Legal News

Supreme Court term ended much different than it began

June 28, 2017
 Associated Press
The U.S. Supreme Court began its term nine months ago with Merrick Garland nominated to the bench, Hillary Clinton favored to be the next president, and the court poised to be controlled by Democratic appointees for the first time in 50 years. Things looked very different when the justices wrapped up their work this week
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Judge charged with violating Code of Judicial Conduct

June 28, 2017
Marilyn Odendahl
A Blackford County judge has been charged with judicial misconduct related to his banning the court clerk from the county courthouse and threatening to arrest and possibly incarcerate her if she even stepped on the sidewalks surrounding the property.
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Supreme Court affirms bestiality conviction

June 28, 2017
Dave Stafford
A Muncie man’s confession that he committed bestiality was admissible in the trial court because it was supported by evidence the state introduced that provided an inference that the crime had been committed, the Indiana Supreme Court ruled.
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7th Circuit: Nightingale must defend Medicare restitution claims

June 28, 2017
Dave Stafford
A Carmel-based home health care company stripped of its certification to receive Medicare funding in Indiana will return to the district court in Indianapolis to defend against government claims seeking nearly $5 million in restitution.
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Sarah Palin sues paper for tying her PAC ad to mass shooting

June 28, 2017
 Associated Press
Former vice presidential nominee and Alaska governor Sarah Palin is accusing The New York Times of defamation over an editorial that linked one of her political action committee ads to the mass shooting that severely wounded then-Arizona Congressman Gabby Giffords.
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Legal fight over Indiana's anti-political robocall law ends

June 28, 2017
 Associated Press
A Chicago-based veterans advocacy group's seven-year struggle to strike down Indiana's ban on political robocalls has ended with the U.S. Supreme Court declining to review a lower-court ruling upholding the law.
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Crowdfunding for court costs

June 28, 2017
Dave Stafford
Social media and online fundraising campaigns are becoming new venues to finance litigation.
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Indiana Legal Services’ pilot project offers on-the-spot help to small claims defendants

June 28, 2017
Marilyn Odendahl
The Tenant Assistance Program clinic offers triage services for tenants who have eviction notices and are appearing in court that day.
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Legal service provider offers residency to law school graduates

June 28, 2017
Marilyn Odendahl
The dean of Notre Dame Law School, which participates in the program, says full-scale post-graduation training program would not be economically feasible or necessary.
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New justice known for commitment to service on and off the bench

June 28, 2017
Olivia Covington
Soon-to-be Indiana Supreme Court Justice Christopher Michael Goff isn’t a jurist who rules from the bench with little perspective on the lives of those who come before him, his colleagues say. Instead, he’s a judge who is active in his community, working alongside his neighbors to make Wabash County a better place to live.
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Bamberger merger gives Kentucky firm stronger presence in Indiana

June 27, 2017
Marilyn Odendahl
Since it was founded in 1959, the law firm of Bamberger Foreman Oswald & Hahn LLP has always had an office in the Hulman Building on Fourth Street in Evansville, but by the end of the summer, the mainstay in the local legal community will have a new name and a new location.
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Ruling in travel ban leaves myriad questions unanswered

June 27, 2017
 Associated Press
The U.S. Supreme Court's decision to partially reinstate President Donald Trump's temporary travel ban has left the effort to keep some foreigners out of the United States in a murky middle ground, with unanswered questions and possibly more litigation ahead.
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‘Taken aback’ by Eskenazi’s bid for fees, COA rules for committed man

June 27, 2017
Dave Stafford
A divided Indiana Court of Appeals struck a special condition that a man who had been subject to a mental health order of commitment not use alcohol or drugs. The court also criticized the hospital for seeking legal fees in the case from the Marion County Public Defender Agency.
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Bank’s parallel litigation in Indiana, Brazil permissible

June 27, 2017
Dave Stafford
A bank seeking to recoup millions it loaned for a businessman’s purchase of an airplane was entitled to pursue parallel litigation in federal court in Indiana and in Brazil, the 7th Circuit Court of Appeals ruled Monday.
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Pharmacy boss blamed for meningitis outbreak gets 9 years

June 27, 2017
 Associated Press
The co-owner of a pharmacy responsible for the deaths of 76 people was sentenced Monday to nine years in prison after he tearfully apologized to victims who described watching their loved ones die or enduring excruciating physical pain from a 2012 nationwide fungal meningitis outbreak caused by contaminated steroids.
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Septic installer’s federal suit against Brown County reinstated

June 27, 2017
Dave Stafford
A Brown County man whose license to service and install septic systems was revoked without notice or a hearing may proceed with his federal lawsuit against the county.
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Children’s commission’s annual report sets 3-year plan

June 26, 2017
IL Staff
The Commission on Improving the Status of Children in Indiana has set a three-year plan emphasizing child safety and services, juvenile justice, mental health, substance abuse and educational outcomes as key priorities.
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Supreme Court last day notable for what was and wasn't said

June 26, 2017
 Associated Press
The last day of the United States Supreme Court's term Monday was notable not only for what was announced but also for what wasn't.
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Supreme Court rules for Missouri church in playground case

June 26, 2017
 Associated Press
The Supreme Court ruled Monday that churches have the same right as other charitable groups to seek state money for new playground surfaces and other nonreligious needs.
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Justices take up Lake Michigan shore property rights case

June 26, 2017
Dave Stafford
The Indiana Supreme Court will decide whether the beach of Lake Michigan belongs to the public or to private property owners along the shoreline.
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Double sentencing enhancements don’t violate precedent

June 26, 2017
Marilyn Odendahl
The Indiana Court of Appeals ruled double enhancements that added 25 years to a man’s sentence did not violate precedent because each was given for a different offense.
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Judge considering freeze on Iraqi deportations

June 26, 2017
 Associated Press
Lawyers for Detroit-area Iraqi nationals who fear they could be tortured or killed if they’re kicked out of the U.S. asked a judge on Monday to extend his freeze on their deportations to all Iraqis who have been ordered to leave the country.
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Prosecutor: No charges against 2 officers in man’s shooting

June 26, 2017
 Associated Press
Two central Indiana police officers won’t face charges for shooting a man who they said tried to run them down with his car after an attempted traffic stop.
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Trump travel ban partly reinstated; fall court arguments set

June 26, 2017
 Associated Press
The U.S. Supreme Court is letting a limited version of President Donald Trump’s ban on travel from six mostly Muslim countries take effect, a victory for Trump in the biggest legal controversy of his young presidency.
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Anthem agrees to $115M settlement over data breach

June 26, 2017
 Bloomberg News
Anthem Inc. has agreed to pay $115 million to resolve consumer claims over a 2015 cyber-attack that compromised data on 78.8 million people, marking what attorneys in the case called the largest data-breach settlement in history.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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