Legal News

Marion County Small Claims courts take small steps

August 29, 2012
Dave Stafford
Recommended overhauls on the courts' structure are unlikely following the task force's critical report.
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Shepard to lead legal education task force

August 29, 2012
Marilyn Odendahl
The American Bar Association forms a committee to review the performance of law schools.
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Medical malpractice caps challenged in Indiana, fall elsewhere

August 29, 2012
Dave Stafford
Medical malpractice caps are unconstitutional in Missouri. And in Illinois and Georgia. They might be in Indiana, too, if the justices of the Supreme Court grant Timothy Plank the day in court his attorneys say he is entitled to.
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7th Circuit orders disability case back to administrative law judge

August 28, 2012
Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case back to the administrative law judge for further proceedings.
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7th Circuit to DOC: Sex offender registry error safeguards insufficient

August 28, 2012
Dave Stafford
Indiana’s Sex and Violent Offender Registry provides insufficient means for those whose information is incorrect to challenge the information, the 7th Circuit Court of Appeals ruled Tuesday.
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Court of Appeals finds 2006 statute does apply to 2001 violation

August 28, 2012
Marilyn Odendahl
The Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision to convict him of committing a sex offender residency offense.
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COA affirms its reversal of trial court in land-use case

August 28, 2012
Dave Stafford
Property owners on a northwestern Indiana lake who argued their land was unconstitutionally taken lost their rehearing before the Indiana Court of Appeals.
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In environmental suit, court properly vacated ruling for Bloomington dry cleaner

August 28, 2012
Dave Stafford
A Bloomington dry cleaner lost his appeal of a court’s order that vacated a prior ruling granting partial summary judgment in the businessman’s favor.
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Student’s delinquency adjudication involving in-school incident reversed

August 28, 2012
Dave Stafford
A Ben Davis High School student won an appeal of his adjudication as a delinquent Tuesday after the Court of Appeals held the circumstances for which he was adjudicated did not meet the equivalent of Class D felony resisting law enforcement.
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Court of Appeals finds insurer’s intent is not clear in policy language

August 28, 2012
Marilyn Odendahl
Finding language in an insurance policy to be ambiguous, the Court of Appeals reversed and remanded a trial court’s entry of summary judgment for an insurance company.
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Inmate loses challenge to law ending certain educational funding

August 28, 2012
Jennifer Nelson
The 2011 amendment that stopped state funding of postsecondary education programs in correctional facilities for convicted felons who are confined in a penal facility is not an ex post facto law nor does it violate an inmate’s constitutional rights, the Indiana Court of Appeals ruled.
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Man’s convictions affirmed, but court orders record set straight

August 28, 2012
Dave Stafford
An Indianapolis man lost his criminal appeal Tuesday, but the Indiana Court of Appeals ordered the trial court to correct an abstract of judgment that incorrectly recorded a felony conviction.
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Appeals court affirms order for expert witness to indemnify past employer

August 28, 2012
Dave Stafford
An expert for a plaintiff in a medical malpractice case who was ordered to execute a release indemnifying a former employer must do so, the Indiana Court of Appeals ruled Tuesday.
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COA finds petitioner failed to show trial counsel was ineffective

August 27, 2012
Marilyn Odendahl
In affirming a post-conviction court’s judgment, the Indiana Court of Appeals found a convicted child molester failed to carry his burden in claiming that his attorney was ineffective.
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Court affirms judgment with minor recalculation in decade-long dispute

August 27, 2012
Dave Stafford
The Indiana Court of Appeals affirmed most of the $627,570 judgment in favor of a Fort Wayne restaurant operator sued by former mortgagors in a rehearing of litigation dating back more than a decade, but it ordered recalculation of a judgment based on the restaurant’s earnings.
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Appeals court reverses decision for lessee of contaminated industrial building

August 27, 2012
Dave Stafford
A company that leased a building with environmental contamination was improperly granted summary judgment over the environmental issues and claims of breach of contract, the Court of Appeals ruled Monday.
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Judges order new robbery trial

August 27, 2012
Jennifer Nelson
Because a trial judge did not re-read all of the jury instructions when giving jurors an additional instruction after deliberations began, the Indiana Court of Appeals ordered a new trial on the felony robbery charge.
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Man unable to prevent settlement agreement

August 27, 2012
Jennifer Nelson
The man who wanted to purchase a divorcing couple’s farm lacked a present interest in the real estate and couldn’t prevent a settlement agreement between the couple, which led to the husband keeping the farm, the Indiana Court of Appeals held.
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Maurer taps faculty and alumni to serve on dean search committee

August 27, 2012
IL Staff
Indiana University Provost and Executive Vice President Lauren Robel has announced the members of the search and screening committee to identify finalists for the position of dean of the Indiana University Maurer School of Law.
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State sues ex-school chief, seeks $615,000

August 24, 2012
IL Staff
The former superintendent of a small southern Indiana school system owes the district more than $615,000 in public money that he misappropriated, according to a lawsuit filed by Indiana Attorney General Greg Zoeller’s office.
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Law firms pursue BP bad-gas class action

August 24, 2012
Dave Stafford
One Indiana firm has filed a class-action lawsuit against BP in the wake of the company's gasoline recall in northwest Indiana. Two other law firms are pursuing a possible class-action suit.
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Updated instructions aim to prevent social media use during trial

August 24, 2012
IL Staff
Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
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Steak ’n Shake loses appeal over franchisee’s independent pricing

August 24, 2012
Dave Stafford
A longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.
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IUPUI names McKinney dean search committee members

August 23, 2012
IL Staff
Indiana University-Purdue University Indianapolis Chancellor Charles R. Bantz announced the names of 14 people who will serve on a committee that will conduct a national search for Indiana University Robert H. McKinney School of Law’s next dean. Dean Gary Roberts has announced that he will retire as dean in June 2013.
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Judges disagree over use of summary judgment to pierce corporate veil

August 23, 2012
Jennifer Nelson
One Court of Appeals judge believed the “only reasonable inference” that could be drawn from the evidence in a collections case is that a former company was a “sham corporation,” so the trial court properly pierced the corporate veil on summary judgment.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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