Legal News

Councilors question Carmel attorney's 2-week paid leave, then hefty raise

November 18, 2015
Lindsey Erdody, IBJ Staff
After going on paid administrative leave this fall, Carmel City Attorney Dough Haney received a 23 percent raise that will take effect in 2016.
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Court orders man’s probation period reduced

November 18, 2015
Jennifer Nelson
The Indiana Court of Appeals found a man’s due process rights were violated because the state couldn’t prove he was advised of his constitutional rights at his probation revocation hearing. The appeals court ordered further proceedings on the matter, including reducing his period of probation to comply with statute.
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FSSA incorrectly imposed transfer penalty on Medicaid recipient

November 18, 2015
Jennifer Nelson
Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.
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Justices weigh whether state RICO-inspired statute applies to street crimes

November 18, 2015
Dave Stafford
Ashonta Kenya Jackson was the wheelman, driving a getaway car while younger men robbed an Anderson liquor store twice in a month and held up a bank. Is he a racketeer?
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Suit: Nonprofit took improper fees from special needs trusts

November 17, 2015
 Associated Press
An Indianapolis nonprofit is accused in a lawsuit of taking millions of dollars in excessive fees from trusts owned by people with disabilities.
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Annual dollar campaign taking ‘more scientific’ approach

November 17, 2015
Marilyn Odendahl
Indianapolis Legal Aid Society is kicking off its annual holiday fundraiser this week, hoping to raise $175,000 to $200,000.
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Federal court issues decorum order for Fogle sentencing

November 17, 2015
IL Staff
The federal courtroom where former Subway pitchman Jared Fogle will be sentenced Thursday morning will be a cellphone-free zone, according to a decorum order issued in the case late Monday.
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GOP legislator resigning year after costly re-election win

November 17, 2015
 Associated Press
A Republican state legislator is resigning his seat a year after winning a re-election campaign that cost nearly $500,000.
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Gary man charged with killing 2 seeks to represent himself

November 17, 2015
 Associated Press
A northwest Indiana man charged with strangling two women and who could face the death penalty if convicted is asking a judge to allow him to represent himself during the trial.
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Pence says he hasn't reviewed GOP bill on LGBT rights

November 17, 2015
 Associated Press
Republican Gov. Mike Pence says he has not reviewed a GOP proposal to address LGBT rights as well as religious protections during the coming legislative session.
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Farmer with wandering cattle will have to build fence himself

November 16, 2015
Marilyn Odendahl
A Starke County farmer who wanted to keep his cattle from roaming onto neighboring farms will have to pay for the entire fence to be built, the Indiana Court of Appeals has ruled.
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Pence designates November as 'adoption awareness' month

November 16, 2015
 Associated Press
Gov. Mike Pence has declared November is Adoption Awareness Month in Indiana. The Republican governor and first lady Karen Pence are hosting an adoption fair at the Statehouse between 4 and 6 p.m. Monday.
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Heft not enough to justify insurer deals, top DOJ lawyer says

November 16, 2015
 Bloomberg News
Health companies saying they need to consolidate to preserve their heft when negotiating with service providers isn’t enough to justify mergers, a top U.S. antitrust enforcer said Friday in comments that could hint at the Justice Department’s thinking on two major health insurance deals.
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Longest-serving attorney Alexis ‘Alex’ Cholis dies

November 16, 2015
IL Staff
Indiana’s longest-practicing attorney passed away recently. Alexis “Alex” P. Cholis, of South Bend, died Nov. 8 at 99. He formally retired in 2013, more than 71 years after he was admitted to the Indiana bar.
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GOP, Democratic leaders to preview Indiana session

November 16, 2015
 Associated Press
Leaders in Indiana's House and Senate are set to speak at a forum today where they will give a glimpse of issues on the horizon during the upcoming legislative session.
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Court won't hear case over grant to Planned Parenthood

November 16, 2015
 Associated Press
The Supreme Court of the United States rejected an anti-abortion group's bid to force disclosure of confidential Planned Parenthood and federal government records about a contract for family planning services in New Hampshire.
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Texas A&M sues NFL's Colts for '12th Man' trademark offense

November 13, 2015
 Associated Press
Texas A&M University filed a federal lawsuit Thursday against the NFL's Indianapolis Colts that university officials say is meant to protect their 12th Man trademark.
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Temporary tag in rear window gets conviction tossed

November 13, 2015
Marilyn Odendahl
A Hendricks County Sheriff’s deputy’s ignorance of where a temporary license plate can be displayed on a car led the Indiana Court of Appeals to overturn a drunken-driving conviction.
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Split COA orders refund of $12K in foreclosure deficiency payments

November 13, 2015
Dave Stafford
A Court of Appeals panel wrote Friday that justice demands an attack on an improper 2009 garnishment order and a refund to a couple that paid $50 a week in deficiency payments after losing their home to foreclosure.
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Prosecutors seek 12½ years for ex-Subway spokesman Fogle

November 13, 2015
 Associated Press
Jared Fogle’s attorneys asked a judge for leniency Thursday, saying in court documents that the former Subway pitchman “is profoundly sorry” as he awaits sentencing on child pornography and sex-crime charges.
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Appeals court rules for teachers on pay issues

November 13, 2015
Dave Stafford
Jay Classroom Teachers Association prevailed Friday in an appeal contesting terms of a teachers’ contract adopted as the last best offer from Jay School Corporation.
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Lack of evidence leads COA to reverse probation violation

November 13, 2015
Dave Stafford
A Franklin County man who was ordered to spend five months in the Department of Correction after an alleged probation violation won a reversal of the trial court order Friday for lack of evidence.
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Judge calls out DLGF ‘infirmities’ in ruling for township, fire district

November 13, 2015
Dave Stafford
Indiana Tax Court Judge Martha Blood Wentworth had a few choice words for the Department of Local Government Finance in finding the state hadn’t answered the key question in a township’s tax appeal.
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Comment sought on local bankruptcy rules

November 12, 2015
IL Staff
The U.S. Bankruptcy Court for the Southern District of Indiana is accepting comments on proposed changes to its local rules. The changes primarily update references to the national forms.
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Hotels must pay EEOC legal fees for contempt of consent decree

November 12, 2015
Dave Stafford
Companies that own an east side Indianapolis hotel have been ordered to pay the Equal Opportunity Employment Commission $57,248 in attorney fees and costs after violating a consent decree settling a race discrimination lawsuit.
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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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