Legal News

Court erred in concluding it lacked jurisdiction over military husband

May 7, 2015
Jennifer Nelson
The Indiana Court of Appeals sent a divorce case back to the trial court Thursday because the trial court erred in concluding that it lacked jurisdiction over the husband on division of property and spousal maintenance issues.
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Auto theft conviction of man who did not return rental car upheld

May 7, 2015
Jennifer Nelson
A Porter County man convicted of auto theft argued that his failure to return a rental car was a civil case and misunderstanding with the rental company, but the Court of Appeals upheld his Class D felony conviction.
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IU Maurer to hold Baier naming ceremony Friday

May 7, 2015
IL Staff
Indiana University Maurer School of Law will hold a dedication ceremony for the law school building Friday, which is being renamed Baier Hall in recognition of alum Lowell E. Baier. Baier recently made a $20 million estate gift to the Bloomington law school.
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2nd Circuit: NSA phone record collection is excessive

May 7, 2015
 Associated Press
The bulk collection of Americans' phone records by the government exceeds what Congress has allowed, a federal appeals court said Thursday as it asked Congress to step in and decide how best to protect national security and privacy interests.
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New magistrates approved for 7 counties

May 6, 2015
Marilyn Odendahl
Seven Indiana counties have been given approval to appoint new magistrate judges to their local courts. Gov. Mike Pence signed House Enrolled Act 1110 on May 5.
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Bock receives Center for Public Trust ethics honor

May 6, 2015
Dave Stafford
Indianapolis attorney and U.S. Anti-Doping Agency general counsel William Bock III, who was part of the team that exposed cyclist Lance Armstrong's use of performance-enhancing substances, is one of four Americans selected to receive an award recognizing ethical leadership in the business and professional communities.
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Pacquiao's next fight looms in Vegas court over bum shoulder

May 6, 2015
 Bloomberg News
Manny Pacquiao went into the richest match in boxing history without telling fans and gamblers he had a bum shoulder. Now he faces a fight in court.
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Do-over expected to bring same result in contraception case

May 6, 2015
Marilyn Odendahl
In a second round of oral arguments regarding the University of Notre Dame’s challenge to the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals not only remained dubious of the school’s assertions but also seemed perplexed as to why the case came back to the court.
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Jury is out on Indiana Tax Court

May 6, 2015
Dave Stafford
The Indiana Supreme Court on April 20 appointed a task force to study the work volume, operations and performance of Indiana’s Tax Court, created in 1986 by the Legislature to remove the intricate tax cases from state trial courts.
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Indiana attorney disbarred by Supreme Court for 'profoundly disturbing' behavior

May 6, 2015
Dave Stafford
R. Mark Keaton lost his license to practice law recently, but that hasn’t stopped him from continuing his vendetta against a woman who ended what the Indiana Supreme Court called “a tempestuous long-distance relationship.”
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Parents of autistic children gird for showdown with Anthem

May 6, 2015
IBJ Staff, J.K. Wall
A showdown is brewing over autism therapy in Indiana. After an Elkhart couple with an autistic son sued Indianapolis-based health insurer Anthem Blue Cross and Blue Shield in April, autism families around the state have started a campaign to get Anthem to change its policy for covering therapy for school-age children.
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Graham takes oath

May 6, 2015
IL Staff
Bankruptcy Judge Jeffrey Graham recently took the oath.
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7th Circuit wants rationale for sentence

May 5, 2015
Marilyn Odendahl
A defendant was unable to get his revocation of probation overturned, but he is heading back to court for another sentencing after the District judge failed to give reasons for imposing a two-year jail term.
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Deaf litigant’s ADA case proceeds, minus state defendants

May 5, 2015
Dave Stafford
A judge has dismissed state defendants from a lawsuit brought by a deaf man who was denied a court-appointed interpreter during a mediation, but his lawsuit against the Marion Circuit Court will proceed.
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Indiana lawmakers could meet in June for technical session

May 5, 2015
 Associated Press
Indiana lawmakers could return to the Statehouse next month to correct errors in new statutes or override a veto by the governor.
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Pence signs bill tightening Indiana's state ethics laws

May 5, 2015
 Associated Press
Indiana Gov. Mike Pence has endorsed an overhaul of state ethics laws that requires greater financial disclosure by lawmakers and expressly prohibits elected officials from using state resources for political purposes.
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Website domain dispute pulled from justices’ calendar

May 5, 2015
Dave Stafford
A dispute over a website address that had been scheduled for oral arguments Wednesday before the Indiana Supreme Court has been settled, an attorney involved in the case said.
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New law will give immunity to volunteer medical workers

May 5, 2015
 Associated Press
Doctors, nurses and other health care providers will have civil immunity for their volunteer work under a new Indiana law.
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Indiana Supreme Court approves amended pro bono reporting rule

May 4, 2015
Marilyn Odendahl
The Indiana Supreme Court has amended the state’s new pro bono reporting rule, narrowing the focus to measuring only the direct representation given to indigent litigants.
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Justices to review ruling for father of fatally injured moped rider

May 4, 2015
Dave Stafford
The Indiana Supreme Court will hear a case, stemming from a fatal crash, in which the trial court and Court of Appeals reached different results.
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Judge allows woman's suit over jail miscarriage to proceed

May 4, 2015
 Associated Press
A federal judge has ruled that a northern Indiana woman can proceed with her lawsuit alleging negligence in a miscarriage she suffered while in custody.
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Central Indiana county seeks to develop work release program

May 4, 2015
 Associated Press
Officials in a central Indiana county are seeking to develop a community work release program that would keep the jail from becoming overcrowded and could save taxpayers the expense of having to expand or eventually build a new jail.
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Split 7th Circuit allows death penalty challenge asserting intellectual disability

May 4, 2015
Dave Stafford
A killer sentenced in Texas and awaiting execution on federal death row in Terre Haute will be allowed to proceed with efforts to present new evidence of intellectual disability that would make him ineligible for capital punishment, a 7th Circuit Court of Appeals en banc review determined in a 6-5 opinion.
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Legislation protects county assessments on big-box stores

May 4, 2015
Kathleen McLaughlin, IBJ Staff
A new measure on the taxation of big-box stores is expected to help Indiana counties avoid fiscal disaster, but national retailers aren't happy about it.
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Religious freedom turmoil likely to spill into next year

May 4, 2015
 Associated Press
The colorful fliers passed out by aides to Indiana Gov. Mike Pence and House Speaker Brian Bosma last week highlighted what both called numerous accomplishments of this year's legislative session.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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