Legal News

COA: No evidence employee violated professional conduct rule

May 26, 2015
Jennifer Nelson
The Indiana Court of Appeals on Tuesday reversed the denial of a man's application for unemployment benefits, finding the record doesn't support that he was fired for just cause for violating his employer's professional conduct rules. The man kept a mentally disabled client in a hot car, citing his safety and the safety of other riders.
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State proved man forced his way into apartment, COA holds

May 26, 2015
Jennifer Nelson
A man convicted of three crimes stemming from the robbery of an apartment could not convince the Indiana Court of Appeals that he did not force his way into the apartment because someone inside opened the door first.
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Indiana fish farm loses lawsuits over unpaid bills

May 26, 2015
 Associated Press
A central Indiana fish farm that last year won approval for a $30 million expansion faces more than $200,000 in court judgments after lawsuits filed by businesses who say the company owes them money.
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Gay marriage challenges cost Indiana $1.4M in attorney fees

May 26, 2015
 Associated Press
The state of Indiana had to pay more than $1.4 million in fees to plaintiffs' attorneys in its unsuccessful attempt to maintain a ban on same-sex marriages, the attorney general's office says.
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COA reverses felony conviction for lack of evidence

May 22, 2015
Jennifer Nelson
The state did not prove that a St. Joseph County man intimidated another person when the man pulled out a knife after being confronted about stealing water, the Indiana Court of Appeals held Friday. The dissenting judge believed there to be no distinction between the defendant being “caught” stealing water and “confronting” the defendant about stealing it.
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Man’s appellate arguments challenging misdemeanor convictions waived

May 22, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with the state that a man waived his arguments on appeal because he did not raise a relevant objection at trial, he did not make a cogent argument on appeal, and because his arguments are otherwise meritless.
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Jury awards $32.5M to victim of 2006 traffic accident

May 22, 2015
 Associated Press
A jury awarded $32.5 million to a Dyer, Indiana, woman who suffered brain damage and was left partially paralyzed in a traffic accident.
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Judge dismisses bulk of Christ Church suit against JPMorgan

May 22, 2015
Greg Andrews
A federal judge on Thursday dealt a major blow to Christ Church Cathedral’s lawsuit charging JPMorgan Chase & Co. caused $13 million in losses in trust accounts endowed decades ago by Eli Lilly Jr. via “intentional mismanagement” and “self-dealing.”
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Indiana man faces more charges in Facebook threat case

May 21, 2015
 Associated Press
A federal grand jury has issued a second indictment with more charges against an Indiana man accused of threatening to blow up a courthouse and kill judges in a Facebook posting.
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Bankruptcy lawyer’s unruly conduct draws warning

May 21, 2015
Dave Stafford
A Terre Haute lawyer’s behavior at a bankruptcy court proceeding last week so alarmed parties involved that U.S. marshals were called, according to an order warning he could face discipline for his conduct.
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Certified question regarding Patient’s Compensation Fund dismissed

May 21, 2015
IL Staff
The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.
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FBI special agent to speak at Indiana Bar Foundation’s Fellows Dinner

May 21, 2015
Marilyn Odendahl
The 2015 class of Fellows will be inducted during the Indiana Bar Foundation’s Fellows Dinner at 6 p.m. June 13 at the historic Allen County Courthouse.
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ESPN to appeal Indiana judge's ruling on Notre Dame police

May 21, 2015
 Associated Press
ESPN will appeal a northern Indiana judge's ruling that the University of Notre Dame police department is not subject to the state's open records law.
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Magistrate chides ‘bloated filings’ in long-running gun dispute

May 20, 2015
Dave Stafford
A federal magistrate judge in a protracted trademark dispute over the design of competing firearms took aim Tuesday at lawyers he said were slowing the case.
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Savings clause of 2014 criminal code revision not unconstitutional

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the savings clause of the 2014 criminal code revision violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
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Fuel company settles claims over air emissions in 3 states

May 20, 2015
 Associated Press
Marathon Petroleum Corp. will pay a fine of nearly $3 million and spend another $2.8 million on pollution controls at its distribution terminals in Indiana, Kentucky and Ohio, the U.S. Justice Department said Tuesday.
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Judge approves $200M settlement in 2012 meningitis outbreak

May 20, 2015
 Associated Press
Victims of a 2012 meningitis outbreak caused by a now-closed Massachusetts compounding pharmacy will have access to a $200 million compensation fund, following approval Tuesday by a federal bankruptcy judge.
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COA: Trial court properly admitted drug evidence

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held that a trial court acted within its discretion when it admitted evidence found after executing a search warrant of a large quantity of marijuana in a defendant’s backpack, which led to the revocation of the defendant’s probation.
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Woman’s theft, check deception convictions affirmed

May 20, 2015
Jennifer Nelson
The Court of Appeals concluded Wednesday that a defendant did not establish that the trial court abused its discretion by refusing her proffered jury instruction or in the admission of pretrial identification evidence.
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7th Circuit affirms denial of railroad disability benefits

May 20, 2015
Dave Stafford
A railroad worker treated in Indiana for years for back injuries and pain failed to convince the 7th Circuit Court of Appeals he was entitled to federal disability benefits.
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Justices find nature of murders supports death penalty

May 20, 2015
Jennifer Nelson
A Gary man who shot and killed his wife and her two children at close range will remain on death row, the Indiana Supreme Court concluded Wednesday.
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Man’s life without parole sentence upheld

May 20, 2015
Jennifer Nelson
There is sufficient evidence to affirm a Fulton County man’s sentence of life without parole for his connection in the murder of an elderly woman during a home invasion, the Indiana Supreme Court ruled Wednesday.
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Double jeopardy requires reversal of 1 of prisoner’s convictions

May 20, 2015
Jennifer Nelson
An inmate in the Miami Correctional Facility scored a partial victory before the Indiana Supreme Court Tuesday. The justices reversed one of his convictions for battering a correctional officer, but declined to reduce his eight-year sentence.
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7th Circuit again denies Notre Dame’s request for injunction in contraception suit

May 20, 2015
Jennifer Nelson
A month after rehearing the University of Notre Dame’s request for a preliminary injunction that it need not comply with the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals again affirmed the denial of the school’s request.
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Pressure on PACER

May 20, 2015
Marilyn Odendahl
On May 1, protestors across the country launched their ire on the federal judicial branch. They were not maligning the judges or their decisions, but rather they were imploring the courts to upgrade and improve the online Public Access to Court Electronic Records system.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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