Legal News

COA to hear oral arguments in Bloomington this week

May 15, 2017
IL Staff
The Indiana Court of Appeals is headed to Bloomington this week to hear oral arguments in a case involving a question of duty of care to a construction worker injured while working on an Indiana University construction project.
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Last class graduates from Indiana Tech Law School

May 15, 2017
Marilyn Odendahl
Waiting for graduation ceremonies to begin Saturday morning, Philip Davis summed up his place in the university’s history — at age 60, he is the oldest student who has ever graduated and ever will graduate from Indiana Tech Law School.
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High court backs bids to collect outdated debt in bankruptcy

May 15, 2017
 Bloomberg News
A divided U.S. Supreme Court has ruled that debt collectors can use bankruptcy proceedings to try to collect liabilities that are so old the statute of limitations has expired.
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Ex-gymnast: Sex assault by Michigan doctor was 'humiliating'

May 15, 2017
 Associated Press
A former gymnast testified Friday that she turned to a prominent Michigan sports doctor for treatment of back problems as a teenager, but instead was repeatedly molested. The woman said the assaults have haunted her for nearly two decades and had a lasting impact on every aspect of her life.
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Long court fight possible over planned 2M hen farm

May 15, 2017
 Associated Press
An attorney says it could take a year to resolve a lawsuit by residents seeking to stop a proposed egg farm that could have up to 2 million hens in rural southwestern Indiana.
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COA to hear legal malpractice appeal

May 12, 2017
IL Staff
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
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Supreme Court to hear whistleblower case against IDEM

May 12, 2017
IL Staff
A former state employee who claims she was fired for blowing the whistle on questionable payment practices in the Indiana Department of Environment Management will bring her case before the Indiana Supreme Court next week, when she will urge the justices to allow her complaint against the state agency to continue.
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ABA advises ‘reasonable efforts’ to protect client data

May 12, 2017
IL Staff
A new ethics opinion from the American Bar Association is calling on attorneys to make “reasonable efforts” to ensure their electronic attorney-client communications are not subject to inadvertent or unauthorized disclosure.
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Symphony denies wrongdoing by conductor Urbanski, leadership

May 12, 2017
Lindsey Erdody, Indianapolis Business Journal
Indianapolis Symphony Orchestra is defending its conductor and leaders, describing claims of age discrimination and harassment made by a tenured musician as “outlandish” and “baseless.”
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Trump launches commission to investigate voter fraud

May 12, 2017
 Associated Press
President Donald Trump signed an executive order Thursday launching a commission to review alleged voter fraud and voter suppression, building upon his unsubstantiated claims that millions of people voted illegally in the 2016 election.
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Man uses plastic bat to defend son from goose, gets ticket

May 12, 2017
 Associated Press
An Indianapolis man says he shouldn't have been ticketed for using a plastic bat to protect his 4-year-old son from an aggressive Canada goose.
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Anthem abandons battle for Cigna after court deals blow to deal

May 12, 2017
 Bloomberg News
Anthem Inc.’s nearly two-year effort to buy rival insurer Cigna Corp. is officially dead.
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Trump: Comey better hope there are no ‘tapes’ of talks

May 12, 2017
 Associated Press
President Donald Trump, in a warning to his fired FBI director, said Friday that James Comey had better hope there are no “tapes” of their conversations. Trump’s tweet came the morning after he asserted Comey had told him three times that he wasn’t under FBI investigation.
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ACLU slams, prosecutors welcome Sessions' call for tougher charges

May 12, 2017
 Associated Press
The American Civil Liberties Union says Attorney General Jeff Sessions is "repeating a failed experiment" by encouraging prosecutors to pursue tougher charges against most suspects.
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Doctor suspended for sex with patient sues over board minutes

May 12, 2017
John Russell
An Indianapolis doctor whose license was suspended after he admitted to having a five-year sexual relationship with a patient says he has been libeled by the Indiana Medical Licensing Board for how it recorded the matter in its official minutes.
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Supreme Court updates rules for ‘Notice of Defect’ responses

May 11, 2017
IL Staff
The Indiana Supreme Court has updated the state’s appellate rules governing how attorneys and litigants must respond when the clerk of the state’s appellate courts return their timely filed documents that do not comply with Indiana Rules of Appellate Procedure.
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7th Circuit allows inmate’s due process claim to continue

May 11, 2017
Olivia Covington
The 7th Circuit Court of Appeals has reversed summary judgment against a federal inmate on his constitutional due process claims, finding that the reviews of his prolonged stay in solitary confinement may not pass constitutional muster.
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Company must face fired worker’s religion discrimination claim

May 11, 2017
Dave StaffordMore

Relying on video evidence that contradicts trial court is not ‘reweighing,’ justices rule

May 11, 2017
Olivia Covington
An appellate court’s decision to rely on video evidence to reverse a trial court’s findings does not constitute impermissible reweighing of the evidence if the video indisputably contradicts the trial court, the Indiana Supreme Court held Thursday while simultaneously affirming a man’s resisting law enforcement and battery against a law enforcement animal convictions.
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Appeals court vacates multiple domestic violence convictions

May 11, 2017
Dave Stafford
Multiple domestic violence convictions against a man accused of repeatedly beating and choking his wife were vacated Thursday by the Indiana Court of Appeals, along with his adjudication as a habitual offender.
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COA affirms $2.13M award against trucking firm in crash

May 11, 2017
Dave Stafford
A Tippecanoe County jury’s award of $2.13 million in damages to a woman permanently injured in a crash that killed her fiancé was affirmed Thursday by the Indiana Court of Appeals.
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COA: Expert should have testified about personal medical practices

May 11, 2017
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals ruled a patient in a medical malpractice case should have been able to cross-examine the medical expert about his personal medical practices.
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Supreme Court: ‘remoteness’ of prior conviction doesn’t affect admissibility

May 11, 2017
Olivia Covington
Determining that the “remoteness” of a prior offense does not affect the admissibility of evidence at trial, the Indiana Supreme Court has affirmed the award of roughly $2 million in compensatory and punitive damages to a man injured by a drunk driver.
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Indianapolis man gets 3 life sentences for killing spree

May 11, 2017
 Associated Press, IL Staff
An Indianapolis man has received three consecutive life sentences for killing three people over four days in attacks that authorities say he justified by citing the horror movie, "The Purge."
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US sued for warning immigrant advocacy group to stop legal aid

May 10, 2017
 Bloomberg News
A nonprofit fighting the Trump administration’s travel ban in court sued the U.S. Justice Department after being warned to stop offering legal aid to undocumented immigrants.
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  4. 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.

  5. 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.

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