Legal News

Ruling: RV supplier must face patent-infringement suit

July 25, 2017
Dave Stafford
A northern Indiana judge ruled that a recreational vehicle supplier’s patent-infringement suit against a competitor will move forward, in part because former employees of the plaintiff company are alleged to have encouraged infringement.
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Judge indefinitely halts deportation of 1,400-plus Iraqis

July 25, 2017
 Associated Press
A federal judge in Detroit on Monday indefinitely stopped the deportation of more than 1,400 Iraqis who fear physical harm if kicked out of the U.S., the latest in a series of decisions in favor of the immigrants.
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Trump asks federal appeals court to dismiss protester lawsuit

July 25, 2017
 Associated Press
Attorneys for President Donald Trump want a federal appeals court to dismiss a lawsuit by protesters accusing him of ordering his supporters to rough them up at a campaign rally in Louisville, Ky. last year.
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Council OKs $20 million in expenses for new justice center

July 25, 2017
Hayleigh Colombo, Indianapolis Business Journal
The Indianapolis City-County Council on Monday night approved a resolution to pay for up to $20 million in planning and design costs associated with building the new criminal justice center.
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Additional guidance issued on pro bono reporting

July 24, 2017
IL Staff
With the annual attorney registration set to begin Tuesday in Indiana, the Coalition for Court Access has issued additional guidance for reporting pro bono hours.
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Goff joins high court

July 24, 2017
Olivia Covington
The bench of the Indiana Supreme Court is once again full after former Wabash Superior Judge Christopher Michael Goff joined the high court on Monday.
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Suit: Montgomery Sheriff’s Office violated constitution

July 24, 2017
Marilyn Odendahl
A complaint filed last week in federal court claims the Montgomery County Sheriff’s Department falsely told a man that he had a no-contact order against him and was prohibited from seeing his 12-year-old son.
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COA to hear arguments in fire departments’ tax, annexation dispute

July 24, 2017
Olivia Covington
The Indiana Court of Appeals will hold oral arguments this week to determine whether a trial court has jurisdiction to hear a Fort Wayne case that involves questions of both annexation and tax laws.
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Justices: Plain reading of law supports denial of liquor wholesale license

July 24, 2017
Olivia Covington
Indiana beer and wine wholesalers will not be able to also obtain liquor wholesaling permits after the Indiana Supreme Court reversed a trial court’s order issuing a liquor wholesaling permit to an affiliate of Indiana’s largest beer and wine distributor.
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Ruling casts doubt on lawyer’s Indy photo copyright

July 24, 2017
Dave Stafford
The copyright on a photo of the Indianapolis skyline that a lawyer has used to sue hundreds of people might not be valid, a judge ruled, because the photo was first used on a website of the law firm where the attorney was once employed.
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Suspect to be charged after 9 die in sweltering truck

July 24, 2017
 Associated Press
A man will be charged in federal court Monday in San Antonio, Texas, after his arrest in the deaths of nine people whose “very hot” bodies were found in a sweltering tractor-trailer in a Texas parking lot alongside nearly 20 others who were still alive but in dire condition, federal prosecutors said.
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Woman pleads guilty to cruelty but gets 21 dogs back

July 24, 2017
 Associated Press
A judge ruled 21 dogs can be returned to an Evansville woman who pleaded guilty to animal cruelty, months after authorities removed dozens from her property in Vanderburgh County.
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Indiana Supreme Court rejects kidnapping sentence appeal

July 24, 2017
 Associated Press
The Indiana Supreme Court is declining to take up an appeal by a Cambridge City man who wants his 76-year kidnapping sentence thrown out or reduced.
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Supreme Court overturns grant of Monarch affiliate’s liquor permit

July 21, 2017
Olivia Covington
The Indiana Supreme Court has reversed a trial court’s order directing the Indiana Alcohol and Tobacco Commission to grant a liquor wholesaling license to an affiliate of a major Indiana beer and wine wholesaler, finding statutory language prohibits companies with overlapping ownership to hold interest in both liquor and beer wholesaler permits.
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Supreme Court remands child molesting case for resentencing

July 21, 2017
Olivia Covington
A man who pleaded guilty to molesting his girlfriend’s son and was sentenced to 40 years in prison will return to court for resentencing. The Indiana Supreme Court determined Friday that the trial court considered an incorrect statutory sentencing range.
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COA: Doctor’s report to DCS not protected by anti-SLAPP statute

July 21, 2017
Olivia Covington
A doctor who reported medical child abuse to the Department of Child Services was not protected by the state’s anti-SLAPP statute, the Indiana Court of Appeals ruled Friday in a case of first impression.
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COA orders return of gun to rightful owner

July 21, 2017
Olivia Covington
A man whose handgun was confiscated after police believed it was stolen will soon have the gun returned to his family. The Indiana Court of Appeals found Friday the man proved his mother was the rightful owner of the firearm.
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Attorney suspended for practicing without a license, renegotiating fees

July 21, 2017
Olivia Covington
An Indianapolis attorney has been suspended for at least 180 days after he practiced law with a suspended license and modified fee agreements to work in his favor.
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BMV intentionally overcharged, lawyer says after fresh settlement

July 20, 2017
 Associated Press, Indianapolis Business Journal, Dave Stafford
The Indiana Bureau of Motor vehicles intentionally overcharged some 5.5 million Hoosiers for years, even after its misconduct was pointed out, said an attorney whose firm announced the second settlement of a class-action lawsuit against the agency.
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COA: Trial courts can waive right to be at commitment hearing

July 20, 2017
Olivia Covington
State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.
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COA affirms GPS monitoring after violation of protective order

July 20, 2017
Olivia Covington
A Hendricks County man will remain on GPS monitoring after the Indiana Court of Appeals ruled Thursday his estranged wife presented sufficient evidence of his violation of a protective order and that he had notice of the possibility that he could be put on a GPS tracker.
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COA affirms escapee’s convictions, consecutive sentences

July 20, 2017
Olivia Covington
A man who escaped in handcuffs from a police vehicle will remain in prison on escape and drug charges after the Indiana Court of Appeals determined Thursday the trial court did not err in instructing the jury or imposing his sentence.
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7th Circuit affirms denial of disability benefits

July 20, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the denial of a woman’s application for disability benefits after finding an administrative law judge properly determined the woman’s medical impairments did not prevent her from working certain jobs.
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7th Circuit denies rehearing, allows case to proceed to evidentiary hearing

July 20, 2017
Olivia Covington
A man convicted as a teenager in a 2008 Elkhart murder will still be given a federal evidentiary hearing on his claim of ineffective assistance of post-conviction counsel after a majority of 7th Circuit Court of Appeals judges denied the state’s petition for a panel or en banc rehearing.
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Tax Court rules in favor of exemptions for trucking company

July 20, 2017
Olivia Covington
The Indiana Tax Court has ruled in favor of a northern Indiana trucking company protesting a proposed tax assessment of nearly $500,000, finding the company’s use of its trucks were predominately related to public transportation during the years at issue.
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