Legal News

Judge reverses ATM fee class decertification; suggests any award go to charity

September 11, 2013
Dave Stafford
The 7th Circuit Court of Appeals court didn’t exactly call an Indiana appeal a small-change case, but it suggested the few dollars each member of a class might receive could be more usefully given to charity.
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Embattled judge responds to suspension bid: ‘can and will learn’ from mistakes

September 11, 2013
Dave Stafford
A Marion Superior judge facing a 45-count disciplinary complaint responded today to a petition for her suspension by saying, “She is resolute that she can and will learn from what has been alleged, and that she will redouble her efforts to proceed.”
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Aerial Attorneys

September 11, 2013
Emily Hinkel
Twelve thousand feet above rolling Indiana farmland, attorney Amy Romig prepares to jump, as the saying goes, out of a perfectly good airplane. Most of the plane’s passengers are jittery first-time skydivers, but Romig’s nerves are just fine. That’s because she’s done this 1,300 times.
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Justices weigh $2.7 billion Rockport deal

September 11, 2013
Dave Stafford
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Sept. 5. Attorneys for and against the proposed plant pleaded that terms of the contract were on their side.
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McKinney professor Arafa says law students in his native Egypt are helping to guide nation’s future

September 11, 2013
Mohamed Arafa recalls the day last month when he left Cairo, Egypt, to return to his adjunct professor post at the Indiana University Robert H. McKinney School of Law in Indianapolis. The streets in the capitol of his native land were full of people demonstrating, and it took four hours in a taxi to navigate to the airport. “Today we have two presidents on trial,” Arafa said of the day he departed Cairo.
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Professor outlines how technology is changing the practice of law

September 11, 2013
Dave Stafford
As robots and computers entered factories, manufacturing became “advanced manufacturing,” bringing increased production at a lower cost.  That upheaval, the result of innovations in technology, is now being felt within the legal profession. William Henderson, professor of law and director of the Center on the Global Legal Profession at Indiana University Maurer School of Law, explained that the growing legal services industry, populated largely by nonlawyers, is mechanizing and automating the work attorneys do, creating products that can be sold for a relatively cheap price.
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Deadline looms for Indy judge

September 11, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown faces suspension resulting from 45 counts including accusations of wrongful jailings and misconduct.
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Judges key ambassadors for marking Constitution Day this month

September 11, 2013
Dave Stafford
Rites celebrating our rights will take place across Indiana on Sept. 17, the 10th official observation of Constitution Day.
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Day of Service taps into attorneys’ non-legal skills

September 11, 2013
Marilyn Odendahl
New ISBA program is designed to become an annual event involving attorneys across the state volunteering in their communities.
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Gary mayor issues call to action for attorneys

September 11, 2013
Marilyn Odendahl
Gary Mayor Karen Freeman-Wilson implored members of the Marion County Bar Association to speak up because the gains made by previous generations of African-Americans are being rolled back.
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Business agreements provide roadmap for changes in family-run enterprises

September 11, 2013
Marilyn Odendahl
Integrate family into small business ownership and the potential for rivalry, high emotions and different agendas increases, especially as the business is passed from one generation to the next. The dispute rocking the Holiday World & Splashin’ Safari theme park in southwest Indiana shows what can happen when a family fights over a business but, attorneys say, it is an extreme and uncommon situation. Usually members of a family or multiple shareholders in a closely held company work through their dispute outside the courtroom.
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Start Page: Not so wonderful wireless comes with hitches

September 11, 2013
Kim Brand
The last personal computer you bought probably wasn’t a PC. It was a ‘mobile’ device – a tablet or laptop or smartphone. The common denominator of these devices is their dependence on wireless connectivity to your local area network and/or the Internet. The ‘jack’ is gone.
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Hammerle Reviews: 'The Butler' and 'In a World...'

September 11, 2013
Robert Hammerle
Read attorney Bob Hammerle's movie reviews of  "Lee Daniels' The Butler" and "In a World..."
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Diversity in legal community growing, but pace too slow

September 11, 2013
Marilyn Odendahl
When small-firm founder Nathaniel Lee was admitted to the Indiana bar in 1982, only four African-American attorneys were working at large law firms in the state. Thirty years later when Rubin Pusha was admitted to practice in 2012, diversity had improved with the number of minority lawyers increasing at large and small firms alike. Others cleared the trail for Pusha but, as he looks around, he is still one of too few minority attorneys.
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Indy Bar: IBF Distinguished Fellows: Helping Hands in the Indianapolis Community

September 11, 2013
Support of the Indianapolis Bar Foundation not only gives members of the legal community an opportunity to give back to Foundation-funded programs and grants—it also connects donors to local community organizations that depend on the active involvement of volunteers.
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Blomquist: Supporting our Legal Community Through Good Times and Bad

September 11, 2013
At the July meeting of the IndyBar Board of Directors, the board approved both the description and the structure of the IndyBar HEAL Committee. If you don’t know it yet, the HEAL Committee stands for “Helping to Enrich Attorneys Lives” and its mission is clear: to assist Indianapolis area legal professionals in times of personal or professional crisis. Under the leadership of Rusty Denton of Bingham Greenebaum Doll LLP, the HEAL Committee has defined its program and laid out its plan to offer assistance to legal professionals at their time of need.
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7th Circuit: Recording of drug deal doesn’t taint conviction

September 10, 2013
Dave Stafford
A taped conversation between a suspected heroin dealer and a confidential informant in which a sentence was admitted into evidence was not fruit of the poison tree dooming a conviction that was supported by plenty of other evidence, the U.S. 7th Circuit Court of Appeals ruled Tuesday.
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Old expungement law turns good luck to bad

September 10, 2013
Marilyn Odendahl
A man’s good luck at never being charged with a crime despite four arrests turned bad when he tried to get his record expunged.
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Lake County judge strikes down provision in Indiana’s right-to-work law

September 10, 2013
Marilyn Odendahl
In a ruling that never used the popular term “right-to-work,” Lake Superior Court Judge John Sedia found a provision in Indiana’s 2012 labor law violated the state constitution’s ban on demanding services without just compensation.
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Molester’s imprisonment alone insufficient to bar contact with son

September 10, 2013
Dave Stafford
Serving 50 years in prison for conviction of eight counts of Class A felony child molesting, a count of Class C felony child molesting and Class C felony criminal confinement is insufficient by itself for a court to rule an incarcerated father may not have phone or mail contact with his child, a panel of the Indiana Court of Appeals ruled Tuesday.
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Man extradited from Wyoming on many charges not denied speedy trial

September 10, 2013
Dave Stafford
A man who twice escaped incarceration in Indiana and was extradited to face a multitude of charges after he was convicted in Wyoming failed to convince appellate judges he had been denied a speedy trial.
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Vigo court too hasty in tossing killer’s pro se PCR petition, panel rules

September 10, 2013
Dave Stafford
A man convicted of murder who represented himself in his post-conviction relief proceeding was wrongly denied a chance to plead his case, a panel of the Indiana Court of Appeals ruled Tuesday. The court reversed an order by Vigo Superior Judge Christopher Newton summarily denying the petition.
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Justices to take up partial consecutive sentence case

September 10, 2013
Dave Stafford
Whether state law allows a criminal defendant to receive a partial consecutive sentence may be determined by the Indiana Supreme Court, which agreed to hear a case successfully argued by a pro se litigant to the Indiana Court of Appeals.
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AG seeks to reinstate misconduct charges against former IURC chief

September 9, 2013
IL Staff
The former head of the Indiana Utility Regulatory Commission could again face criminal charges in connection with his alleged actions surrounding Duke Energy’s Edwardsport power plant in 2010.
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Volokh to argue in Brewington before justices, partake in McKinney moot court

September 9, 2013
Dave Stafford
One of the National Law Journal’s 100 Most Influential Lawyers in America will be before the Indiana Supreme Court this week to argue on behalf of a blogger convicted and sentenced for intimidating a Dearborn County judge who revoked the man’s joint custody of his children.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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