Legal News

Lawsuit against hip replacement maker to remain in Indiana

April 24, 2015
Jennifer Nelson
The lawsuit brought by 19 people in Virginia and Mississippi against Warsaw, Indiana-based DePuy Orthopaedics alleging injuries from a now-recalled hip implant will remain in Indiana over the medical manufacturer’s objections.
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Judges dismiss appeal over deposition prep time

April 24, 2015
Jennifer Nelson
Because a trial court's decision to deny ordering the defendants to pay for the time the plaintiffs' expert witness spends preparing for his defense deposition is not a final judgment, the plaintiffs should have appealed under Ind. Appellate Rule 14(B). Since they did not, the Indiana Court of Appeals dismissed their appeal.
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County can’t raise tax to fund emergency expenses

April 24, 2015
Jennifer Nelson
The Indiana Tax Court affirmed the decision by the Department of Local Government Finance to deny the Clark County Board of Commissioners' request to increase the county's Cumulative Capital Development Fund tax rate for the 2012 budget year. The county sought the additional funds for a rainy day fund and to cover unexpected emergency costs.
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SEC: Indy-based Veros’ farm loans defrauded 80 of $15 million

April 24, 2015
Dave Stafford
The Securities and Exchange Commission has filed a federal lawsuit against Indianapolis-based Veros Partners Inc. and multiple related co-defendants. The SEC alleges the financial advisers defrauded 80 farm-loan investors of $15 million in 2013 and 2014, using those proceeds to repay earlier investors.
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Justices affirm LWOP sentence, admission of suicide note

April 24, 2015
Jennifer Nelson
A southern Indiana man challenging his robbery and murder convictions and sentence to spend the rest of his life in prison lost his appeal before the Indiana Supreme Court Thursday. The justices rejected the man’s claim that his sentence should be reduced to a term of years.
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Bank wins partial victory in suit stemming from overdraft fees

April 23, 2015
Jennifer Nelson
A bank being sued by customers over how it orders transactions – allegedly to maximize profits from overdraft fees – is entitled to summary judgment on most of the state claims alleged by customers in a class-action lawsuit, the Indiana Court of Appeals ruled Thursday.
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Handgun properly admitted at juvenile’s hearing

April 23, 2015
Jennifer Nelson
A handgun discarded by a teen after seeing a marked police car – and later picked up by the officer who saw the teen throw the gun into a yard – was properly admitted at his delinquency hearing, the Indiana Court of Appeals affirmed.
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IU McKinney to directly admit top IUPUI undergrads

April 23, 2015
Jennifer Nelson
Indiana University Robert H. McKinney School of Law announced Thursday that it has instituted a new program that allows undergraduates at Indiana University-Purdue University Indianapolis to skip taking the LSAT and apply directly to the law school.
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Advisory opinion issued about ex parte petitions for temporary custody

April 23, 2015
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has issued an advisory opinion to judges in response to numerous ethical complaints about judges granting ex parte petitions for temporary custody in non-emergency cases or when there was no attempt to provide notice to the adverse party.
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Justices rule in favor of Anthem in excess insurance disputes

April 23, 2015
Jennifer Nelson
Anthem Inc. is entitled to its costs of settling litigation in which the insurance giant was accused of improperly handling claims, the Indiana Supreme Court ruled Wednesday. The reinsurance companies argued that coverage was barred based on the excess insurance policies.
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Evansville Bar hosts annual law celebration

April 23, 2015
Marilyn Odendahl
The Evansville Bar Association will once again be celebrating the law and the legal profession as part of its annual Law Week commemoration.
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Monroe Circuit courts closed until April 26

April 22, 2015
IL Staff
Courts in Bloomington will be closed the rest of this week due to a plumbing backup that Monroe Circuit Court Presiding Judge Valeri Haughton said has created a health emergency.
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Graham takes ceremonial oath on federal bankruptcy court

April 22, 2015
Dave Stafford
Jeffrey J. Graham was formally sworn in Wednesday as the newest – and youngest – judge on the U.S. Bankruptcy Court for the Southern District of Indiana.
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Court reverses convictions from robbery due to double jeopardy concerns

April 22, 2015
Jennifer Nelson
Three of a man’s eight convictions stemming from his robbery of acquaintances were reversed or reduced because  the convictions or elevated classes were based on the same elements of the crime, the Indiana Court of Appeals held Wednesday.
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Attorney did not breach any duty owed to Conour clients

April 22, 2015
Jennifer Nelson
An Indianapolis attorney who spent several years working in a firm with attorney William Conour satisfied his legal duty to clients of Conour based on his lack of knowledge of any specific wrongdoing by Conour related to the clients, the Indiana Court of Appeals ruled. Conour is currently in federal prison for stealing from client settlement funds.
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Hospital's 41(E) motion not timely filed, rules COA

April 22, 2015
Jennifer Nelson
The Indiana Court of Appeals decided in a case of first impression that a hospital, which filed its Ind. Trial Rule 41(E) motion to dismiss on the same day the plaintiff resumed prosecution of the case, did not timely file its motion.
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High court makes it easier to sue government for negligence

April 22, 2015
 Associated Press
The Supreme Court of the United States on Wednesday made it easier for people to sue the federal government for negligence, in a decision that could affect military veterans with claims of medical malpractice.
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COA: Man can petition for sentence modification under new statute

April 22, 2015
Jennifer Nelson
The Indiana Court of Appeals decided Wednesday that a man sentenced in 2006 could petition for a sentence modification under a new 2014 statute that no longer required prosecutorial consent. But the judges decided that his petition for sentence modification should be denied.
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Teen must pay restitution despite terminated probation

April 22, 2015
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals held that an Indianapolis teen is still required to pay restitution to the person he was involved in an auto accident with, even though the juvenile court discharged him from probation.
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Sanctioning Bettie Page

April 22, 2015
Dave Stafford
Bettie Page’s name and image popularized by once-scandalous pinups from the 1940s and 1950s remain hot properties still able to stir up trouble.
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Intellectual property issues are increasingly arising in other practice areas

April 22, 2015
Marilyn Odendahl
Intellectual property is no longer the geeky practice area, and it is going to continue to become more and more prominent. Patent and trademark issues continue to emerge in practice areas such as family law, estate planning and business law.
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Helping to plan for difficult decisions

April 22, 2015
Marilyn Odendahl
Attorney volunteers offered their services during a pro bono clinic at Eskenazi Health in Indianapolis to give patients a little peace of mind.
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Marion County justice center debate proves divisive

April 22, 2015
Dave Stafford
Nearly a year-and-a-half after Indianapolis Mayor Greg Ballard, Marion County Sheriff John Layton and other community leaders laid out a vision for an Indianapolis criminal justice center, its future is clouded as late opposition resulted in a major setback to the plan.
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A killing in community corrections

April 22, 2015
Dave Stafford
Alan E. Cain drove on a forfeited license in March 2013, a probation violation that landed him in an Indianapolis work-release program. Sixteen days later, he was dead.
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Dearborn County judges headed to trial on discrimination claims

April 22, 2015
Marilyn Odendahl
Two judges and a magistrate judge in Dearborn County appear headed to trial in federal court on a discrimination claim arising from their decision not to provide a sign language interpreter for a courtroom spectator.
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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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