Legal News

Evansville lawyer Berger elected to nominating commission

November 30, 2015
IL Staff
Evansville personal-injury lawyer Charles L. Berger easily won election in a field of four candidates to join the Judicial Nominating Commission. Berger’s term will begin in January.
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Judge issues $50M judgment against Elkhart environmental nuisance

November 25, 2015
Dave Stafford
Residents who live near a waste dump and wood-waste processing facility in Elkhart won a default judgment of more than $50 million against the former owners. The sum appears largely a symbolic figure, however.
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Panel to examine the loss of privacy

November 25, 2015
Marilyn Odendahl
An upcoming panel discussion will detail how the growth of technology has made privacy not so private anymore.
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Obama’s immigration plan hinges on top US court deadline clash

November 25, 2015
 Bloomberg News
The U.S. Supreme Court is poised to resolve a procedural dispute that may foreshadow the fate of President Barack Obama’s stalled deferred-deportation program.
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Uber expense may grow as US drivers seek 57.5 cents a mile

November 24, 2015
 Bloomberg News
Fifty seven and a half cents for every mile logged. That’s the latest demand from Uber Technologies Inc. drivers in California suing to be treated like employees.
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Lawsuit: Indy used car dealer deceived consumers

November 24, 2015
Indianapolis Business Journal
Indianapolis used car dealer Circle City Auto Exchange Inc. and two of its affiliates were sued by the state Monday for allegedly selling “total loss” vehicles to customers without disclosures, charging unfair prices and offering "useless" warranties, the Indiana attorney general's office announced.
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COA: Court properly denied father’s motions in termination case

November 23, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the termination of a father’s rights over his young son Monday, finding the trial court acted within its discretion when it denied his motions for a continuance and order to transport from where he was incarcerated to the Indianapolis court.
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COA reverses sentence imposed after failed drug program completion

November 23, 2015
Jennifer Nelson
A man who was ordered to serve 20 years – the maximum sentence for a Class B felony – after not completing a drug court program due to smoking Spice will be resentenced. The Indiana Court of Appeals found the trial court selected his sentence based on his failure to complete the program.
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Indiana county to allow Nativity scene with Bill of Rights

November 23, 2015
 Associated Press
A southeastern Indiana county that was at the center of a legal battle over a Nativity scene on its courthouse lawn will allow a mix of religious and secular displays this holiday season, including a manger holding the Bill of Rights.
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2 men charged with murder in killing of pastor's wife

November 23, 2015
 Associated Press
Two men were charged Monday with murder in the fatal shooting of a pastor's pregnant wife during an apparent break in of their Indianapolis home, court records show.
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‘Chic’ Born retiring after 45-year career

November 23, 2015
Marilyn Odendahl
Saying “it’s time,” Indianapolis attorney Samuel “Chic” Born is retiring from the practice of law at year's end.
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Vacancy opens up on St. Joseph County bench

November 20, 2015
IL Staff
St. Joseph Superior Judge Jerome Frese is retiring early next year, opening up a spot on the bench. The St. Joseph County Judicial Nominating Commission will hold interviews with candidates in late December.
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Ex-jewelry store operators lose tax appeal

November 20, 2015
Jennifer Nelson
The operators of a former jewelry store in central Indiana were unable to convince the Indiana Tax Court they are entitled to more than $160,000 in sales tax refunds.
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COA: Man’s threat to officers not intimidation

November 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held Friday that a man who threatened to shoot officers dispatched to his home did not commit intimidation as defined by the statute.
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Oracle says judge's expert biased in $1B Google-Java case

November 20, 2015
 Bloomberg News
Oracle Corp. says it can’t get a fair shake from an economics professor serving as a damages expert in its billion-dollar court battle with Google over the Java platform.
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Allen County settles suit over length of detainments at jail

November 20, 2015
 Associated Press
Allen County leaders have approved a roughly $638,000 settlement of a class-action lawsuit claiming 962 people were detained too long in the county jail.
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Indiana man's murder trial in wife's death ends in hung jury

November 20, 2015
 Associated Press
A murder trial for a northwestern Indiana man accused of killing his wife has ended with a hung jury.
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Opaque military justice system shields child sex abuse cases

November 19, 2015
 Associated Press
More inmates are in U.S. military prisons for sex crimes against children than for any other offense, an Associated Press investigation has found, but an opaque justice system prevents the public from knowing the full scope of the crimes or how much time the prisoners spend behind bars.
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Lawyers: NFL concussion deal excludes central brain injury

November 19, 2015
 Associated Press
Lawyers appealing the NFL's $1 billion plan to address concussion-linked injuries in former players asked a court Thursday to reject the settlement because it excludes what they call the signature brain disease of football.
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HIP payments not negotiated; Stanley not applicable

November 19, 2015
Jennifer Nelson
Medical payments made by the Healthy Indiana Plan for a woman involved in a car accident to reimburse her medical providers in full satisfaction of hospital bills were properly excluded at trial, the Court of Appeals held Thursday. The trial court correctly ruled that those payments are barred by the collateral source statute and that Stanley v. Walker does not apply.
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Fogle sentenced to 15 years for pornography, sex crimes

November 19, 2015
 Associated Press,  Bloomberg News
A judge on Thursday sentenced former Subway pitchman Jared Fogle to 15 years and eight months in federal prison — even more than requested by prosecutors — for trading in child pornography and having sex with underage prostitutes.
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Percentage of African-American associates continues to decline

November 19, 2015
IL Staff
The percentage of African-American associates at law firms has declined each of the last six years, a trend NALP Executive Director James Leipold calls “distressing.”
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‘Dumping Ground’ juvenile justice documentary debuts tonight

November 19, 2015
IL Staff
A documentary following an Indiana teen with an IQ of 40 and others who were abandoned by their parents and ended up behind bars will debut on public television tonight.
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Legal experts urge caution as tribes enter pot business

November 19, 2015
 Associated Press
Tribes across the U.S. are finding marijuana is risky business nearly a year after a Justice Department policy indicated they could grow and sell pot under the same guidelines as states.
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Suspected killer cancels request to represent himself

November 19, 2015
 Associated Press
A northwest Indiana man charged with strangling two women has decided not to represent himself during his upcoming trial.
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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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