Legal News

Judge: Library did not comply with public notice requirements

June 25, 2014
Jennifer Nelson
The Indiana Tax Court Tuesday upheld the decision by the state to reject appropriations and levies associated with the Speedway Public Library’s 2011 budget because proper public notice regarding the budget wasn’t given.
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Houchin new chair of Indiana prosecutors group

June 25, 2014
IL Staff
The Indiana Prosecuting Attorneys Council has elected Washington County Prosecutor Dustin Houchin as chairman of its board of directors.
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Court must consider loss of use when determining damages in a replevin action

June 24, 2014
Jennifer Nelson
The Indiana Court of Appeals Tuesday ordered a trial court to factor in the loss of use of a semi-tractor in a replevin action. It emphasized to the lower court that the amount of damages in a replevin action must be limited to a reasonable amount.
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7th Circuit, Bankruptcy Court seek comment on rule changes

June 24, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals and the United States Bankruptcy Court for the Northern District of Indiana want to hear from attorneys about proposed rule changes.
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7th Circuit denies convicted murderer habeas relief

June 24, 2014
Jennifer Nelson
An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.
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Appeals court OKs dead witness's video testimony

June 24, 2014
 Associated Press
The state Court of Appeals has upheld a northern Indiana judge's decision to allow videotaped statements from a dead witness to be used in an upcoming murder trial.
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Justices decline to take divorce case involving lump sum SSDI payment

June 23, 2014
Jennifer Nelson
A divided Indiana Supreme Court will let stand the lower court ruling that affirmed a lump sum Social Security Disability Insurance payment was not an asset of marriage subject to division.
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Judges vacate 2 conditions of supervised release

June 23, 2014
Jennifer Nelson
Because two special conditions imposed on a man convicted of attempted extortion do not bear a reasonably direct relationship to his underlying crimes, the 7th Circuit Court of Appeals vacated those conditions.
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COA: No material discrepancy between deposition, testimony

June 23, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a lawsuit alleging medical malpractice, finding the trial court should not have stricken the affidavit of the plaintiffs’ expert witness.
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2 contractors accused of wage violations accept plea deals

June 23, 2014
Dennis Barbosa
The Marion County Prosecutor's Office has reached plea agreements in two cases in which a contractor was accused of paying workers less than the required wage on publicly financed projects.
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Justices limit existing EPA global warming rules

June 23, 2014
 Associated Press
The Supreme Court of the United States on Monday placed limits on the sole Obama administration program already in place to deal with power plant and factory emissions of gases blamed for global warming.
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Justices affirm convictions after toddler found wandering by police

June 20, 2014
Jennifer Nelson
The Indiana Supreme Court affirmed the admittance of drugs and other evidence obtained by police after searching an apartment following a report of an unattended child. The justices found both parents gave their consent for police to make sure the apartment was fit before returning the child to their care.
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Pawn shop owner loses case based on ‘class-of-one’ theory

June 20, 2014
Jennifer Nelson
An Evansville pawn shop owner couldn’t convince the 7th Circuit Court of Appeals that the state singled him out for disparate treatment without a rational basis when it initially denied his application for a pawnbroking license.
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COA: Debt collector not entitled to attorney fees under agreement

June 20, 2014
Jennifer Nelson
A company assigned to collect on a woman’s medical debt cannot also collect attorney fees, the Indiana Court of Appeals ruled Friday. The agreement the woman signed with a medical provider that allows for the collection of attorney fees did not apply to the physician group which assigned her debt to the collections company.
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LCBA encouraging members to put a focus on individual health

June 20, 2014
Marilyn Odendahl
The Lake County Bar Association will be holding its first “Practice Health, Not Law Day” on June 27. Members are encouraged to use the day to schedule a medical check-up or to visit the association’s office in Merrillville for a free health screening.
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Treble damages under Sales Rep Act not subject to Punitive Damages Act

June 20, 2014
Jennifer Nelson
The Indiana Supreme Court unanimously held Thursday that treble damages under the Sales Representative Act are not subject to the Punitive Damages Act.
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Janitor loses pro se complaint alleging discrimination

June 20, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals noted that it was a “close call” whether a man worked in a hostile work environment as a school temporary janitor, but judges found that he could not meet his legal burden to prove that he suffered severe or pervasive harassment based on his race.
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Judge removes herself from county treasurer cases

June 19, 2014
 Associated Press
The judge overseeing the case of a central Indiana treasurer charged with mishandling public money and a lawsuit aimed at removing him from office has disqualified herself from both cases.
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State appeals ruling recognizing single same-sex marriage

June 19, 2014
Dave Stafford
Indiana Attorney General Greg Zoeller has asked the 7th Circuit Court of Appeals to reverse an Indianapolis federal judge’s ruling requiring the state to recognize the same-sex marriage of two women, one of whom is gravely ill.
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Judge concerned insurance ruling has ‘broad-range consequences’ for future cases

June 19, 2014
Jennifer Nelson
The Indiana Court of Appeals issued a lengthy opinion Thursday dealing with an insurance coverage dispute between a company headquartered in Indiana and its insurers regarding claims from Taiwanese workers that they were made ill from contaminants from a manufacturing plant.
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Starting salaries increase slightly for 2013 law grads

June 19, 2014
Jennifer Nelson
The median starting salaries for 2013 law school graduates rose slightly to nearly $62,500, according to data released by NALP Thursday. More grads also found jobs nine months out of school, but the unemployment rate rose due to the increased size of the graduating class.
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7th Circuit: Defendant’s counsel not ineffective

June 19, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Thursday declined to find that a defendant’s appointed attorney provided ineffective assistance of counsel requiring the court to vacate or correct his 20-year sentence.
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SCOTUS nixes patent on financial risk software in closely watched case

June 19, 2014
 Associated Press
The Supreme Court of the United States has tossed out an Australian company's patent for business software in a closely watched case that clarifies standards for awarding patents.
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2 convicted for roles in death of fellow inmate

June 19, 2014
Jennifer Nelson
Two inmates at the Terre Haute Federal Correctional Institution have been convicted for their roles in the death of a fellow inmate, the U.S. Attorney’s Office for the Southern District of Indiana announced Wednesday. William J. Bell and Lenard Dixon were recently ordered to wear modified leg restraints during their trial.
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Commission announces new fees for CLE

June 19, 2014
IL Staff
Attorneys and sponsors who are late in reporting attendance to the Indiana Commission for Continuing Legal Education will be subject to up to a $50 fee, according to an order released by the Indiana Supreme Court.
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  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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