Legal News

Judges affirm DOE can counterclaim for repayment of student loans

October 28, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court that the U.S. Department of Education’s counterclaim for loan repayment, filed in a man’s lawsuit seeking to not have to repay his student loans, is not barred.
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COA agrees sellers must pay $280,000 in damages for ‘downright dangerous’ home

October 27, 2014
Jennifer Nelson
A couple who sold a house they built themselves that contained numerous structural issues is on the hook for $280,000 to the buyers of the home. The Court of Appeals found that the sellers made misrepresentations on their real estate sales disclosure form.
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Judges affirm Indiana retailer owes Levi’s $315,000 after violating policies

October 27, 2014
Jennifer Nelson
An Indiana company that operates a website selling jeans must pay Levi Strauss North America more than $315,000 after the company violated Levi’s Internet policies for distributors.
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COA: Court must rule on incarcerated father’s request for counsel

October 27, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the adoption of a child by the maternal grandparents after finding the trial court violated the father’s due process rights when it did not rule on his request for counsel.
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Indiana Legal Services still planning to hire new executive director by year’s end

October 27, 2014
Marilyn Odendahl
Still set on hiring a new executive director by the end of the year, Indiana Legal Services Inc. has narrowed it search to six candidates.
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Justices order COA to reconsider dismissed termination appeals

October 27, 2014
Jennifer Nelson
In light of a September ruling in which the Indiana Supreme Court held it had jurisdiction to entertain a biological father’s appeal of an adoption, the justices granted transfer and ordered the Court of Appeals to reconsider two cases.
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Judge rejects sentence modification for ex-cop

October 27, 2014
 Associated Press
A southern Indiana judge has rejected a sentence modification for a former police officer convicted of pointing a gun at his girlfriend during a confrontation in front of his two children.
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Acquitted ex-Ind. trooper sues police, prosecutors

October 27, 2014
 Associated Press
A former Indiana State Police trooper acquitted in the slayings of his wife and two children has sued prosecutors, investigators and others for false imprisonment and other counts.
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Judges reject property owner’s interpretation of tax sale statute

October 24, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed that the purchaser of property in a tax sale substantially complied with the statutory requirement that the owner of record is notified about the buyer’s intent to petition for a tax deed.
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Simon CEO's bonus reversal still triggers investor suit

October 24, 2014
 Bloomberg News
Seeking to avoid investor litigation, Simon Property Group Inc. earlier this year eliminated a $120 million stock award to Chief Executive Officer David Simon in favor of a performance-based bonus. Now the company and its directors have been sued anyway.
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Student sues Megabus over crash near Indianapolis

October 24, 2014
 Associated Press
A student at Indiana University-Purdue University Indianapolis claiming permanent injuries from a Megabus crash on Interstate 65 is suing the carrier.
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Judge questions $75M NCAA concussion settlement

October 23, 2014
 Associated Press
A federal judge overseeing a first-of-its-kind head injury settlement with the NCAA expressed concerns Thursday about some terms and the scope of the $75 million deal that encompasses all athletes going back decades.
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Legislative committee recommends making annexations more difficult

October 23, 2014
Marilyn Odendahl
The legislative committee examining Indiana’s annexation laws underscored how complex and difficult the issue is when committee members looked at the laws Wednesday. The members took a third of the time allotted for the meeting to decide that a remonstrance should succeed if a simple majority of property owners oppose a municipality’s effort to incorporate their land.
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Democrats push to be on Marion County judge ballot

October 23, 2014
Dave Stafford
Marion County Superior judge elections ruled unconstitutional this month should not proceed Nov. 4 as the current ballot is drawn, according to court pleadings from candidates who were left out of the general election.
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Alternate theories disallowed in trial on 4 deaths

October 23, 2014
 Associated Press
A judge is blocking testimony about other possible suspects during the trial of a man charged with killing four people in a southern Indiana home.
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Man suspected of killing 7 refuses to answer judge

October 23, 2014
 Associated Press
A man who allegedly confessed to killing seven women in Indiana refused to speak or even acknowledge his name to a judge Wednesday, and a sheriff explained later that the suspect was upset his hearing was in open court before dozens of journalists.
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Charges filed in 2nd case in Gary killings

October 22, 2014
 Associated Press
A man who told police he killed seven women in Indiana now faces charges in a second death.
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Zoeller details casino millions funneled to E. Chicago pols

October 22, 2014
Dave Stafford
A former Indiana Democratic Party chairman and a longtime Lake County political activist enriched themselves with millions of dollars in casino revenue, Indiana Attorney General Greg Zoeller announced Wednesday, closing the book on long-running litigation that resulted in a $154,042 settlement payment to the city of East Chicago.
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COA affirms seizure of gun from apartment without search warrant

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed a man’s misdemeanor handgun charge after finding the police did not need a search warrant to retrieve the gun after the man placed it inside an apartment in view of the officers.
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COA: Bank should be allowed to intervene in foreclosure matter

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of JPMorgan Chase Bank’s motion to intervene in a homeowners association’s attempt to foreclose on a home to fulfill a judgment. The COA found that the bank did not have actual notice of a pending action against the homeowner in 2007, as the association argued.
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COA: Gas station did not commit spoliation regarding mat

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.
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Justices rule on ‘exhaustion rule’ issue

October 22, 2014
Jennifer Nelson
The Indiana Supreme Court tackled issues of first impression Wednesday involving peremptory challenges and removing jurors for cause. The justices held that parties satisfy the “exhaustion rule” the moment they use their final peremptory challenge – regardless of whom they strike.
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Majority reverses termination of incarcerated father’s parental rights

October 22, 2014
Jennifer Nelson
Finding the state did not prove that the parental rights of a man – who learned he was a father while incarcerated pending trial – should be terminated, two of the three judges on a Court of Appeals panel reversed.
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Judges say Circuit split requires clarification from sentencing commission

October 22, 2014
Jennifer Nelson
A panel of judges on the 7th Circuit Court of Appeals affirmed a man’s 117-month prison sentence on drug and weapons charges, but two judges believed the case should have been heard en banc based on the importance of a sentencing issue.
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Court reverses $1,660 attorney fee award in parenting time action

October 22, 2014
Jennifer Nelson
Because there is nothing in the record to show the court considered the resources of the parties when it awarded a guardian $1,660 in attorney fees, the Indiana Court of Appeals reversed Wednesday.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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