Legal News

In tossing discrimination case, 7th Circuit confronts state immunity claims

August 9, 2013
Dave Stafford
An Indiana Department of Health lab worker’s claim that he was fired because of his age, race or gender was rightly rejected by the District Court, the 7th Circuit Court of Appeals ruled Friday.
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Time spent in federal custody does not interfere with right to speedy trial

August 9, 2013
Marilyn Odendahl
A defendant’s repeated incarcerations in other jurisdictions did not interfere with his right to a speedy trial in Indiana.
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Burglary, criminal mischief sentences double jeopardy, split COA rules

August 9, 2013
Dave Stafford
A man ordered to serve 18 years in prison will be resentenced after an Indiana Court of Appeals panel ruled Friday that his convictions of Class C felony burglary and Class A misdemeanor criminal mischief constituted double jeopardy.
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Indiana law firms named among best for women

August 9, 2013
IL Staff
Three law firms based in Indiana or with offices in the state are among the 50 Best Law Firms for Women in the annual list compiled by Working Mother and consulting firm Flex-Time Lawyers LLC.

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Single sewer lien not enough to bring foreclosure

August 8, 2013
Marilyn Odendahl
Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.
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McKinney student to take final tee shot to end 2,900-mile journey

August 8, 2013
Marilyn Odendahl
After 96 days of whacking a golf ball, Luke Bielawski will hit a final shot into the Atlantic Ocean Saturday.
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Judge: Conour to stay behind bars before sentencing

August 8, 2013
Dave Stafford
Former attorney William Conour will remain jailed pending his sentencing in a little more than two months, a federal judge has ruled.
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Justices revive malpractice suit alleging doctor’s failure to warn patient not to drive

August 8, 2013
Dave Stafford
A medical malpractice suit arising from a debilitating head-on automobile crash should not have been disposed of through summary judgment in favor of the doctor, the Indiana Supreme Court ruled Thursday. Justices reversed the order and sent the case back to the trial court.
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Dispute over Uptown Business Center in SoBro gets messier

August 7, 2013
Scott Olson, IBJ Staff
A months-long court feud over a retail building at the southwest corner of 49th Street and College Avenue in Indianapolis has become even more heated now that the owner has sought bankruptcy in an attempt to delay foreclosure on the structure.
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Judge tosses one of two stent patent suits against Cook Medical

August 7, 2013
Dave Stafford
A federal judge Wednesday dismissed a patent dispute case against Cook Medical Inc. of Bloomington, but a Texas corporation continues to press its claim that the device maker infringed its patents on blood vessel stents and grafts.
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Muncie church did not invade on grieving couple’s privacy

August 7, 2013
Marilyn Odendahl
A church that issued a press release and held a press conference following the sudden death of a baby boy was found to not have interfered with the parents’ reasonable expectation of solitude and seclusion. 
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Holiday World family takes dispute to Court of Appeals

August 6, 2013
Marilyn Odendahl
An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.
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Seizure of guns upheld for ‘dangerous’ man who stalked Spierer site

August 6, 2013
Dave Stafford
A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.
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Dismissal, jury verdict for Alcoa in cancer suit stand on appeal

August 6, 2013
Dave Stafford
A couple who sued an aluminum manufacturer and claimed their exposure to toxic chemicals led to the husband’s rare form of liver cancer lost their appeal Tuesday.
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Shepard task force paper cites ‘deeply flawed’ legal ed funding system

August 6, 2013
Dave Stafford
Former Indiana Chief Justice Randall T. Shepard’s task force looking at the future of legal education financing sees a “deeply flawed” system, according to a working paper presented at this week’s annual meeting of the American Bar Association in San Francisco.
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Clerk responds to attorneys’ concerns about personal security

August 6, 2013
Dave Stafford
Attorneys’ concerns over personal security have prompted the Indiana Clerk of Courts to offer an opt-out feature when updating attorney registrations on its registration portal.
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Habeas writ reverses resentencing from divided COA

August 6, 2013
Dave Stafford
A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.
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Attorney general sues AT&T for suspending injured workers

August 5, 2013
Dan Human
AT&T’s Indiana operating company faces a discrimination lawsuit from the Indiana Department of Labor for suspending three workers, allegedly because they reported work-related injuries.
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Hole in tail lamp no cause for traffic stop, appeals panel rules

August 5, 2013
Dave Stafford
An Indiana State Police trooper who pulled over a Jeep because a hole in its tail lamp emitted white light lacked probable cause to initiate the traffic stop that resulted in drunken-driving charges.
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Judge clears IU to donate $450,000 for Conour victim restitution

August 5, 2013
Dave Stafford
A judge last week approved an order clearing the way for Indiana University to transfer $450,000 to a federal court restitution fund for victims of former personal-injury and wrongful-death attorney William Conour.
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Indianapolis loses attorney and civic leader Edgar Lamb

August 5, 2013
IL Staff
An attorney who played an integral role in consolidating the governments of the city of Indianapolis and Marion County, which made the Hoosier state capital the 11th largest city in the United States, has died.
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Shuai pleads guilty to lesser charge, is freed

August 2, 2013
Dave Stafford
The Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.
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Shuai pleads guilty to criminal recklessness

August 2, 2013
Dave Stafford
A Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died has pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.
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Indiana takes lead in asking SCOTUS to reverse legislative prayer ban

August 2, 2013
Dave Stafford
Indiana and Texas are the lead authors of an amicus brief filed Friday that asks the U.S. Supreme Court to reverse a 2nd Circuit Court of Appeals ruling banning legislative prayer at the beginning of a government meeting.
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Recusal question occupies 7th Circuit in District Court’s dismissal of habeas petition

August 2, 2013
Marilyn Odendahl
Although a prisoner filed his habeas petition late, the 7th Circuit Court of Appeals ruled the District Court should not have dismissed it on procedural grounds.
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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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