Legal News

Indiana shares in Google cookie settlement

November 18, 2013
IL Staff
Indiana is one of 28 states that will share in a $17 million settlement agreement with Google Inc. over its unauthorized placement of cookies on computers using Apple’s Safari Web browsers in 2011 and 2012.
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COA permits Knightstown to abolish town court

November 18, 2013
Marilyn Odendahl
A battle between a town council and a judge over the fate of the local town court was stopped with the Indiana Court of Appeals noting the Indiana Legislature tends not to enact statutes that produce “unjust or absurd results.”
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Appeals on Wheels takes search case to Indianapolis high school

November 18, 2013
IL Staff
Questions of whether evidence should be suppressed in a marijuana possession case will be heard in an Appeals on Wheels oral argument Tuesday afternoon at Lawrence North High School.
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Survey: Departing partners usually short-timers

November 18, 2013
IL Staff
A national survey of lateral legal transition released Monday found that 53 percent of partners who left law firms had been there fewer than six years.
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Second session of 118th General Assembly begins Tuesday

November 15, 2013
IL Staff
The Indiana General Assembly will mark the official start of the 2014 legislative session with Organization Day on Nov. 19.
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IU Maurer professor offers recommendations for reforming the NSA

November 15, 2013
IL Staff
To prevent the National Security Agency’s continued illegal surveillance and collection of metadata on foreign and domestic individuals, legal scholar Fred Cate is recommending more transparency and increased monitoring.
 
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Justices affirm trucker’s cocaine-dealing convictions

November 15, 2013
Dave Stafford
The Indiana Supreme Court unanimously affirmed the cocaine-dealing convictions of a truck driver who challenged the state police stop that led to discovery of the drugs and claimed he was denied a speedy trial.
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Kraft prevails in Cracker Barrel fight

November 15, 2013
Dave Stafford
Not coming soon to a grocery store near you: food products from Cracker Barrel Old Country Store restaurants.
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COA: Food odors don’t support granting preliminary injunctive relief

November 14, 2013
Jennifer Nelson
In a dispute over smells from a produce business drifting into neighboring businesses, the Indiana Court of Appeals affirmed that the manager of the shopping plaza is not entitled to preliminary injunctive relief for cooking foods without proper ventilation.
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Injured woman’s insurance policy provisions are in direct conflict

November 14, 2013
Jennifer Nelson
The Indiana Court of Appeals Thursday agreed with a couple that their auto insurance policy is ambiguous because the two-year contractual limitation provision conflicts with another provision requiring full compliance with the contract.
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Courts to allow cameras for National Adoption Day

November 14, 2013
IL Staff
Selected courts around Indiana have been granted permission through an order of the Indiana Supreme Court to allow cameras to record and broadcast events in observation of National Adoption Day.
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Judicial nominating commission vote extended to Dec. 3

November 14, 2013
Dave Stafford
Because an untold number of attorneys eligible to vote for a lawyer member of the Judicial Nominating Commission didn’t receive ballots in the mail, the voting deadline has been extended.
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Partially bifurcating trial prevented prejudice

November 13, 2013
Marilyn Odendahl
A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.
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Justices affirm dismissal of Logansport power plant suit

November 13, 2013
Dave Stafford
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
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Sen. Landske diagnosed with lung cancer, will stay in office

November 13, 2013
IL Staff
Indiana State Sen. Sue Landske (R-Cedar Lake) announced Wednesday that she will undergo treatment for lung cancer but intends to continue to serve after almost 30 years in the Senate.
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Possible improper use of risk assessment in sentencing not enough for remand

November 13, 2013
Marilyn Odendahl
A man convicted of child molesting and incest will not get a chance to have his 99-year sentence reduced. The Indiana Court of Appeals ruled Wednesday that even though the trial court may have abused its discretion, the sentence was not inappropriate.
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Justices affirm rejection of tendered jury instruction

November 13, 2013
Dave Stafford
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
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Drug-dog sniff after traffic stop was rightly suppressed

November 13, 2013
Dave Stafford
A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.
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Increased bail is abuse of discretion, panel rules

November 13, 2013
Dave Stafford
A trial court abused its discretion when it raised a defendant’s bail in a meth possession case, the Indiana Court of Appeals ruled Wednesday.
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COA rules preliminary injunction wrongly extended noncompete agreement

November 13, 2013
Marilyn Odendahl
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
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Justices to hear convictions reversed due to prosecutor’s arguments

November 12, 2013
Dave Stafford
The case of a man whose two convictions of sexual misconduct with a minor were reversed on appeal because of a prosecutor’s overzealous arguments will go to the Indiana Supreme Court.
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Judge rejects interlocutory appeal in Marion Superior judiciary challenge

November 12, 2013
Dave Stafford
A federal judge has denied the state of Indiana’s motion for an interlocutory appeal, signaling that a trial probably won’t be needed in a lawsuit challenging the constitutionality of how Marion Superior judges are elected.
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Justices reject Spierer-obsessed man’s appeal of gun confiscation

November 12, 2013
Dave Stafford
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
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7th Circuit blocks Obamacare ‘contraception mandate’

November 11, 2013
Dave Stafford
Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.
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Allen County courts join forces to establish new veterans’ court

November 11, 2013
Marilyn Odendahl
Allen County will gavel in its veterans’ court Nov. 12 and join a growing list of Indiana jurisdictions creating the problem-solving court especially to serve military veterans.
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  2. 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.

  3. 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.

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

  5. 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.

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