energy issues

January 29, 2010
Rebecca Berfanger
A renewable electricity standard and net metering expansion were among the legislative priorities addressed at Conservation Day at the Indiana Statehouse Tuesday.
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Out-of-state placement bill goes to House

January 29, 2010
Michael Hoskins
A legislative committee has given its OK to a bill that would repeal a last-minute 2009 special session provision, which gave the Indiana Department of Child Services key control in deciding whether juveniles can be placed outside the state.
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2 counties join Odyssey CMS

January 29, 2010
IL Staff
Blackford and Huntington counties'; courts and clerks'; offices are the latest to join the Indiana Supreme Court's Odyssey case management system.
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COA to visit high school for arguments Tuesday

January 29, 2010
IL Staff
The Indiana Court of Appeals travels to an Indianapolis high school Tuesday for arguments in case involving a robbery of a pharmacy.
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COA: lawyer-client privilege protects information

January 28, 2010
Jennifer Nelson
A defendant's belief that his right to seek exculpatory evidence trumps the attorney-client privilege is incorrect, the Indiana Court of Appeals ruled today.
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Justices: Agreement was impermissibly modified

January 28, 2010
Jennifer Nelson
A LaPorte Superior judge made an impermissible modification to a divorced couple's settlement agreement by giving the bank's lien on the family farm priority over the ex-wife's lien, the Indiana Supreme Court ruled today.
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7th Circuit affirms permanent injunction

January 28, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld an injunction preventing the application of Indiana's Uniform Consumer Credit Code to an Illinois company because it violates the commerce clause of the U.S. Constitution.
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COA reverses 4 attempted robbery convictions

January 27, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support a reasonable inference that the defendant intended to rob each of the alleged victims.
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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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