Legal News

7th Circuit affirms dismissal due to attempted fraud on court

September 1, 2015
Dave Stafford
A federal judge in Indianapolis rightly dismissed with prejudice a man’s age and sex discrimination complaints against his former employer because he attempted to perpetrate a fraud on the court, the 7th Circuit Court of Appeals ruled Tuesday.
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Justices take case challenging domestic battery conviction

September 1, 2015
Dave Stafford
A man’s convictions of Level 6 domestic battery and battery for his violent acts during a family reunion at a bowling alley will get a second look from the Indiana Supreme Court.
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Federal judge orders defiant Kentucky clerk, staff to court

September 1, 2015
 Associated Press
A county clerk in Kentucky who has invoked “God's authority” and is defying the Supreme Court of the United States by refusing to license same-sex marriage has been summoned along with her entire staff to explain to a federal judge why she should not face stiff fines or jail time.
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AG: Foreclosure fraud victims share $67K in relief

September 1, 2015
IL Staff
Indiana Attorney General Greg Zoeller announced 29 victims of foreclosure-rescue fraud have started receiving payments from the state’s Consumer Protection Assistance Fund.
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Indy, Evansville Red Mass events set for Oct. 5

September 1, 2015
IL Staff
The St. Thomas More Society of the Archdiocese of Indianapolis has announced that the 56th Annual Red Mass will be held Oct. 5 at 5:30 p.m. at St. John the Evangelist Catholic Church in downtown Indianapolis.
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Attorney: Former Jared Foundation chief to plead guilty

September 1, 2015
 Associated Press
An attorney said the former director of a foundation created by ex-Subway spokesman Jared Fogle will plead guilty to child pornography charges.
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Admitting evidence of ‘signature’ crime was harmless error

August 31, 2015
Dave Stafford
The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.
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COA affirms on rehearing ruling against revenue department

August 31, 2015
Dave Stafford
The Indiana Court of Appeals affirmed on rehearing Monday its opinion reversing summary judgment in favor of the Department of Revenue in a dispute over whether an award from a state agency in Marion County could be levied against a judgment in Marshall County.
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Lake Station mayor, wife go on trial in federal court

August 31, 2015
 Associated Press
The mayor of a northwestern Indiana city and his wife are going on trial on federal charges of conspiracy, wire fraud and filing false tax returns.
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Valpo ex-attorney Holesinger gets 10 years

August 31, 2015
Dave Stafford
Former Valparaiso attorney Clark Holesinger has been sentenced to 10 years in federal prison and ordered to pay nearly $1 million in restitution to clients he defrauded.
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Incomplete contempt orders get reversed

August 31, 2015
Marilyn Odendahl
A trial court’s multiple contempt orders against a father have been overturned after the Indiana Court of Appeals found they did not “clearly and distinctly” state the reasons for the contempt citations.
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Supreme Court opens door for Indiana Tech law students to apply for bar exam

August 31, 2015
Marilyn Odendahl
The Indiana Supreme Court has carved out an exception for Indiana Tech Law School, enabling the first graduating class to continue working toward state licensure.
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Professor’s sex discrimination claim properly tossed

August 28, 2015
Dave Stafford
An Indiana University Medical School professor’s sex discrimination claim filed after her firing was insufficient to survive summary judgment, the 7th Circuit Court of Appeals affirmed Friday.
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Expungement bid for 1975 crime fails at 7th Circuit

August 28, 2015
Dave Stafford

A career criminal lost his appeal before the 7th Circuit Court of Appeals that sought to throw out a 1975 conviction.

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7th Circuit stops collection of hospital assessment fee

August 28, 2015
Marilyn Odendahl
St. Catherine Hospital was successful in getting a reprieve from a dispute with the state of Indiana over the hospital assessment fee.  
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Court of Appeals green lights Boonville annexation

August 28, 2015
Marilyn Odendahl
The fourth time has proven to be a charm for the city of Boonville as the Indiana Court of Appeals is allowing the municipality to annex more than 1,000 acres over the objections of several landowners.
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COA affirms IURC has no jurisdiction over gas vendor

August 28, 2015
Dave Stafford
A northern Indiana business that filed a complaint with the Indiana Utility Regulatory Commission when its gas bills were higher than expected lost its appeal of the agency’s dismissal of the complaint Friday.
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ACLU of Indiana challenges state law banning ballot photos

August 28, 2015
 Associated Press
The American Civil Liberties Union of Indiana is challenging a new state law that prohibits voters from photographing their ballots and sharing those images on social media.
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Go-it-alone defendant has hard day in court

August 28, 2015
Marilyn Odendahl
A pro se defendant who changed his mind and asked for counsel mid-trial instead got a lesson in legal precedent.
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Pro se plaintiff wins appeal round vs. DOC

August 28, 2015
Dave Stafford
A pro se plaintiff who claimed property seized from him in a “strip cell” disciplinary action and wasn’t returned will have his day in court after the Indiana Court of Appeals reinstated his claim Friday.
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Lawmakers to study more time for creditors’ estate claims

August 28, 2015
IL Staff
An Indiana General Assembly panel next week will consider a proposal to extend the time a creditor has to bring a claim against an estate from the current limit of nine months.
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Lawyer: Former franchisee alerted Subway ad exec about Fogle

August 28, 2015
 Associated Press
A former franchisee alerted an executive in charge of Subway's advertising in 2008 about her concerns about pitchman Jared Fogle, according to her lawyer.
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Grandmother granted too much visitation time, COA rules

August 28, 2015
Dave Stafford
A paternal grandmother was properly granted visitation time with her granddaughter, but the Indiana Court of Appeals ruled Friday the court abused its discretion by awarding too much visitation time.
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Union wins closely watched labor case over who’s the boss

August 28, 2015
 Bloomberg News
More companies may be held responsible for labor-law violations committed by contractors and forced to negotiate wages and benefits with their workers under a decision by a politically split U.S. labor board.
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Award of attorney fees in wrongful death depends on existence of survivors

August 27, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Supreme Court said it was “neither absurd nor contrary to public policy” to find the state’s General Wrongful Death Statute provides different damage awards depending on survivors.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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