Legal News

Justices take 3 cases

December 10, 2013
Jennifer Nelson
The Indiana Supreme Court granted transfer to three cases last week, including a lawsuit filed by parents after their severely disabled daughter died at school as a result of choking on food.
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COA: Insurer has no liability for dog bite injuries

December 10, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.
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New commission on children executive committee includes justice, DCS head

December 10, 2013
IL Staff
The Commission on Improving the Status of Children, created during the 2013 legislative session, announced its executive committee Tuesday. The committee includes Indiana Justice Loretta Rush, who also serves as commission chair.
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Property tax assessment prevents township from controlling cemetery

December 9, 2013
Jennifer Nelson
Because a couple had paid taxes on the land where a cemetery existed since 1967, the township did not have authority under Indiana law to exercise control over that cemetery, the Indiana Court of Appeals affirmed Monday.
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24 more school corps join IRS lawsuit on employer mandate

December 9, 2013
IL Staff
Twenty-four additional school corporations have joined the lawsuit filed in October by the state of Indiana and 15 school corporations against the Internal Revenue Service challenging the tax penalties that could be imposed in 2015 under the “employer mandate” of the Affordable Care Act.
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Juvenile Detention Alternatives adds 11 counties

December 9, 2013
IL Staff
Eleven counties have joined the original eight participating in Indiana’s Juvenile Detention Alternatives Initiative, the Indiana Supreme Court announced Monday. The expansion will extend JDAI services to 56 percent of juveniles from 10 to 17 years old.
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Indiana among states wanting SCOTUS to clear the air on pollution standard

December 9, 2013
Marilyn Odendahl
A coalition of 14 states, including Indiana, are headed to the Supreme Court of the United States Dec. 10 to argue that the U.S. Environmental Protection Agency has overstepped its authority, again, in trying to regulate air pollution in upwind states.
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Brother in Holiday World dispute still fighting for ownership

December 6, 2013
Marilyn Odendahl
The family battle over the southern Indiana amusement park, Holiday World and Splashin’ Safari, could be moving to the Indiana Supreme Court.
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State didn’t prove woman took drug while on probation

December 6, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the revocation of a Sullivan County woman’s probation, finding the state didn’t demonstrate that Michelle Orr Carpenter took a barbiturate while on probation.
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Paralegals donate more than 5,700 stuffed bears for emergency responders

December 6, 2013
IL Staff
The Indianapolis Bar Association’s Paralegal Committee has collected 5,731 stuffed animals from area paralegals for emergency responders to give to children after a traumatic event, the IndyBar announced Thursday.
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Man cannot challenge evidence underlying conviction through PCR

December 6, 2013
Jennifer Nelson
A man sentenced to 18 years after pleading guilty to a methamphetamine charge may not collaterally challenge the evidence underlying his conviction through a petition for post-conviction relief, the Indiana Court of Appeals ruled Friday.
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COA: Bank lacks standing to appeal trust terminations

December 5, 2013
Jennifer Nelson
Old National Bancorp cannot appeal the termination of two trusts it served as a representative of, either in the representative capacity or on an individual capacity, the Indiana Court of Appeals held Thursday. As such, the court dismissed the appeal.
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Ex-wife allowed to enter QDRO 20 years after divorce

December 5, 2013
Jennifer Nelson
In a matter of first impression regarding when a qualified domestic relations order must be filed, the Indiana Court of Appeals held that a woman who waited 20 years after her divorce to have her ex-husband sign a QDRO for division of his pension may still be able to submit it.
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Policy provisions preclude coverage in settlement of class claims

December 5, 2013
Jennifer Nelson
Because the “voluntary payment” and “legally obligated to pay” provisions precluded coverage, a trial court properly entered partial judgment in favor of an insurer of a distillery involved in a settlement over damages caused to nearby buildings by the distillation process.
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Child Support Court being reopened in Gary

December 4, 2013
Marilyn Odendahl
Although an appeal is pending in the Indiana Court of Appeals, the child support court that had been consolidated to Crown Point in early 2013 is moving back to Gary.
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Indiana appeals $62.8 million tobacco settlement reduction

December 4, 2013
IL Staff
The state is appealing an arbitration panel ruling from September that reduced by $62.8 million the amount due from tobacco companies to offset Indiana’s health costs associated with treating sick smokers and tobacco users.
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Government may appeal Conour’s 10-year sentence

December 4, 2013
Dave Stafford
Federal prosecutors who argued for tougher punishment may appeal the 10-year sentence imposed in October for former attorney William Conour who pleaded guilty to a single count of wire fraud.
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Husband can’t recover insurance proceeds after wife burns down house

December 4, 2013
Jennifer Nelson
The Indiana Court of Appeals Wednesday held that when an insurance company includes an explicit exclusion in its policy to cover loss resulting from an intentional act by a co-insured, the court will enforce that exclusion. Because a man’s policy included such an exclusion, he can’t recover insurance proceeds after his wife burnt down their home on purpose.
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Christie elected to Judicial Nominating Commission

December 4, 2013
Dave Stafford
Lawyers have elected Indianapolis attorney Lee Christie to the Judicial Nominating Commission.
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State, IBM contest $62 million award for canceled welfare contract

December 4, 2013
Dave Stafford
Indiana Court of Appeals judges spent the better part of a 90-minute oral argument Nov. 25 focused on whether a trial judge’s order applied the proper legal standards in awarding $62 million to IBM after the state canceled its $1.3 billion contract to overhaul Indiana’s welfare administration.
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Rising bar association memberships linked to jobs and social activities

December 4, 2013
Marilyn Odendahl
A boost in membership rolls at some bar associations around the state is credited to the changing employment landscape in the legal community. People are joining the organizations because they are getting jobs or because they want to network to get future jobs.
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Notre Dame refiles suit against Obamacare ‘contraception mandate’

December 3, 2013
IL Staff
The University of Notre Dame has refiled a federal lawsuit seeking to block enforcement of the so-called contraception mandate included in the Patient Protection and Affordable Care Act.
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Denial of SSI reversed for failure to consider mental health

December 3, 2013
Marilyn Odendahl
A woman who claimed disability in part because of her diminished mental health will get another chance to present her case after the 7th Circuit Court of Appeals found the administrative law judge did not properly consider the opinions and testimony regarding the woman’s mental condition.
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Sentenced as adult at 12, new plea may free Gingerich at 18

December 3, 2013
Dave Stafford
A boy who at age 12 was convicted of conspiracy to commit murder and improperly sentenced as an adult to serve 25 years in prison may be freed when he turns 18, according to a pending plea agreement.
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Schools get $14 million settlement in ISTA, NEA securities suit

December 3, 2013
IL Staff
Four-year-old litigation over $27 million lost by at least 27 Indiana public school systems that invested in a troubled teachers union-sponsored health insurance plan has concluded with a settlement in which schools will receive about $14 million.
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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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