Legal News

IU professor helps get pesky scrivener’s error removed from Trademark Act

December 4, 2012
IL Staff
One pesky scrivener’s error that altered the protection provided by the Trademark Dilution Revision Act of 2006 has been corrected thanks to the efforts of an Indiana University professor.
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COA rehearing restates trial court survey remedies

December 4, 2012
IL Staff
The Indiana Court of Appeals granted rehearing in a Starke County case in which the reliability of a survey is at issue.
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Retired Supreme Court justice joins Indiana Business Law Survey Commission

December 3, 2012
IL Staff
Retired Indiana Supreme Court Justice Frank Sullivan Jr. has been appointed to the Indiana Business Law Survey Commission.
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7th Circuit affirms drug conspiracy judgments, cautions prosecution

December 3, 2012
Dave Stafford
Nine defendants who were convicted in federal court of drug conspiracy for distributing methamphetamine and marijuana will continue to serve their sentences after the 7th Circuit Court of Appeals affirmed the judgments but issued cautions for federal prosecutors.
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Religious bent of Indiana’s marriage statute is not unconstitutional, federal court rules

December 3, 2012
Marilyn Odendahl
The Center For Inquiry, a non-profit that promotes a secular society based on science and reason, plans to appeal a federal court’s ruling that Indiana’s Solemnization Statute is constitutional.
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Successful Durham appeal unlikely, outside lawyers say

December 3, 2012
Scott Olson
The co-owners of Fair Finance Co. who were sentenced Friday on federal fraud charges plan to appeal their convictions, lawyers for the two men say.
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Immigration cases dominate federal system, report says

December 3, 2012
IL Staff
Immigration prosecutions have surpassed those for drug crimes in federal courts, according to data released by the U.S. Sentencing Commission in its Overview of Federal Criminal Cases for Fiscal Year 2011.
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COA affirms sex offender’s removal from registry

December 3, 2012
Dave Stafford
A man convicted of rape in Pennsylvania in 1993 is not required to register as a sex offender in Indiana, the Court of Appeals affirmed Monday.
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Durham gets 50 years for fraud scheme

November 30, 2012
Cory Schouten
Tim Durham will likely spend the rest of his life behind bars after a federal judge on Friday sentenced the disgraced playboy and businessman to a 50-year prison term for defrauding Ohio investors of $250 million.
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Disciplinary Commission overreached, justices agree

November 30, 2012
Dave Stafford
An Ohio attorney who argued his disciplinary case in a rare public forum before the Indiana Supreme Court prevailed as justices said the Indiana Disciplinary Commission’s arguments failed.
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More companies planning holiday parties, survey says

November 30, 2012
Scott Olson
More companies seem to be in the holiday spirit this year. Survey results released this week by Chicago-based employment consultancy Challenger Gray & Christmas Inc. show 83 percent of companies polled plan holiday parties this December.
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COA rejects insurer’s new arguments

November 30, 2012
Marilyn Odendahl
An insurance provider was unsuccessful in its attempt to convince the Indiana Court of Appeals to change its mind that the company has a duty to indemnify or defend.
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Appeals court reverses adoption; birth mother denied due process

November 30, 2012
Dave Stafford
A Jasper County mother was denied due process when her children were allowed to be adopted while the birth mother’s appeal of her termination of parental rights was pending, the Indiana Court of Appeals ruled Friday.
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Fewer Hoosiers voted in 2012, tally shows

November 30, 2012
Dave Stafford
Fifty-eight percent of registered Indiana voters cast ballots in the Nov. 6 general election – the same percentage as in 2004 but a decline from the 2008 vote, when 62 percent of Hoosiers voted.
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Restaurant owners accused of harboring illegal immigrants, mail fraud

November 30, 2012
Dave Stafford
An Illinois couple has been indicted in federal court on charges that include harboring illegal immigrants at a restaurant they operate in northwestern Indiana.
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COA affirms order Amish connect to sewer system

November 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld a trial court’s decision to deny setting aside agreements several members of the Old Order Amish near Loogootee made to connect to a sewer system and the order that a couple hook up to the system.
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Latin Kings gang member, 2 others sentenced

November 29, 2012
IL Staff
A member of the Latin Kings street gang and two associates have been sentenced to prison for racketeering conspiracy and other crimes in support of the gang, the U.S. Attorney’s Office in the Northern District of Indiana announced Thursday.
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Discussion to look at religious liberties

November 29, 2012
IL Staff
Happy Holidays or Merry Christmas? The ACLU of Indiana is taking a look at the battle over religious liberties at its December First Wednesdays brown bag discussion.
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COA divided over dismissing fired HR director’s complaint

November 28, 2012
Jennifer Nelson
The Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board of Commissioners’ human resources director after two new members were elected to the board.
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Judges uphold 10-year suspension of driver’s license

November 28, 2012
Jennifer Nelson
A Porter County man who fought the Bureau of Motor Vehicles' decision to suspend his license for being a habitual traffic violator lost his case before the Indiana Court of Appeals.
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Volunteers needed for ISBA’s ‘Talk to a Lawyer Today’ program

November 28, 2012
IL Staff
The Indiana State Bar Association is seeking lawyers for its annual volunteer event on Martin Luther King Jr. Day, “Talk to a Lawyer Today.” Approximately 200 members of the ISBA will offer brief, free legal consultations to the public.
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COA rules in favor of remodeler on unhappy client’s claim

November 27, 2012
Jennifer Nelson
Finding the Clark Circuit Court erred in considering parol evidence when denying a remodeler’s motion for summary judgment, the Indiana Court of Appeals found the lower court should grant his motion on a lawsuit brought by a client for negligently performing work on her home.
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DCS settles final issue stemming from 2009 suit over rate cuts

November 27, 2012
Jennifer Nelson
The Indiana Department of Child Services announced Tuesday that is has reached a legal settlement with IARCCA, an Association of Children & Family Services, over rates paid to cover additional staffing costs and cost-of-living expenses to residential facilities and foster care agencies that serve abused and neglected children.
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Durham asks court for 5-year sentence

November 27, 2012
Scott Olson
Convicted Ponzi schemer Tim Durham is requesting a much shorter prison stay than the life sentence federal prosecutors want him to serve.
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Justices to decide if tax sale notice statute unconstitutional

November 27, 2012
Jennifer Nelson
The Indiana Supreme Court granted transfer to just one case last week, taking a Bartholomew County ruling involving a tax sale. The Indiana Court of Appeals in July held that Indiana Code 6.1-1-24-3(b) violates the 14th Amendment guarantee of due process.
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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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