Latest News

Insurance presents first-impression issue

October 30, 2009
Jennifer Nelson
The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.
More

YouTube video prejudiced jury

October 30, 2009
Jennifer Nelson
The use of a YouTube video during closing arguments as a demonstrative aid by the state warrants a reversal of a robbery conviction because it may have prejudiced the jury, the Indiana Court of Appeals ruled today.
More

Past NRA president to speak at law schools

October 30, 2009
IL Staff
A former president of the National Rifle Association will visit two Indiana law schools Nov. 3 to discuss the Second Amendment and gun bans.
More

Insurer not allowed to substitute party name

October 29, 2009
Jennifer Nelson
An insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.
More

COA to hear arguments in Valparaiso

October 29, 2009
IL Staff
A panel of Indiana Court of Appeals judges heads north Friday to hear arguments to determine whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in prison after he violated home detention rules.
More

Attorney named to EPA

October 28, 2009
IL Staff
An Indianapolis attorney with years of environmental experience has been appointed by the Environmental Protection Agency director to the agency's Office of Air and Radiation.
More

Former St. Joseph Superior judge dies

October 28, 2009
Jennifer Nelson
Judge William T. Means, a former judge on the St. Joseph Superior Court for more than two decades, died Oct. 21 at the age 80.
More

Judge wins in mandate action

October 28, 2009
Michael Hoskins
A special judge has ruled in favor of St. Joseph Probate Judge Peter Nemeth, who'd issued a judicial mandate earlier this year directing county officials to transfer money for pay raises and improvements for the juvenile justice center.
More

No error in sanctions against state

October 28, 2009
Jennifer Nelson
A trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's discovery violations, the Indiana Court of Appeals concluded today.
More

COA: Insurers have no duty to defend Cinergy

October 28, 2009
Jennifer NelsonMore

Federal judge still won't block Voter ID law

October 28, 2009
Michael Hoskins
A week before some Indiana voters go to the polls, a federal judge in Indianapolis has declined to block the state's voter identification law that's currently in flux following a state appellate court ruling in September.
More

Supreme Court upholds denial of continuance

October 27, 2009
Jennifer Nelson
The majority of justices on the Indiana Supreme Court agreed that the trial court didn't abuse its discretion in denying a married couple's pro se motion to continue after their attorney withdrew six weeks before trial. The dissenting justice argued because of the complexities of the case, the trial court should have granted the couple's motion.
More

COA: Plaintiff class in FSSA suit too broad

October 27, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.
More

Appellate court travels to Vincennes

October 27, 2009
IL Staff
The Indiana Court of Appeals will hear arguments at Vincennes University Thursday in a case that seeks to determine who is responsible to pay costs and expenses related to environmental contamination.
More

House speaker proposes lobbying reforms

October 27, 2009
IL Staff
Indiana Speaker of the House B. Patrick Bauer, D-South Bend, will propose a comprehensive series of ethics reforms in the 2010 legislative session that he said will impact lawmakers, members of the executive branch, and people who do business with the state.
More

Supreme Court grants transfer to OWI case

October 26, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Oct. 22 to a case involving a conviction of operating a motor vehicle while intoxicated.
More

Court history symposium Nov. 6

October 26, 2009
IL Staff
The second annual CLE forum "Court History Symposium: Court History and History in the Making" will feature Elizabeth Monroe, who will discuss federal territorial materials and what they reveal about the early practice of law in Indiana; Indiana Supreme Court Chief Justice Randall T. Shepard; and a judicial roundtable of judges from the Southern District.
More

Student loan repayment program resumes

October 26, 2009
IL Staff
A suspended program that helps attorneys working with civil legal aid organizations repay their student loans has been reinstated thanks to the Indiana Supreme Court.
More

'Prison mailbox rule' applies to direct appeals

October 23, 2009
Jennifer Nelson
The "prison mailbox rule," which the Indiana Court of Appeals had previously determined applies in post-conviction proceedings, also is applicable in direct appeals, the appellate court decided today.
More

COA to hear arguments at school

October 23, 2009
IL Staff
The Indiana Court of Appeals travels to Oxford Tuesday to hear arguments in a drug case.
More

Event to discuss voting issues

October 23, 2009
IL Staff
The Federalist Society for Law and Public Policy Studies student chapter at Indiana University Maurer School of Law - Bloomington is hosting an event Monday to discuss developments in election law since Crawford v. Marion County Election Board.
More

Court erred in judgment, sanctions order

October 22, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals overturned summary judgment in favor of a company on a former employee's suit for disability discrimination, finding there is a genuine issue as to whether the company regarded the employee as disabled when it fired him.
More

NFL case to be discussed at Indy Law

October 22, 2009
IL Staff
A roundtable discussion about a U.S. Supreme Court case involving the issue of antitrust laws as applied to the National Football League will be at the Indiana University School of Law - Indianapolis in November.
More

St. Joseph Bar evaluates judges

October 22, 2009
IL Staff
The St. Joseph County Bar Association has released the results of its 2009 survey evaluating Superior Court judges. This is the second time the bar association has completed and published this survey.
More

COA reverses dismissal of drug charges

October 21, 2009
Jennifer Nelson
A trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.
More
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. 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)

  4. "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.

  5. 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.

ADVERTISEMENT