Laws

Interim criminal law study committee to examine sentencing questions

August 14, 2013
Marilyn Odendahl
The process to correct and clarify House Enrolled Act 1006, the massive piece of legislation overhauling the state’s criminal code, will begin Aug. 15 at the first meeting of the Indiana General Assembly’s Criminal Law and Sentencing Policy Study Committee.
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COA notes Indiana law would have changed outcome of environmental dispute

August 2, 2013
Marilyn Odendahl
Using California law, the Indiana Court of Appeals ruled that an insurance company does not have to pay for an environmental cleanup, but the court noted it did not agree with the position of the Golden State and it would have ruled differently if Indiana law had been applicable.
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Liquor store chain seeks to impose strict regulations on convenience stores selling alcohol

August 1, 2013
Marilyn Odendahl
A chain of 19 liquor stores in Indianapolis wants the drug, grocery and convenience stores that sell alcohol to be subject to the same strict regulations that govern package liquor stores.
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Judges disagree on whether Rhode Island law applies in wrongful death case

July 25, 2013
Jennifer Nelson
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
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Expungement forum set for Saturday in Gary

July 18, 2013
IL Staff
Attorneys will present information and answer questions about Indiana’s new expungement law at a forum Saturday in Gary.
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Complexity of new expungement law raises questions

July 17, 2013
Dave Stafford
Hundreds rushed to a clerk's office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.
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Indiana grandparents petitioning for visitation face long odds

July 17, 2013
Marilyn Odendahl
The courts are limiting relatives' rights while the Indiana General Assembly seeks to expand them.
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7th Circuit reverses sanctions against Plews Shadley, other firms in False Claims Act case

July 9, 2013
Jennifer Nelson
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
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7th Circuit dismisses campground owner’s appeal after raising new arguments

July 3, 2013
Jennifer Nelson
A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.
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New Indiana laws for 2013

July 3, 2013
IL Staff
Learn about what laws take effect July 1, 2013, in Indiana.
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COA reverses denial of petition to dismiss protective order

June 19, 2013
Jennifer Nelson
A Jackson Superior Court erred in denying a couple’s request to dismiss a protective order the wife had taken out against her husband, the Indiana Court of Appeals ruled, because the statute contains the word “shall” regarding the court’s actions when one files for a dismissal of the protective order.
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Lawmakers put more teeth into consumer protection of Indiana seniors

June 19, 2013
Dave Stafford
Indiana seniors get some new consumer protections July 1. As a group, they also get a little younger.
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Statement in tort claim does not prevent woman from trying to recover for injuries

June 4, 2013
Marilyn Odendahl
Even though a woman originally stated she did not suffer any injuries after her vehicle was rear ended by a police car, the Indiana Supreme Court has ruled she can file a subsequent complaint against the municipality and the police department for personal injuries.
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Aromatherapy distributors challenge new 'look-alike' synthetic drug law

May 30, 2013
Jennifer Nelson
Four companies that sell novelty items, aromatherapy products and other items have filed a lawsuit against Indiana’s prosecutors, alleging a newly enacted law that makes it illegal to possess or deal “look-alike” synthetic drugs is unconstitutional.
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Prior knowledge of criminal history allows FSSA to disqualify employment

May 24, 2013
Jennifer Nelson
The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.
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Legislative Council approves interim committees but concedes number becoming unwieldy

May 23, 2013
Marilyn Odendahl
While Indiana's Legislative Council passed by consent Thursday the resolution creating 18 commissions and interim study committees, leaders in the Indiana House of Representatives voiced concerns over the growing number of summer study committees and unwieldy list of topics to review.
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COA rules for first time on retroactivity of Mineral Lapse Act

May 15, 2013
Jennifer Nelson
The Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
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Convenience stores sue to be able to sell cold beer

May 14, 2013
Jennifer Nelson
The Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.
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Governor signs JTAC, workers’ comp bills into law

May 13, 2013
IL Staff
The Division of State Court Administration’s Judicial Technology and Automation Committee will see a temporary boost in funding for its Odyssey case management system under a new law signed by Gov. Mike Pence.
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Pence signs into law changes to sex offender registry

May 10, 2013
IL Staff
Changes are coming to Indiana’s sex offender registry, thanks to a new law signed by Gov. Mike Pence Thursday.
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Woman who used FedEx to send med mal complaint didn’t timely file

May 9, 2013
Jennifer Nelson
Third-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations – but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.
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Attorney General touts consumer bills passed in 2013 legislative session

May 8, 2013
Marilyn Odendahl
Indiana Attorney General Greg Zoeller applauded the Legislature on the number of bills it passed this session which, he said, support law enforcement as well as serve and protect the state’s residents.
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Criminal code and expungement bills signed by governor

May 6, 2013
Marilyn Odendahl
Indiana Gov. Mike Pence signed two bills today that could significantly transform Indiana’s criminal judicial system.
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Store owner’s ‘Spice law’ prosecution may proceed, COA rules

May 6, 2013
Dave Stafford
The state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative authority to the Board of Pharmacy.
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Commission on improving status of children established under new law

May 1, 2013
IL Staff
Gov. Mike Pence signed Senate Enrolled Act 125 Tuesday which creates a commission that will study issues and take actions relating to children in Indiana.
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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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