Legal News

COA rules park with no playground cannot enhance drug conviction

March 22, 2017
Marilyn Odendahl
A split Indiana Court of Appeals, divided over whether a park with no trees, no playground equipment and no benches could attract children during a school day, reversed a man’s conviction for Level 4 felony dealing in methamphetamine.
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Evansville, Kentucky police face trial over arrests in man’s death

March 22, 2017
Dave Stafford
Evansville family members who were interrogated, arrested and charged in a foster relative’s death may proceed with a federal civil-rights suit that alleges authorities on both sides of the Ohio River where the man’s body was found wrongly arrested them and falsified reports to build a case that unraveled.
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Clarksville man changes mind, takes deal in abuse death

March 22, 2017
 Associated Press
A southern Indiana man has reversed himself again and agreed to plead guilty in the child abuse death of his former girlfriend's 3-year-old daughter.
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Indianapolis to spend $400K on crime prevention plan

March 22, 2017
 Associated Press
The Indianapolis City-County Council approved a $400,000 award to nonprofit organizations that patrol the city’s high-crime neighborhoods with a 22-1 vote Monday. The Central Indiana Community Foundation will give the money to nonprofits that work on conflict resolution as an alternative prevention approach.
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Musician accuses conductor, symphony of age discrimination

March 22, 2017
Lindsey Erdody, IBJ Staff
In a federal lawsuit filed late last week by Indianapolis Symphony Orchestra's principal bassoonist, the musician details what he alleges have been years of age discrimination and harassment by ISO musical director and conductor Krzysztof Urbanski and the ISO leadership.
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Cultivating the next generation

March 22, 2017
Marilyn Odendahl
Attorney Joseph Smith is among a new cadre of leaders stepping into management positions, taking a seat on high-level committees or becoming practice chairs in large law firms. Baby boomers are retiring or transitioning from their practices, creating openings in leadership roles.
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Disability claims approval getting tougher

March 22, 2017
Dave Stafford
New rules could set the evidence bar higher despite sharp court rebukes of claim denials.
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New task force meant to break down language barriers, aid court interpreters

March 22, 2017
Olivia Covington
As the number of litigants, witnesses or spectators requesting interpretation services continues to rise, the Indiana Supreme Court is taking steps to ensure those services are high-quality and far-reaching.
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Hard line on immigration has Indiana attorneys scrambling

March 22, 2017
Marilyn Odendahl
Since President Donald Trump took office, lawyers are seeing more fear and more work from clients worried about deportation.
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Bill in Congress targets class actions

March 22, 2017
Dave Stafford
Trial lawyers contend the legislation would gut court access; defense attorneys say reforms are overdue.
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Fitness to parent raised in man’s fatal neglect appeal

March 22, 2017
Dave Stafford
A man whose 4-month-old son died of malnutrition asked an appeals court to consider whether he was mentally capable of caring for the child while also invoking the jury’s right to question witnesses in contesting his conviction and 37-year sentence.
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Religious exemption at heart of employee pension disputes

March 22, 2017
Marilyn Odendahl
A trio of cases pending before the Supreme Court of the United States, which could require more than $1 billion in new funding for certain employee pension plans, revolves around a central question: What is a church?
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Paying dues under right-to-work

March 22, 2017
Olivia Covington
Drivers claim illegal union withholdings in case where checkoff cards are key.
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First day of Supreme Court interviews complete

March 21, 2017
Olivia Covington
Day one of the interviews to fill Justice Robert Rucker’s impending vacancy on the Indiana Supreme Court is complete after 12 applicants came to the Statehouse for their 20-minute interviews.
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Overruling COA, justices decide Florida law group must face suit

March 21, 2017
Dave Stafford
A Florida law group that hired several Indiana attorneys to represent clients in foreclosures and bankruptcies must face a civil lawsuit, the Indiana Supreme Court ruled Tuesday.
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Medical companies with Indiana ties take interest in SCOTUS patent case

March 21, 2017
Marilyn Odendahl
Pharmaceutical and medical device manufacturers, including an orthopedic product maker in Indiana, have weighed in on a patent case that came before the Supreme Court of the United States Tuesday.
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Adjudicating on different CHINS petition allowed under Trial Rule 15(B), COA rules

March 21, 2017
Marilyn Odendahl
A troubled teenager found to be a child in need of services was properly adjudicated even though the juvenile court ruled the state did not meet its burden in proving the basis of its CHINS petition.
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Appeals court reverses CHINS finding

March 21, 2017
Dave Stafford
A trial court erred in declaring a boy in the custody of his father to be a child in need of services on account of his meth-abusing mother, the Indiana Court of Appeals ruled Tuesday.
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7th Circuit affirms summary judgment to jail health care providers

March 21, 2017
Olivia Covington
The 7th Circuit Court of Appeals affirmed summary judgment to a county jail healthcare provider and his employer Monday after finding that the inmate bringing the malpractice claims against the providers failed to prove that his care was objectively unreasonable.
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House to consider extension of civil legal filing fee

March 21, 2017
Marilyn Odendahl
A bill which would extend the pro bono legal services fee on court filings has cleared a committee in the Indiana House of Representatives and is headed for a second reading Tuesday on the floor of the lower chamber.
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Indiana justice interviews underway

March 21, 2017
Olivia Covington
Interviews of the 20 candidates who have applied to fill the next vacancy on the Indiana Supreme Court are officially underway. Chief Justice Loretta Rush and the six members of the Judicial Nominating Commission began the 20-minute interview sessions this morning, speaking with six candidates from across the state.
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Gorsuch stresses ‘open mind’ on court rulings

March 21, 2017
 Associated Press
Supreme Court nominee Neil Gorsuch batted away Democrats’ efforts Tuesday to get him to reveal his views on abortion, guns and other controversial issues, insisting he keeps “an open mind for the entire process” when he issues rulings.
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Clarksville man backs out of plea deal in girl’s abuse death

March 21, 2017
 Associated Press
A southern Indiana man has backed out of a plea agreement in the child abuse death of his former girlfriend’s 3-year-old daughter.
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House approves domestic violence bill on phone plans, pets

March 21, 2017
 Associated Press
The Indiana House has approved a bill enabling domestic violence victims to retain their phone numbers and to protect pets when they leave an abusive relationship.
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Supreme Court seems divided in property-rights dispute

March 20, 2017
 Associated Press
A divided U.S. Supreme Court struggled Monday over a property rights dispute that could make it tougher for state and local governments to limit development in coastal areas.
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