Legal News

Judges decline to consider mother’s actions in med-mal case

November 18, 2016
Olivia Covington
The Indiana Court of Appeals has rejected a doctor’s argument that a patient’s mother served as an intervening cause to the loss of the patient’s kidney and instead upheld the rule that a parent’s alleged contributory negligence may not be imputed to a child’s medical malpractice claim.
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New law creates murkiness on private university police records

November 18, 2016
Dave Stafford
The Indiana Supreme Court left no doubt that it considered the Notre Dame Police Department exempt from the Access to Public Records Act when it affirmed dismissal of ESPN’s lawsuit seeking records of the department’s interactions with 275 student athletes. But a bill signed into law this year dealing with access to police body cameras could change that.
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Valparaiso Law says it's fixing school admission policies

November 17, 2016
Olivia Covington
Valparaiso University Law School is not in danger of closing or losing its accreditation in wake of the American Bar Association’s public censure of the school for noncompliance with admissions practices, the school’s dean said Thursday.
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Tow company that seized, sold cars loses injunction appeal

November 17, 2016
Dave Stafford
An Indianapolis towing company whose owner worked with bankruptcy lawyers to take possession of cars when a buyer defaulted and then resell dozens of them lost its appeal of an injunction blocking the practice and ordering the cars be returned to the lienholder.
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Felony conviction affirmed based on ‘into’ definition

November 17, 2016
Jennifer Nelson
A bullet that pierces a home’s siding is considered to be “into” the dwelling, the Indiana Court of Appeals decided Thursday in upholding a South Bend man’s criminal recklessness conviction.
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Lawsuit challenging cities' human rights ordinances stays in court

November 17, 2016
Olivia Covington
A Hamilton County judge has ruled that a lawsuit challenging the constitutionality of human rights ordinances in four Indiana cities can continue, despite the cities’ arguments that there was no legal standing to bring the suit.
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COA: Incest age defense can’t win post-conviction relief

November 17, 2016
Dave Stafford
A man convicted of incest for a consensual sexual relationship with his biological aunt couldn’t persuade the Indiana Court of Appeals that he was entitled to post-conviction relief. The man claimed ineffective assistance of counsel for failing to argue in his defense that the man’s aunt was older than 31.
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Justices dismiss ESPN suit, find Notre Dame police not public agency

November 16, 2016
Dave Stafford
Notre Dame Police are not a public agency, the Indiana Supreme Court ruled Wednesday, turning back a lawsuit from ESPN that sought records of the university police’s interactions with student athletes. The ruling means Indiana’s Access to Public Records Act does not apply to university police at private institutions.
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Wisconsin to appeal to feds over 'Making a Murderer' inmate

November 16, 2016
A federal judge told Wisconsin prison officials on Wednesday that they must release an inmate featured in the Netflix series "Making a Murderer" by Friday evening.
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Judge to mull latest request to delay Trump University trial

November 16, 2016
 Associated Press
A federal judge on Tuesday scheduled a hearing to consider President-elect Donald Trump's request to delay a civil fraud trial involving his now-defunct Trump University until after his inauguration on Jan. 20.
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Basketball player sues NCAA, Northwestern over transfer

November 16, 2016
 Associated Press
A Northwestern University basketball player is suing the school and the NCAA in federal court, claiming the association's transfer regulations violate antitrust laws.
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Temporary judge appointed in Noble Superior Court

November 16, 2016
IL Staff
Due to Noble Superior Judge Michael J. Kramer’s election to circuit court in the county, the Indiana Supreme Court has appointed a judge pro tem in superior court.
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Marion County’s new electronic system speeds process for searches

November 16, 2016
Dave Stafford
Police working a crime scene who need a search warrant sometimes feel they can’t wait, but they often have no choice. For law enforcement agencies in Marion County, though, the wait is decreasing due to a new electronic system for requesting and approving search warrants.
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Justices weigh whether child abuse reporter can sue DCS for breach of confidentiality

November 16, 2016
Dave Stafford
A southern Indiana church van driver who suspected children to be in need of services due to dangerous living conditions in his small community followed the law requiring him to report his suspicions. He didn’t want to provide his name, but he did so after a Department of Child Services hotline worker assured him his identity would remain confidential, as the law also requires.
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5 practice areas expected to see major growth in 2017

November 16, 2016
Olivia Covington
In its 2017 Practice Outlook Guide, BTI Consulting Group projected that five practice areas would experience significant growth in the coming year: regulatory matters, mergers and acquisitions, cybersecurity/data privacy, bet-the-company litigation and class-action lawsuits. Here is a look at the reasons top lawyers in these practice areas are predicting steady growth.
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Judges must balance timeliness rules with discretion

November 16, 2016
Olivia Covington
Recent decisions from the Indiana Court of Appeals have demonstrated the divide between statutory requirements and judicial discretion when it comes to motions filed after deadline.
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3 conservative groups challenge RFRA ‘fix,’ human rights ordinances

November 16, 2016
Olivia Covington
After a nearly 4½-hour hearing during which they argued the constitutionality of their local human rights ordinances prohibiting discrimination on the basis of sexual orientation, four Indiana cities are waiting to learn if a Hamilton Superior Court judge will dismiss a suit challenging the ordinances.
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Impending closure of Indiana Tech Law School brings anger, uncertainty

November 16, 2016
Marilyn Odendahl
Indiana Tech Law School's closure is the first time in the collective memory of the American Bar Association that a law school has closed without transferring its assets.
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COA dismisses request to make trial court order final

November 15, 2016
The Indiana Court of Appeals has dismissed a mother’s request to characterize an order ending her parent-child relationship as a final order, writing that she still had to option of appealing the trial court’s decision through interlocutory appeal.
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COA upholds murder conviction after rejecting involuntary manslaughter appeal

November 15, 2016
Olivia Covington
The Indiana Court of Appeals has upheld a man’s murder conviction after rejecting his claim that the jury should have been instructed on an involuntary manslaughter charge because he did not intend to kill his victim when he was beating her.
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COA says golf cart use is par for the course during the game

November 15, 2016
Olivia Covington
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
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Park Tudor gets prosecution deferral after Cox case

November 15, 2016
Dave Stafford
Park Tudor School will not face further penalties arising from its handling of an investigation of former basketball coach Kyle Cox, who was convicted and sentenced to 14 years in prison for trying to entice a 15-year-old student to have sex with him.
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Judge jails ex-Vigo County sheriff’s deputy, citing risk to public safety

November 15, 2016
IL Staff
A federal judge ordered a former Vigo County sheriff deputy’s pretrial detention because the officer posed a danger to public safety for threatening to kill potential witnesses, and because the evidence against him in a kickbacks case indicates “that he believes he can operate outside of the law.”
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Ex-deputy’s suit against Marion County deputy prosecutor proceeds

November 15, 2016
Dave Stafford
A former Marion County deputy sheriff’s malicious prosecution lawsuit will proceed against a deputy prosecutor he claims pressed for a misconduct investigation against him at the request of a show-business connection.
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Indianapolis federal courthouse gets national award

November 15, 2016
IL Staff
The Birch Bayh Federal Building and U.S. Courthouse has received national recognition for a refurbishment project that ushered the infrastructure of the 100-year-old building into the 21st century while preserving the structure’s distinguished spirit.
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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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