Legal News

Appeal: Commercial court, without notice, put worker out of job

May 31, 2017
Dave Stafford
A glass industry engineer’s challenge alleges the Indiana commercial court pilot project dockets’ specialized rules violated his due process rights.
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ABA urges ‘reasonable efforts’ to avoid cyberattacks

May 31, 2017
Olivia Covington
The ABA's Formal Ethics Opinion 477 is an updated version of a previous one handed down in 1999, when email was the primary method of electronic communication. Now, attorneys communicate with their clients in a variety of ways and with various devices, necessitating new guidance to legal professionals on how to protect their work on all platforms, the opinion said.
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Lack of statewide will procedures leaves unanswered questions about official documents

May 31, 2017
Dave Stafford
The final stop for a last will and testament in the e-filing era depends on where in Indiana an estate is opened and what the local probate court demands, at least for now.
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Student loans cause confusion, affect career choices for new lawyers

May 31, 2017
Olivia Covington
It was shortly after his 2012 graduation from George Washington University Law School when the realization hit Michael Lux hard: He had a ton of student loan debt to begin paying back to the federal government.
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137 successful on February Indiana Bar Exam

May 31, 2017
IL Staff
Indiana’s newest attorneys received advice from judges and took several oaths during an admission ceremony held May 17 at the Indiana Roof Ballroom in Indianapolis.
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Long Beach seawall dispute goes back to boards

May 30, 2017
A complaint brought by Indiana residents seeking to build seawalls along their lakefront property will not proceed after the Indiana Court of Appeals decided Tuesday the residents must first exhaust their administrative remedies before litigating their complaint.
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COA: Mom cannot show lead cause of boy’s autism

May 30, 2017
Marilyn Odendahl
A grandmother failed to convince the Indiana Court of Appeals her grandson’s developmental disabilities were caused by the lead paint in her rented house rather than by his birth mother’s use of methamphetamine.
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COA allows nurse practitioner to testify as expert

May 30, 2017
Olivia Covington
An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.
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COA: Suspended attorney’s failure to litigate attributable to client

May 30, 2017
Olivia Covington
A now-suspended attorney’s repeated failure to communicate with his client and litigate her case was a failure directly attributable to the client and, thus, made the opposing party entitled to summary judgment, the Indiana Court of Appeals ruled Tuesday.
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Court affirms weapon, drug convictions after bar incident

May 30, 2017
Dave Stafford
A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.
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Travel ban to test Supreme Court view of presidential power

May 30, 2017
 Associated Press
The U.S. Supreme Court may soon decide how courts are supposed to view presidential power in the age of Donald Trump.
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Failure to sign order sends dog dispute back to court

May 30, 2017
Marilyn Odendahl
Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.
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Appeals panel affirms termination of guardianship

May 30, 2017
Dave Stafford
The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.
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Notre Dame law clinic employee accused of embezzlement

May 30, 2017
IL Staff

An employee of the Notre Dame Clinical Law Center has been charged with 11 felony counts relating to what the St. Joseph County Prosecutor’s Office says is a seven-year-long racketeering scheme in which the university found more than $199,000 was stolen.

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Justices to hear arguments in caseload case against DCS this week

May 30, 2017
IL Staff
The Indiana Supreme Court will hear arguments this week to determine whether an employee of the Indiana Department of Child Services can bring a class-action complaint against her employer for an alleged violation of statutory caseload limits under the public standing doctrine.
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Justices consider ‘reasonable’ standard in flash bang search case

May 26, 2017
Olivia Covington
As criticism across the country continues to grow against the use of flash bang devices, a highly controversial police diversionary tool, the justices of the Indiana Supreme Court must decide whether the use of such a tool in Evansville constituted an unreasonable assault on the home.
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Ex-prosecutor faces discipline for failing to disclose false testimony

May 26, 2017
Dave Stafford
A former Porter County deputy prosecutor and a member of the Valparaiso City Council faces sanctions from the Indiana Supreme Court for allegedly withholding from the defense that an alleged victim said he had been coached to lie and had recanted allegations of sexual abuse.
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Reversal: Trial court ordered to revisit CHINS petition

May 26, 2017
Olivia Covington
An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.
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Ice Miller expanding IP practice with Philadelphia office

May 26, 2017
IL Staff
Ice Miller LLP is expanding its intellectual property practice with a new office in Philadelphia.
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California man accused of defrauding former Colt of more than $4.5M

May 26, 2017
Indianapolis Business Journal, Susan Orr
A financial adviser in California faces allegations that he defrauded a former Indianapolis Colts player out of more than $4.5 million in investments.
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Tax Court affirms board’s valuations of Bloomington CVS store

May 26, 2017
Olivia Covington
In a case involving the same litigants, attorneys and issues previously raised by the Monroe County assessor and CVS corporation, the Indiana Tax Court has affirmed the Indiana Board of Tax Review’s final determination as to the assessed value of a CVS store in Bloomington.
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Salvation Army sues neighboring Children’s Museum over expansion

May 25, 2017
Indianapolis Business Journal, Scott Olson
The Salvation Army is suing the Children’s Museum of Indianapolis, claiming its neighbor’s $35 million outdoor expansion project intrudes on its easements and restricts its access to Illinois Street.
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Appeals court reinstates grant of petition to relocate easement

May 25, 2017
Olivia Covington
The Town of Ellettsville Plan Commission can move forward with its plan to grant a petition to move an easement after the Indiana Court of Appeals found Thursday the man who owns the easement did not prove the petition was unreasonable.
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Bloomington files lawsuit over last-minute annexation amendment

May 25, 2017
Marilyn Odendahl
The city of Bloomington has filed a lawsuit against Indiana Gov. Eric Holcomb, claiming an amendment dropped into the state’s biennial budget at 2 a.m. April 21 and approved less than 24 hours later is specifically targeting the municipality to prevent it from annexing seven unincorporated areas near the city limits.
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COA affirms convictions in nursing home burglary scheme

May 25, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s various felony theft and burglary convictions after finding there was sufficient evidence to prove he broke into the dwelling of nursing home residents and stole narcotics worth more than $3,000.
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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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