Legal News

Insurance policy v. public policy

October 7, 2015
Dave Stafford
A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.
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Remonstrators’ victories are short-lived

October 7, 2015
Marilyn Odendahl
In a string of reversals from the Indiana Court of Appeals, the judiciary seems to be saying that if a municipality indicates it will need the additional territory at some point in the future, then that is enough to allow an annexation to move forward.
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Indianapolis Red Mass highlights legal lesson of the Good Samaritan

October 6, 2015
Marilyn Odendahl
An estimated 200 attorneys, judges and law students gathered Oct. 5 to celebrate the beginning of the judicial year at the 56th annual Red Mass sponsored by the St. Thomas More Society of Indianapolis.
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Reversal reinstates negligence claim in fall on snowy hotel lot

October 6, 2015
Dave Stafford
A trial court erred in granting summary judgment in favor of hotel defendants on a negligence claim arising after a guest slipped, fell and was injured in a parking lot covered by a dusting of snow.
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Cocaine dealing conviction affirmed over jury instruction challenge

October 6, 2015
Dave Stafford
A man convicted of dealing cocaine failed to persuade the Indiana Court of Appeals to reverse due to what he claimed was an erroneous jury instruction.
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7th Circuit rejects en banc rehearing in student loan case

October 6, 2015
Dave Stafford
Whether a creditor can apply student loan rehabilitation agreement payments to collection costs is a question that split a panel of the 7th Circuit Court of Appeals three ways, but Circuit judges agreed they’ve heard enough of the matter for now.
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Attorneys: Indiana feticide conviction was absurd use of law

October 6, 2015
 Associated Press
Attorneys for an Indiana woman seeking to overturn her conviction in the death of her premature baby have argued prosecutors relied on an absurd use of the state's feticide law.
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Smoking law under review in Legislature

October 6, 2015
Marilyn Odendahl
The legislative Interim Study Committee on Public Policy will review the state’s smoking policy, including a look at e-cigarettes and an increase in the cigarette tax, at its first meeting Oct. 6.
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Ex-Secretary of State Charlie White begins serving home detention

October 6, 2015
 Associated Press
Former Indiana Secretary of State Charlie White has started serving his one-year sentence of home detention more than 3½ years after being convicted of perjury and other charges that forced him from office.
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Carmel City Council passes anti-discrimination ordinance

October 6, 2015
Lindsey Erdody, Indianapolis Business Journal
Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony.
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Familiar, divisive social issues on Supreme Court agenda

October 5, 2015
 Associated Press
The Supreme Court of the United States' new term began Monday with no cross words between the justices, although a steady stream of divisive social issues awaits them in the coming months.
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National security expert to present Bayh lecture

October 5, 2015
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law has tapped a national security expert to deliver the fourth annual Birch Bayh Lecture.
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Legal Aid Society 'Raising the Bar' event focuses on pro bono

October 5, 2015
IL Staff
Indianapolis Legal Aid Society will host “Raising the Bar,” an after-work event from 5 to 7 p.m. Wednesday that will help that agency’s mission of providing legal services to those in need.
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Indiana seeks more foster parents because of growing need

October 5, 2015
 Associated Press
The number of children in Indiana in foster care rose to 13,134 in June, up from 10,550 a year earlier, according to state records. The shortage of foster families is putting pressure on the pool of people who are licensed to foster and making it more difficult for caseworkers to find local placements.
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Death row inmate at 16, later freed, couldn't escape past

October 5, 2015
 Associated Press
Paula Cooper spent 27 years in prison for the stabbing death of an elderly Gary woman. While many forgave her, she could not forgive herself. She was released in 2013 and, earlier this year, took her own life.
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Zoeller, other attorneys general urge OK of addiction law

October 5, 2015
 Associated Press
Indiana Attorney General Greg Zoeller and 37 other attorneys general are urging the Senate to pass the Comprehensive Addiction and Recovery Act of 2015.
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SCOTUS turns away 1,600 cases as new term opens

October 5, 2015
 Associated Press
The Supreme Court of the United States opened its new term on Monday by turning away appeals in roughly 1,600 cases the justices reviewed over the summer. As is typical, the justices did not comment in rejecting the cases.
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New Indianapolis court aims to help struggling veterans

October 5, 2015
 Associated Press

A newly created Marion County court branch will handle cases involving troubled veterans who may be having difficulty adapting to civilian life.

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Rogue nurse prompts call to revisit privacy rulings

October 2, 2015
Marilyn Odendahl
Noting technology is advancing faster that privacy law, an Indiana Court of Appeals judge is urging the Indiana Supreme Court to revisit precedent regarding invasion of privacy claims.
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Indiana Supreme Court awards adult guardianship grants

October 2, 2015
Marilyn Odendahl
Nine agencies across the state have collectively received more than $400,000 from the Indiana Supreme Court to help fund volunteer-based adult guardianship programs.
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Evansville attorneys meet with future ABA president

October 2, 2015
Marilyn Odendahl
The American Bar Association president-elect Linda Klein visited with Evansville attorneys Friday to talk about how the national organization can better serve the legal profession.
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Congress passes bill easing small business health law rules

October 2, 2015
 Associated Press
Congress approved bipartisan legislation Thursday aimed at preventing premium increases that some smaller businesses were expecting next year under President Barack Obama's health care law.
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Man who slammed infant to ground charged with murder

October 2, 2015
 Associated Press
A Jay County man has been formally charged with murder after allegedly slamming his girlfriend's infant child repeatedly against the ground.
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Man sentenced for buying guns in Indiana, selling in Chicago

October 2, 2015
 Associated Press
A Chicago man convicted of helping to buy more than 40 guns in Indiana and then transporting them for sale on the streets of Chicago has been sentenced to just over three years in prison.
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LGBT anti-discrimination ordinance moves forward in Carmel

October 2, 2015
 Associated Press
A proposal that would ban discrimination based on sexual orientation and gender identity is set to go before the full Carmel City Council after being moved forward by a committee.
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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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