Legal News

Court erred in not considering subsequent property settlement agreements

October 7, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a ruling in favor of a woman on her claim that her ex-husband owed her more than $2.4 million based on a 1997 property settlement agreement. The judges found the trial court should have considered subsequent property settlement agreements the two entered into without the court’s approval.
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Lawsuit takes on Indiana's right-to-farm laws

October 7, 2015
Jeff Newman, IBJ Staff
The Hoosier Environmental Council has filed a lawsuit on behalf of a pair of Hendricks County families who say they face “intolerable living conditions” created by odors coming from a nearby 8,000-hog farm that opened two years ago.
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Federal jury rules against DCS, awards family $31.3 million

October 7, 2015
Dave Stafford
The family of a 14-year-old Pulaski County girl who died as a result of prescription error has been awarded $31.3 million in a judgment against state agents who wrongly removed the couple’s children from their home and prosecuted the parents for their daughter’s death.
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The waiting game delays medical malpractice claims going to court

October 7, 2015
Dave Stafford
Lawmakers recently received conflicting diagnoses for review panels that evaluate medical malpractice claims. Some see them as broken, while others say they represent an ideal system that just needs some TLC.
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Justices: Survivors cannot recover attorney fees

October 7, 2015
Marilyn Odendahl
The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.
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Insurance policy v. public policy

October 7, 2015
Dave Stafford
A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.
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Remonstrators’ victories are short-lived

October 7, 2015
Marilyn Odendahl
In a string of reversals from the Indiana Court of Appeals, the judiciary seems to be saying that if a municipality indicates it will need the additional territory at some point in the future, then that is enough to allow an annexation to move forward.
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Indianapolis Red Mass highlights legal lesson of the Good Samaritan

October 6, 2015
Marilyn Odendahl
An estimated 200 attorneys, judges and law students gathered Oct. 5 to celebrate the beginning of the judicial year at the 56th annual Red Mass sponsored by the St. Thomas More Society of Indianapolis.
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Reversal reinstates negligence claim in fall on snowy hotel lot

October 6, 2015
Dave Stafford
A trial court erred in granting summary judgment in favor of hotel defendants on a negligence claim arising after a guest slipped, fell and was injured in a parking lot covered by a dusting of snow.
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Cocaine dealing conviction affirmed over jury instruction challenge

October 6, 2015
Dave Stafford
A man convicted of dealing cocaine failed to persuade the Indiana Court of Appeals to reverse due to what he claimed was an erroneous jury instruction.
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7th Circuit rejects en banc rehearing in student loan case

October 6, 2015
Dave Stafford
Whether a creditor can apply student loan rehabilitation agreement payments to collection costs is a question that split a panel of the 7th Circuit Court of Appeals three ways, but Circuit judges agreed they’ve heard enough of the matter for now.
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Attorneys: Indiana feticide conviction was absurd use of law

October 6, 2015
 Associated Press
Attorneys for an Indiana woman seeking to overturn her conviction in the death of her premature baby have argued prosecutors relied on an absurd use of the state's feticide law.
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Smoking law under review in Legislature

October 6, 2015
Marilyn Odendahl
The legislative Interim Study Committee on Public Policy will review the state’s smoking policy, including a look at e-cigarettes and an increase in the cigarette tax, at its first meeting Oct. 6.
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Ex-Secretary of State Charlie White begins serving home detention

October 6, 2015
 Associated Press
Former Indiana Secretary of State Charlie White has started serving his one-year sentence of home detention more than 3½ years after being convicted of perjury and other charges that forced him from office.
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Carmel City Council passes anti-discrimination ordinance

October 6, 2015
Lindsey Erdody, IBJ Staff
Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony.
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Familiar, divisive social issues on Supreme Court agenda

October 5, 2015
 Associated Press
The Supreme Court of the United States' new term began Monday with no cross words between the justices, although a steady stream of divisive social issues awaits them in the coming months.
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National security expert to present Bayh lecture

October 5, 2015
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law has tapped a national security expert to deliver the fourth annual Birch Bayh Lecture.
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Legal Aid Society 'Raising the Bar' event focuses on pro bono

October 5, 2015
IL Staff
Indianapolis Legal Aid Society will host “Raising the Bar,” an after-work event from 5 to 7 p.m. Wednesday that will help that agency’s mission of providing legal services to those in need.
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Indiana seeks more foster parents because of growing need

October 5, 2015
 Associated Press
The number of children in Indiana in foster care rose to 13,134 in June, up from 10,550 a year earlier, according to state records. The shortage of foster families is putting pressure on the pool of people who are licensed to foster and making it more difficult for caseworkers to find local placements.
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Death row inmate at 16, later freed, couldn't escape past

October 5, 2015
 Associated Press
Paula Cooper spent 27 years in prison for the stabbing death of an elderly Gary woman. While many forgave her, she could not forgive herself. She was released in 2013 and, earlier this year, took her own life.
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Zoeller, other attorneys general urge OK of addiction law

October 5, 2015
 Associated Press
Indiana Attorney General Greg Zoeller and 37 other attorneys general are urging the Senate to pass the Comprehensive Addiction and Recovery Act of 2015.
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SCOTUS turns away 1,600 cases as new term opens

October 5, 2015
 Associated Press
The Supreme Court of the United States opened its new term on Monday by turning away appeals in roughly 1,600 cases the justices reviewed over the summer. As is typical, the justices did not comment in rejecting the cases.
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New Indianapolis court aims to help struggling veterans

October 5, 2015
 Associated Press

A newly created Marion County court branch will handle cases involving troubled veterans who may be having difficulty adapting to civilian life.

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Rogue nurse prompts call to revisit privacy rulings

October 2, 2015
Marilyn Odendahl
Noting technology is advancing faster that privacy law, an Indiana Court of Appeals judge is urging the Indiana Supreme Court to revisit precedent regarding invasion of privacy claims.
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Indiana Supreme Court awards adult guardianship grants

October 2, 2015
Marilyn Odendahl
Nine agencies across the state have collectively received more than $400,000 from the Indiana Supreme Court to help fund volunteer-based adult guardianship programs.
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