Legal News

COA: ADA does not apply in termination proceedings

June 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled the Americans with Disabilities Act does not apply in termination of parental rights proceedings in a case where a deaf father with cognitive and mental health problems appealed the termination of his parental rights to his son.
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Device lawsuits plague Cook Medical

June 21, 2016
John Russell, IBJ Staff
The lawsuits against Cook Medical began four years ago with a trickle but have since turned into a gusher, now surpassing 500.
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Zionsville decides not to appeal decision in Wal-Mart case

June 21, 2016
Lindsey Erdody, IBJ Staff
Zionsville doesn't plan to appeal a recent court decision requiring the town to approve Wal-Mart Store Inc.'s 10-year-old proposal for a store along Michigan Road.
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Led Zeppelin lawyers ask judge to toss 'Stairway' case

June 21, 2016
 Associated Press
Led Zeppelin's lawyers asked a judge to throw out a case accusing the band's songwriters of ripping off a riff for "Stairway to Heaven."
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SCOTUS rules for police in search case

June 20, 2016
 Associated Press
A divided U.S. Supreme Court bolstered police powers on Monday, ruling that evidence of a crime in some cases may be used against a defendant even if the police did something wrong or illegal in obtaining it.
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SCOTUS rejects appeal from Illinois smokers

June 20, 2016
 Associated Press
The U.S. Supreme Court on Monday rejected an appeal from Illinois smokers who sought reinstatement of a $10.1 billion class-action judgment in a long-running lawsuit against Philip Morris.
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Justices rap Labor Dept. over change in overtime pay rules

June 20, 2016
 Associated Press
The Supreme Court of the United States ruled Monday that the Labor Department must do a better job of explaining why it is changing a longstanding policy on whether certain workers deserve overtime pay.
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Reynolds wins at US high court in EU drug-money lawsuit

June 20, 2016
 Bloomberg News
A divided U.S. Supreme Court threw out a European Union suit that accused Reynolds American Inc. of orchestrating a global scheme to launder drug money, in a ruling that limits the reach of a federal racketeering law that can impose heavy damage awards.
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US Supreme Court leaves state assault weapons bans in place

June 20, 2016
 Associated Press
The Supreme Court of the United States has rejected challenges to assault weapons bans in Connecticut and New York, in the aftermath of the shooting attack on a gay nightclub in Orlando, Florida, that left 50 people dead.
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US Supreme Court upholds rules used by patent-review board

June 20, 2016
 Bloomberg News
The U.S. Supreme Court upheld a system that has helped companies like Google Inc. and Apple Inc. invalidate hundreds of disputed patents without having to go to court.
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Legal Service Corp.’s Levi putting spotlight on crisis in legal aid

June 20, 2016
Marilyn Odendahl
Emphasizing that legal aid is having to turn away half of those who ask for assistance, Legal Service Corp. board chair John Levi is pushing to raise public awareness and ultimately get more resources flowing to legal services for low-income individuals.
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Man charged in cop's death again asks to represent self

June 20, 2016
 Associated Press
A man accused of killing an Indianapolis police officer in 2014 has again asked to represent himself in court.
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7th Circuit: Third time’s charm in gun sentencing

June 17, 2016
Dave Stafford
It took three appeals, but a man’s sentence for illegal firearm possession finally satisfied the 7th Circuit Court of Appeals.
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7th Circuit cuts attorney fees in Indy skyline photo case

June 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals found the district court did not calculate attorney fees correctly in a dismissed copyright lawsuit and remanded the case so the correct amount could be awarded.
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Judge rejects state’s appeal bid in deaf litigant case

June 17, 2016
Dave Stafford
A federal judge Friday rejected the state’s effort to appeal a ruling that a court discriminated against a deaf litigant, writing the bid was “a classic example of when an immediate appeal is not warranted.”
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Appeals court affirms reinstatement of drug sentence

June 17, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.
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COA dismisses appeal of agreed judgment

June 17, 2016
Scott Roberts
The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.
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Simon faces proposed class-action from guest services managers

June 17, 2016
Dave Stafford
Two former guest-services managers at shopping malls in Illinois and Oklahoma have sued Indianapolis-based Simon Property Group, claiming the retail property giant violated the Fair Labor Standards Act by failing to pay overtime and comply with other federal wage and hour provisions.
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Children of trucking exec challenge will, claim wife orchestrated changes

June 17, 2016
Jared Council, IBJ Staff
The children of deceased Celadon Group Inc. co-founder Steve Russell claim his second wife engineered changes to his will while he suffered from dementia, boosting the amount she would immediately inherit from his $31 million estate at their expense.
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Valpo grad convicted in violent attack of Virginia couple faces life sentence

June 17, 2016
 Associated Press, IL Staff
A jury has recommended the man convicted of violently attacking a lawyer and his wife inside their McLean, Virginia, home be sentenced to life in prison.
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Lawsuit: Notre Dame displaying stolen early American art

June 17, 2016
 Associated Press
The University of Notre Dame is displaying $575,000 worth of early American art that was stolen from a man 20 years ago, according to a lawsuit filed by the man's son.
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Henry County judge to lead new Indiana Supreme Court office

June 17, 2016
IL Staff
Henry Circuit Judge Mary Willis has been named the first chief administrative officer of the Indiana Supreme Court.
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Appeals court affirms town’s annexation ordinance is void

June 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled a town’s failure to include roads in an annexation ordinance where it sought to annex two pieces of land rendered the ordinance void.
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COA: Judge’s comments do not require dismissal of charges

June 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court judge’s inappropriate comments during trial did not “goad” the defense into asking for a mistrial and affirmed denial of the defense’s motion to dismiss child molesting, rape and sexual misconduct charges against the defendant.
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Justices toss meth conviction, advise courts on indigent depositions

June 16, 2016
Dave Stafford
A Huntington County man’s conviction for dealing meth and 40-year sentence were reversed Thursday by the Indiana Supreme Court, which remanded the case for a new trial and used the decision to send a message to trial courts. The court ruled the denial of depositions of state witnesses by indigent defendants must be supported in the record by findings of fact.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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