Laws

States ban kratom supplement over abuse worries

May 20, 2016
 Associated Press
Kratom, a little-known plant-based substance often sold as an herbal supplement to address chronic pain, is raising alarm bells in states concerned that it could be as addictive as heroin.
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New York could become 1st state to ban cat declawing

May 17, 2016
 Associated Press
New York would be the first state to ban the declawing of cats under a legislative proposal that has divided veterinarians. Advocates say the procedure is misguided and cruel.
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Scientific basis for laws on marijuana, driving questioned

May 10, 2016
 Associated Press
Six states that allow marijuana use have legal tests to determine driving while impaired by the drug that have no scientific basis, according to a study by the nation's largest automobile club that calls for scrapping those laws.
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US sues North Carolina over transgender bathroom law

May 10, 2016
 Associated Press
A potentially epic clash over transgender rights took shape Monday when the U.S. Justice Department sued North Carolina over the state's bathroom law after the governor refused to back down.
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North Carolina governor files lawsuit over LGBT rights law

May 9, 2016
 Associated Press
North Carolina Gov. Pat McCrory's administration sued the federal government Monday in a fight for a state law that requires transgender people to use the public restroom matching the sex on their birth certificate.
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Lawyer: Law protects 911 caller in Prince death

May 4, 2016
 Associated Press
A Minneapolis attorney says he believes Minnesota law would protect a California man from any potential charges related to Prince's death.
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Indiana patent law delaying demand letters

April 20, 2016
Marilyn Odendahl
While the passage of House Enrolled Act 1102 has not been met with a lot of noise, it is causing attorneys to think twice before sending a letter asserting patent infringement. Lawyers now have to consider the requirements of patent laws that have bloomed in many states and the potential ramifications of being found in violation.
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COA: Flood plain ordinance is enforceable, residential ordinance is not

March 28, 2016
Scott Roberts
A builder must seek a special exception to mine in a flood plain zone after the Indiana Court of Appeals found that ordinance enforceable under state statute. However, an ordinance that doesn’t allow mining within two miles of a residential area is not enforceable because it was not enacted in accordance with Indiana’s zoning statutes.
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Abortion case appears to split depleted Supreme Court

March 2, 2016
 Associated Press
The Supreme Court of the United States appeared sharply divided Wednesday over Texas abortion clinic regulations in its biggest abortion case in nearly a quarter-century.
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Vaping firms say industry in peril in state unless lawmakers act

March 2, 2016
Hayleigh Colombo, IBJ Staff
Manufacturers of electronic cigarette liquids that hope to gain a license to continue selling their popular products in Indiana fear their business in the state is at risk of evaporating.
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Lawmakers back dropping 'he' references to state officials

February 25, 2016
 Associated Press
Legislators have approved replacing all the male pronouns in laws describing the duties of Indiana's statewide officeholders with gender-neutral terms.
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Vaping industry sues state over new regulations

January 4, 2016
Scott Olson, IBJ Staff
The advocacy group that represents Indiana’s vaping and electronic cigarette industry is suing the state, claiming new safety regulations are unconstitutional.
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Indiana’s alcohol laws withstand court challenges

December 30, 2015
Marilyn Odendahl
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
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Some police, prosecutors back tougher cold-medicine law

December 29, 2015
 Associated Press
Some Indiana police agencies say their fight against methamphetamine production would be helped by a proposed state law change to require a doctor’s prescription for a common cold medicine that is used to make the illegal drug.
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Indiana law drives down moped thefts, sales

December 29, 2015
 Associated Press
Evansville Police Department spokesman Sgt. Jason Cullum said scooter theft reports fell from 269 in 2014 to just 79 as of Dec. 17. He said that’s because scooters are now easier to track if stolen because they now must be registered and licensed.
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Under new law, Indiana alcohol sales now OK on Christmas Day

December 16, 2015
 Associated Press
Indiana residents will be able to purchase wine, beer or other alcoholic beverages on Christmas Day for the first time in decades under a change in state law.
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Beer distributor foams at Indiana’s alcohol law

December 16, 2015
Marilyn Odendahl
Monarch Beverage launches another effort to upend limits on liquor wholesalers.
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7th Circuit upholds Indiana’s cold beer law

December 14, 2015
Marilyn Odendahl
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.
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Justices: Kentucky death sentence wrongly overturned

December 14, 2015
 Associated Press
Justices ruled Monday that a federal appeals court was wrong to overturn Roger Wheeler's sentence based on the exclusion of a juror who expressed reservations about the death penalty.
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Speeding ticket tossed because of invalid Carmel ordinance

December 11, 2015
Jennifer Nelson
“Carmel’s wholesale adoption of chapters of Indiana Code resulted in its ordinance being nothing more than a ‘duplicate’ of already existing State law,” Court of Appeals Judge Melissa May wrote.
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Postal service warns newspaper about pot ads

December 2, 2015
 Associated Press
While Oregon voters legalized medical marijuana in 1998 and recreational marijuana for adult use in 2014, the plant is still illegal at the federal level. Any newspaper with pot ads would violate a federal law preventing advertising for illicit goods, the postal service said.
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Split COA reverses denial of habitual traffic violator rulings

November 30, 2015
Dave Stafford
A divided panel of the Indiana Court of Appeals ruled against five Lake County motorists who a trial court determined could not be judged habitual traffic violators.
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Farmer with wandering cattle will have to build fence himself

November 16, 2015
Marilyn Odendahl
A Starke County farmer who wanted to keep his cattle from roaming onto neighboring farms will have to pay for the entire fence to be built, the Indiana Court of Appeals has ruled.
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Sweeping changes in HOA laws aim for dispute resolution and transparency

November 4, 2015
Dave Stafford
Condo conflicts and HOA hostilities can often result in lawsuits and sometimes incredulous headlines. Lawyers have seen disputes arise over everything from where bikes can be stored to whether a condo owner could install hardwood floors.
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Expanding smoking ban would hurt casinos, study committee chair says

October 23, 2015
Marilyn Odendahl
In a brief hearing Thursday, members of the Interim Study Committee on Public Policy voted to leave the state’s smoking ban alone.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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