Legal News

Court erred in dividing husband’s accounts

December 7, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a man that a dissolution court’s valuation and division of his pension and deferred tax savings plan was incorrectly calculated, but rejected his other claims stemming from his divorce.
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COA upholds vehicle search despite noncompliance with protocol

December 7, 2015
Jennifer Nelson
Even though two Indianapolis police officers did not follow the department’s general order on towing and impounding vehicles after a traffic stop, the Indiana Court of Appeals upheld a man’s drug convictions.
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7th Circuit reverses benefits denial; judge chastises process

December 7, 2015
Jennifer Nelson
Seventh Circuit Judge Richard Posner had harsh words for the Social Security Disability Office regarding vocational expert testimony: clean up your act.
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Attorney to seek venue change in southern Indiana crash

December 7, 2015
 Associated Press
A southern Indiana judge is scheduled to hear arguments next month on whether the trial of a man accused of driving while intoxicated in a deadly crash should be moved to another county because of media attention.
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DNA evidence properly excluded in rape trial

December 4, 2015
Jennifer Nelson
A trial court was correct in not allowing evidence in a rape trial that DNA of an unknown male was collected from the victim two days after the incident, the Indiana Court of Appeals affirmed.
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Woman breached settlement in trail construction dispute

December 4, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a lower court that a Yorktown resident breached the terms of a settlement she reached with the town over easements to construct storm sewers and a residential trail when she declined to donate the easement for the trail unless other conditions were met.
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Erroneous jury instruction leads to DWI conviction reversal

December 4, 2015
Jennifer Nelson
A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.
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COA: property conveyed with a restrictive covenant

December 4, 2015
Jennifer Nelson
The Indiana Court of Appeals Friday had to determine whether the conveyance of a school for park and recreational use was done so by a restrictive covenant or a fee simple with condition subsequent.
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Judge: Tax board correctly reduced shopping center’s assessment

December 4, 2015
Jennifer Nelson
The Indiana Board of Tax Review did not err when it reduced the real property assessment of an Indianapolis shopping center by reinstating the previous year’s assessment, the Indiana Tax Court held Thursday.
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City workers lose challenge to law, must quit to take office

December 4, 2015
Dave Stafford
Five Lake County civil servants lost their lawsuit challenging a state law that forbids them from serving in elected office in the same city that employs them.
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District will comply with court order on Christmas show

December 4, 2015
 Associated Press
A northern Indiana school district banned by a federal judge from including a live Nativity scene as part of its annual Christmas show says the show will go on without it.
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Justices to decide dealership relocation dispute

December 3, 2015
IL Staff
The Indiana Supreme Court is going to decide whether a Toyota dealership can relocate from Anderson to Fishers over the objections of three existing greater Indianapolis Toyota dealers.
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Comment sought on reappointment of magistrate

December 3, 2015
IL Staff
The United States District Court for the Southern District of Indiana wants to know whether a magistrate judge should be reappointed to a new eight-year term.
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COA affirms dismissal of will contest

December 3, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of a man’s will contest action involving his siblings, but for a different reason than the trial court.
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Oscar Pistorius conviction: Explaining the law behind it

December 3, 2015
 Associated Press
The heart of the murder case against Oscar Pistorius has relied on a section of South African criminal law known by the Latin term of dolus eventualis. The Supreme Court of Appeal decided Thursday that a lower court's reading of that was faulty and overturned its manslaughter conviction against the athlete, convicting him of murder.
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Target settles with banks over 2013 breach for $39M

December 3, 2015
 Bloomberg News
Target Corp. will pay about $39 million to banks and credit unions to resolve losses from a 2013 holiday- season data breach, as retailers and financial institutions continue to grapple with the costs of major hacker attacks.
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Forget the lawyers: Here’s what will decide the Volkswagen suits

December 3, 2015
 Bloomberg News
Since the day it came out that Volkswagen AG cheated diesel-emissions tests, U.S. consumers have been suing and lawyers have been wrangling over where the cases will be heard. But for the cars’ owners and Volkswagen, that fight – the centerpiece of a hearing Thursday in New Orleans –doesn’t matter so much because the legal case is actually quite simple.
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‘Elkhart Four’ ruling stands

December 2, 2015
Marilyn Odendahl
The Indiana Supreme Court has denied the state’s petition for a rehearing in the "Elkhart Four" felony murder case.
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Insurance agents denied summary judgment in lawsuit filed after fire

December 2, 2015
Jennifer Nelson
A man’s lawsuit will continue against an insurance agent and his agency after they insured his rental property but then denied coverage after a fire, alleging the man misrepresented the property’s condition.
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Judge wants harsher sentence for attack on ex-fiancee

December 2, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed there were no double jeopardy violations following a man’s open plea agreement to strangling, confining and battering his ex-fiancee, but one judge believed the man deserved more time in the Department of Correction based on the seriousness of the incident.
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150 businesses in group pushing for Indiana LGBT protections

December 2, 2015
 Associated Press
A large coalition of Indiana businesses is calling on Republican Gov. Mike Pence and the GOP-controlled Legislature to put LGBT civil rights protections into state law.
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Judge grants preliminary injunction banning Nativity scene

December 2, 2015
 Associated Press
A federal judge has granted a preliminary injunction banning a northern Indiana school district from including a live Nativity scene as part of its annual Christmas show.
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Monarch keeps up fight to overturn state alcohol sales law

December 2, 2015
 Associated Press
The largest beer and wine wholesaler in Indiana is asking a state appeals court to find a law unconstitutional that prohibits beer wholesalers from seeking a permit to also distribute liquor.
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Downtown condo association again files suit for building damage

December 2, 2015
Scott Olson, IBJ Staff
The homeowners association for a downtown Indianapolis condominium complex again is suing the owner and builder after a new round of problems caused about $6 million in damage to the structure.
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Rep. Susan Brooks helps put spotlight on civil legal aid

December 2, 2015
Marilyn Odendahl
Civil legal aid providers got a boost Tuesday with the announcement of the formation of a Civil Legal Services Caucus in the U.S. Congress.
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  1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

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  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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