Legal News
COA reverses summary judgment for NCAA on negligence claim
May 22, 2013
Jennifer NelsonA woman who was injured at a fencing event at the University of Notre Dame should have been granted more time to present relevant
materials in opposition to the National Collegiate Athletic Association’s motion for summary judgment on her negligence
claim, the Indiana Court of Appeals ruled Wednesday.
MoreDefendant not at fault for failing to timely appeal
May 22, 2013
Jennifer NelsonThe Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to
his attorney’s death from cancer shortly after the sentencing hearing.
MoreJudges clarify how plaintiff may have case reinstated
May 22, 2013
Jennifer NelsonIn a rehearing requested by a plaintiff whose legal actions were dismissed in Marion Superior Court, the Indiana Court of
Appeals clarified its original holding on how the man may have his actions reinstated.
MoreJustices reinstate COA decision in Simon defamation suit
May 22, 2013
Jennifer NelsonThe Indiana Court of Appeals opinion reversing a Marion Superior judge’s denial of a California attorney’s motion
to dismiss a defamation lawsuit filed by Herbert Simon will stand. The state’s highest court split evenly over whether
the trial court should have denied that motion.
MoreSeeking an exclusion for innocent co-insured
May 22, 2013
Marilyn OdendahlA LaPorte County woman who lost her home to a fire allegedly started by her estranged husband, is at the center of a legal
dispute with her insurance company that could set precedent.
MoreEasterbrook: 7th Circuit 'nation's leader' in productivity
May 22, 2013
Dave StaffordChief Judge Frank Easterbrook of the 7th Circuit Court of Appeals presented his final State of the Circuit address during
the Circuit conference this month in Indianapolis, describing the federal appellate court for Indiana, Illinois and Wisconsin
as perhaps the nation’s most industrious.
MoreChief Justice Roberts says cuts to judiciary budget becoming too deep
May 22, 2013
Describing the immediate impact changes in judicial budgets have on court staff, Chief Justice of the United States John Roberts
used part of his address to the 7th Circuit Bar to highlight the fiscal constraints judges and courts are facing today.
MoreLawsuit threatens NCAA's amateur business model
May 22, 2013
Anthony SchoettleThe NCAA is facing a potential game-changing legal battle that has some colleges worrying their athletic budgets could be
halved.
MoreSupreme Court’s ruling for Monsanto described as good decision
May 22, 2013
Marilyn OdendahlThe Supreme Court of the United States decision upholding the patent owned by Monsanto Co. was surprising only in its unanimous
affirmation.
MoreFeds charge 5 in Indy Land Bank kickback scheme
May 21, 2013
Cory SchoutenFederal prosecutors have charged two Indianapolis city employees in the Department of Metropolitan Development and three others
in a scheme involving cash kickbacks on the sale of properties in the Indy Land Bank.
MoreOccupy Kokomo protesters file suit against Howard County sheriff for civil rights violations
May 21, 2013
IL StaffOccupy Kokomo protesters filed a lawsuit Tuesday against the Howard County sheriff and members of the sheriff’s department,
claiming violations of their civil rights.
MoreCasino patron hurt in fall on ice has self to blame, appeals court rules
May 21, 2013
Dave StaffordA casino patron who passed beneath caution tape and then broke his pelvis in a fall on a snowy and icy parking surface lost
his appeal challenging summary judgment in favor of the casino, which had cordoned off that portion of a parking deck.
MoreJuvenile reversal sets new conditional admissions standard
May 21, 2013
Dave Stafford
A Court of Appeals panel on Tuesday reversed a ruling in a juvenile case and set a new standard for how juvenile judges must
handle conditional admission agreements when probable cause is disputed.
BMV ‘may have inadvertently overcharged’ for licenses
May 21, 2013
IL StaffThe Bureau of Motor Vehicles acknowledged in response to a multi-million-dollar class-action lawsuit that it “may have
inadvertently overcharged” Indiana residents for driver’s licenses.
MoreConour has until week’s end to recoup missing assets
May 21, 2013
Dave StaffordFormer personal injury attorney William Conour on Monday was granted a few more days to comply with a court order to reacquire
assets he dissipated in violation of bond conditions pending his federal wire fraud trial.
More'Pleading the Fifth' not the same as admitting to criminal act
May 20, 2013
Marilyn OdendahlA reference made during a trial to “pleading the Fifth” is not an admission of a crime and, therefore, by itself
is not grounds for a mistrial, the Indiana Court of Appeals has ruled.
MoreElementary students showcase their knowledge of the US Constitution
May 20, 2013
IL StaffA total of 350 fifth-grade students from seven schools around Indiana demonstrated their knowledge of the U.S. Constitution
Friday at the state Capitol during the We The People elementary showcase.
MoreLengthy gun sentence affirmed in 2011 hotel standoff
May 20, 2013
Dave StaffordA federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase,
assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August
2011.
MoreAppeals panel voids gun conviction, cuts child porn sentence
May 20, 2013
Dave StaffordAn Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most
serious conviction vacated and his sentence reduced to no more than four years.
MoreCourt rules county may re-establish hospital building fund
May 20, 2013
Dave StaffordJasper County was improperly denied the ability to establish a cumulative building fund and tax levy to enlarge and remodel
a hospital, the Indiana Tax Court ruled.
More7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case
May 20, 2013
Dave StaffordAn Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s
apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be
resentenced.
MoreLawyer who emailed nude film clip to harm ex-intern suspended 3 years
May 20, 2013
Dave StaffordIndianapolis attorney Arthur J. Usher IV’s rejected romantic advances toward a summer intern led him to have his paralegal
email more than 50 attorneys a video clip purporting to depict the former intern nude in a film, according to the Indiana
Supreme Court. Usher’s bid to discredit and humiliate her while she was seeking employment resulted in a three-year
suspension on Friday.
MoreJudges restate: no guns in City-County Building
May 17, 2013
Dave StaffordA 2007 order banning guns and weapons from the Indianapolis City-County Building that houses most of Marion County’s
Circuit and Superior courts remains in force despite questions raised after the Indiana Legislature widely voided local gun
regulations.
MoreClass A felony sentences not inappropriate under Appellate Rule 7(B)
May 17, 2013
Marilyn OdendahlTwo convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were
not inappropriate under Appellate Rule 7(B).
MoreJustices block Schiralli’s Lake County bench transfer
May 17, 2013
Dave StaffordThe Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge
Mary Beth Bonaventura after her appointment to head the Department of Child Services.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.