Legal News

7th Circuit rules Lilly sales reps not entitled to overtime

May 9, 2012
Jennifer Nelson
Pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.
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Child Advocates has been the voice of children for 30 years

May 9, 2012
Holly Wheeler
As Court Appointed Special Advocate for Marion County, Child Advocates is celebrating its 30th anniversary, having assisted more than 75,000 children since its inception. Today, the organization advocates for every child involved in a Marion County abuse or neglect case – more than 5,000 annually – with the help of more than 400 volunteers.
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New bar group advocates for military spouse JDs

May 9, 2012
Jenny Montgomery
Relaxed admission requirements by states could remove barriers to employment for lawyers who must move when spouse relocates.
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'Hologram' performance by Tupac creates legal questions for IP lawyers

May 9, 2012
Jenny Montgomery
Fans raved about the "hologram" Tupac Shakur's performance at Coachella. For intellectual property lawyers, Tupac’s virtual return to the stage raises some interesting questions.
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More attorneys choosing gradual retirement

May 9, 2012
Jenny Montgomery
Economics are one reason why lawyers postpone withdrawal from practice.
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Lawyers should stay away from 'daily deals'

May 9, 2012
Jennifer Nelson
An attorney's inquiry on a listserv led to the Indiana State Bar Association ethics opinion.
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AG announced Depakote settlement

May 8, 2012
IL Staff
Attorney General Greg Zoeller announced Monday that Indiana will recoup millions of dollars in two separate settlements of multistate lawsuits against pharmaceutical maker Abbott Laboratories over illegal off-label marketing of its drug, Depakote.
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Indiana Supreme Court takes two cases

May 8, 2012
Jenny Montgomery
The Indiana Supreme Court has granted transfer to two cases for the week ending May 3 – one involving a physician, and one involving a man convicted of child molesting.
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Environmental law group names IU professor award winner

May 8, 2012
IL Staff
The Environmental Law Institute has named an Indiana University scientist and faculty member the winner of the 2012 National Wetlands Award for Science Research.
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Massa investiture ceremony held Monday

May 7, 2012
Kelly Lucas
Mark Massa was robed as the 107th justice of the Indiana Supreme Court in an investiture ceremony held Monday in the Supreme Court Courtroom.
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ICADV calls for workshop proposals

May 7, 2012
IL Staff
The Indiana Coalition Against Domestic Violence is seeking workshop proposals and presenters for its 30th annual Fall Conference, scheduled for Oct. 9 and 10, 2012. The deadline to apply is June 1.
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Justices to decide case questioning health care costs charged to uninsured patients

May 7, 2012
IL Staff
Indiana’s high court will hear arguments Thursday in Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804 (Ind. Ct. App. 2011), vacated.
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Disbarred attorney accused of forgery

May 7, 2012
Jennifer Nelson
Rodney P. Sniadecki, a sole practitioner in South Bend who was disbarred by the Indiana Supreme Court in 2010, has been indicted on three counts of forgery.
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Munster ranks fifth in national competition

May 4, 2012
IL Staff
A team of students from Munster High School took fifth place among 56 teams in the We the People National Finals in Washington, D.C., April 27 through May 1.
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Vacancies on federal bench will be topic of White House meetings Monday

May 4, 2012
IL Staff
Reba Boyd Wooden, executive director of the Center for Inquiry-Indiana, will travel to Washington Monday to meet with White House officials about the vacancy crisis in America’s federal courts.
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Governor signs Lifeline Law

May 4, 2012
IL Staff
A ceremonial signing of Indiana’s Lifeline Law was held Friday at the Statehouse. Senate Enrolled Act 274 provides legal immunity from prosecution for those who seek medical attention for an intoxicated person.
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Attorney sentenced to 8 years for theft

May 3, 2012
Jennifer Nelson
Stacy Sheedy, the Indianapolis attorney and accountant who pleaded guilty to theft charges for misappropriating nearly $600,000 from a guardianship account and family trust, was sentenced to eight years in prison Thursday.
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COA affirms when interest on payments from state fund begins to accrue

May 3, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court ruling in a dispute over what interest rate is charged and when it begins to accrue on payments due from the Indiana Patient’s Compensation Fund to successful medical malpractice claimants.
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Judges reverse marijuana conviction

May 3, 2012
Jennifer Nelson
The search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial court abused its discretion in admitting evidence obtained through an inventory search of the car.
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COA finds man was shareholder at time of stock sale

May 2, 2012
Jennifer Nelson
A dispute between family members over stock of the family company led to the Indiana Court of Appeals addressing an issue involving shareholders and revocable trusts that hasn’t yet been addressed in Indiana: whether the settlor, who places shares of stock into a revocable inter vivos trust and names himself as trustee and beneficiary, retains his shareholder status.
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Man can't prove ineffective assistance from attorney

May 2, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed his trial counsel was ineffective.
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Chief justice to be selected May 15

May 2, 2012
IL Staff
The Indiana Judicial Nominating Commission will meet May 15 to vote on who will be Indiana’s chief justice. Justice Brent Dickson has been acting chief justice since Chief Justice Randall T. Shepard retired in March.
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3 task force proposals address issues in Marion County Small Claims courts

May 1, 2012
Jennifer Nelson
The Marion County Small Claims Task Force created by the Indiana Supreme Court has released its report outlining its investigation into problems within the county’s small claims courts. The report proposes three ways to address the problems, including incorporating the small claims courts into Marion Superior Court.
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Faegre Baker Daniels attorney's home is target of shooting

May 1, 2012
IL Staff
The home of an attorney at Faegre Baker Daniels in Fort Wayne was shot at Tuesday morning. Police are exploring whether the shooting is connected to an incident last month in a neighboring subdivision in which a Faegre Baker Daniels attorney was shot in his garage.
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7th Circuit vacates sanction in contempt judgment

May 1, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was imposing the sanction he did, so the 7th Circuit vacated the sanction.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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