Legal News

Judge tells lawyers to fight GM instead of each other

February 11, 2016
 Bloomberg News
The judge overseeing lawsuits against General Motors Co. over a lethal ignition-switch defect denied a bid to remove the lead attorney for the injury and death cases, telling the lawyers to stop arguing with each other.
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Justice Department enters Ferguson court case in strong position

February 11, 2016
 Associated Press
The Justice Department enters its court fight against the city of Ferguson with the apparent upper hand, given a months-long investigation that found vast problems in the way police and courts treat poor people and minorities in the St. Louis suburb.
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Complaint alleges misappropriation of civil forfeiture proceeds

February 10, 2016
Marilyn Odendahl
Charging Indianapolis law enforcement is illegally keeping millions of dollars from civil forfeitures, a national legal organization filed a complaint Wednesday in Marion Superior Court to stop the flow of proceeds into city coffers.
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Appeals court clarifies home improvement contract ruling

February 10, 2016
Jennifer Nelson
The Indiana Court of Appeals granted a homeowner’s request for rehearing, but reaffirmed that he is not entitled to summary judgment over the installation of a pool in an allegedly incorrect location.
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COA reverses man’s pro se request for change of judge

February 10, 2016
Jennifer Nelson
Because a man failed to file an affidavit concerning why he wanted a change of judge in a code violation case, as required by statute, the Indiana Court of Appeals reversed the grant of his request for a change of judge.
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Comment sought on state court e-filing, other rule changes

February 10, 2016
The Indiana Supreme Court is seeking comments on proposed rule changes that include appellate e-filing and CLE exemptions for judges and attorneys in the military.
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Supreme Court creates Office of Judicial Administration

February 10, 2016
IL Staff
The Indiana Supreme Court announced Wednesday it is creating a single Office of Judicial Administration in an effort to improve its internal governance.
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Prosecutors appeal Indianapolis coach's release to parents

February 10, 2016
 Associated Press
Federal prosecutors have appealed a judge's decision to allow a former Indianapolis high school boys' basketball coach to live with his parents while he faces charges that he enticed a 15-year-old girl into a sexual relationship.
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Defense claims case against man in 1975 death circumstantial

February 10, 2016
 Associated Press
The defense for a Terre Haute man accused of killing his first wife in 1975 claims the case against him is circumstantial.
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East Chicago City Council seeks guidance on jailed member

February 10, 2016
 Associated Press
The East Chicago City Council has decided to ask the Indiana attorney general and the State Board of Accounts for guidance as one of its members remains jailed.
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Suit alleges pattern of illegal detentions in Fort Wayne

February 10, 2016
Dave Stafford
Three Fort Wayne residents – and perhaps scores more – were illegally detained by police without warrants, probable cause or even the accusation that they had broken the law, a federal lawsuit alleges.
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30 justice applicants bring varied backgrounds

February 10, 2016
Dave Stafford
The lawyers and judges vying to become the next Indiana justice include a one-time Swiss Alps guide, an aerobics instructor, and a former Indiana University football player. At least three got their start working at McDonald’s, and more have lived in Rensselaer (three) than were born in Indianapolis (two).
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Treatment of mentally ill prisoners changing

February 10, 2016
Marilyn Odendahl
After more than seven years of litigation, the Indiana Department of Correction is instituting major changes by providing treatment and mostly eliminating solitary confinement for severally mentally ill prisoners.
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Taking a 'side step' in the legal profession

February 10, 2016
Marilyn Odendahl
From her desk, Elizabeth Ellis watched the attorneys in her office work and realized as many other paralegals have – I can do that.
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Hoosier roots still strong for D.C. Circuit jurist

February 10, 2016
Marilyn Odendahl
Judge Robert Wilkins returns to Indiana for a Black History Month celebration in the Southern District of Indiana.
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Magistrate Judge Hussmann turns in gavel but plans to keep working

February 10, 2016
Marilyn Odendahl
On Jan. 31, Magistrate Judge William Hussmann Jr. raced his administrative assistant, Shelly James, to the office door. After nearly 28 years, the pair retired together from the U.S. District Court for the Southern District of Indiana.
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7th Circuit disagrees with ALJ that woman is able to work

February 9, 2016
Marilyn Odendahl
In vacating the denial of an application for Social Security disability benefits, the 7th Circuit Court of Appeals admonished the administrative law judge for giving more weight to the opinion of the non-examining physician than to the diagnosis of the doctors who have been treating the applicant.
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Inaccurate property description does not render mortgage invalid

February 9, 2016
Marilyn Odendahl
Despite errors, a mortgage still contained a “facially valid” description and the mortgage holder was protected from foreclosure.
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Arrest, search of woman who walked from police unconstitutional

February 9, 2016
Dave Stafford
Indianapolis police who arrested and searched a woman after she walked away from them violated her Fourth Amendment rights, the Indiana Court of Appeals ruled Tuesday.
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Supreme Court vacates Tax Court ruling in seized-dogs case

February 9, 2016
Dave Stafford
An Indiana Tax Court ruling that the state improperly denied a refund of the value of 240 dogs seized from an alleged puppy mill in southern Indiana was vacated Monday by the Indiana Supreme Court.
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Publisher to pay $14M in 'Happy Birthday' copyright case

February 9, 2016
 Associated Press
Music publisher Warner/Chappell Music will return $14 million in fees to settle a lawsuit that challenges its claim to "Happy Birthday," one of the world's best-known songs.
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GOP state senator enters race for Indiana attorney general

February 9, 2016
 Associated Press
A Republican state senator from Logansport says he will seek the Republican nomination for state attorney general.
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2 more join federal suit challenging live Nativity scene

February 9, 2016
 Associated Press
Two more parents have joined a federal lawsuit challenging a northern Indiana school district using a live Nativity scene as part of its annual Christmas show.
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Walton sentenced to 9 years for role in Indy Land Bank scheme

February 9, 2016
Indianapolis Business Journal
Reggie Walton, the former director of the Indy Land Bank, was sentenced Monday to nine years in federal prison for his role in a scheme in which he received kickbacks for fraudulently directing the sale of abandoned or tax-delinquent properties.
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Decision against trying to bifurcate did not prejudice jury

February 8, 2016
Marilyn Odendahl
Refusing to second-guess trial strategy, the Indiana Court of Appeals found an East Chicago man did not meet his burden to prove he had ineffective counsel.
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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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