Legal News

Pence restarts probate code study committee

March 24, 2016
IL Staff
Gov. Mike Pence on Wednesday signed a bill re-establishing the Probate Code Study Commission that was terminated along with multiple other interim legislative committees in 2014.
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ADA claims against St. Joseph County courts fail in 7th Circuit

March 24, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld summary judgment for the St. Joseph County court system in a case involving accessibility of the St. Joseph County Courthouse and the Mishawaka County Services Building. The court said many of the plaintiffs’ claims lack standing, while others failed to raise genuine disputes of material fact.
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COA changes sentence for drunk woman who hit a man with her car

March 23, 2016
Scott Roberts
The Indiana Court of Appeals ruled the sentence given to a woman who hit a man with her car and killed him while driving drunk was too harsh and took two years off it. However, the COA upheld all other parts of her conviction.
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Jury rules ex-Anderson mayor improperly fired workers

March 23, 2016
 Associated Press, IL Staff
A federal jury has found that 11 people were improperly fired from their Anderson city government jobs after a new mayor took office.
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Truck drivers sue Celadon over wages, employment status

March 23, 2016
Scott Olson, IBJ Staff
Three former drivers for Celadon Group are suing the Indianapolis-based trucking company, claiming it violated state and federal laws by hiring them as independent contractors and unlawfully withholding portions of their wages.
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Morgan County sued over death of jail inmate

March 23, 2016
Dave Stafford
The estate of a woman who was found dead in a Morgan County Jail cell after jail staff allegedly knew she required medical attention has filed a federal wrongful death suit against the sheriff, jail staff and contracted health care providers.
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COA affirms estate no longer has interest in property

March 23, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a motion to dismiss as well as a motion for summary judgment after a woman sued an estate that no longer has interest in a property because that interest had passed to another person.
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7th Circuit affirms $34.2M in fraudulent transfer case

March 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld a ruling from the Southern District of Indiana that a company needs to pay $34.2 million for a crop-insurance business it bought and later sold to other companies it also controlled.
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Man on death row loses habeas petition before 7th Circuit

March 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld rulings lifting a stay on a man’s habeas corpus petition and dismissing his claims after the appellate court held his claims could be decided based on the state-court record.
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Study shows ‘problematic’ alcohol use by attorneys

March 23, 2016
Scott Roberts
A new study completed by the American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation has given some much needed data on lawyers struggling with substance abuse and depression.
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Ruling ends statute of repose for some asbestos cases

March 23, 2016
Scott Roberts
The Indiana Supreme Court’s ruling that the statute of repose does not apply in prolonged asbestos cases could open the door for more cases to be filed, two Indianapolis attorneys said. However, they were split if the decision was the right one.
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Illustrating Indiana legal history

March 23, 2016
Marilyn Odendahl
Courtroom artists have provided the images that go along with some of the most famous events in legal history. When judges prohibit cameras and video equipment at trials and hearings, television stations and newspapers turn to artists to provide the visuals.
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Disputes increase over who’s an employee and who’s an independent contractor

March 23, 2016
Marilyn Odendahl
Independent contractors have long been a part of the workforce. However, with the rise of on-demand service providers who run their businesses almost solely with independent contractors, closer scrutiny is being paid to what, exactly, these workers are in the new “gig economy.”
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Rewriting discipline rules for Indiana attorneys

March 23, 2016
Dave Stafford
The Indiana Supreme Court Disciplinary Commission would be limited to a one-year period of internal investigation of lawyers under a key change in an overhaul of rules governing attorney discipline.
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Southern District launches initiative to help pro se litigants

March 23, 2016
Marilyn Odendahl
In response to a series of cases remanded from the 7th Circuit Court of Appeals, the Southern District of Indiana is attempting to recruit more volunteer attorneys and, in what one observer called a “very progressive” approach, enlist medical professionals to offer expert testimony.
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Tangling with tech companies’ move into legal services

March 23, 2016
Marilyn Odendahl
A recent American Bar Association resolution on regulating non-traditional legal services providers coupled with a pilot project with Rocket Lawyer has stirred opposition among bar associations.
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NBA player Ty Lawson gets probation for Denver DUI case

March 22, 2016
 Associated Press
Indiana Pacers point guard Ty Lawson will serve a year on probation in a Denver drunken-driving case after a judge on Tuesday rejected arguments that he needed to serve time in jail to learn a lesson.
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Supreme Court: Consolidating precincts is not unconstitutional

March 22, 2016
Scott Roberts
The Indiana Supreme Court ruled an effort to consolidate small Lake County precincts to reduce election costs was not unconstitutional, finding it is neither an impermissible special law nor a violation of the separation of powers doctrine.
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Pence signs police body camera video regulation bill

March 22, 2016
 Associated Press
Indiana Gov. Mike Pence has signed a bill giving law enforcement agencies authority to withhold some video recordings from body cameras.
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Justices: IBM breached state welfare contract

March 22, 2016
Dave Stafford
IBM breached its master services agreement with the state in its failed bid to privatize and modernize Indiana’s welfare systems, the Indiana Supreme Court ruled Tuesday, more than six years after the state sued the tech giant over the $1.3 billion contract.
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Justices uphold $5.8M award against Tyson Foods

March 22, 2016
 Associated Press
In a setback to business, the Supreme Court of the United States on Tuesday upheld a $5.8 million judgment against Tyson Foods Inc. in a pay dispute with more than 3,000 workers at a pork-processing plant in Iowa.
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Probate study committee bill hoping for governor’s approval

March 22, 2016
Marilyn Odendahl
Supporters were successful this year in getting the Statehouse to approve legislation that re-establishes the Probate Code Study Commission, but they’re still awaiting the governor’s signature.
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Indiana governor concerned about Notre Dame police bill

March 22, 2016
 Associated Press
Indiana Gov. Mike Pence said Monday that his "strong bias for the public's right to know" will weigh heavily as he decides whether to veto a measure that would shelter police departments at Notre Dame and 10 other Indiana private colleges from following the same crime reporting requirements as all other law enforcement agencies.
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House always wins: Court upholds sentence of man trying to launder money at casino

March 21, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld the denial of four motions to suppress evidence and exclude expert testimony in a case where a man was caught trying to launder money by stuffing the bills into a slot machine at the Horseshoe Casino in Hammond.
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Pharmacists, state court administration enlisted in fight against meth labs

March 21, 2016
Marilyn Odendahl
A comprise bill that would allow pharmacists to deny the sale of over-the-counter medicines containing ephedrine or pseudoephedrine was signed into law Monday.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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