Legal News

Indiana Tech taps a Cooley dean to lead law school

December 3, 2014
Marilyn Odendahl
Charles Cercone, associate dean of faculty and professor at Western Michigan University’s Thomas M. Cooley Law School, says the opportunity at Indiana's newest law school is "simply unique."
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Judicial officers in demand

December 3, 2014
Marilyn Odendahl
Seven counties are asking the Legislature for 11 magistrates to handle increasing caseloads.
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Walgreen privacy judgment a 'game-changer'

December 3, 2014
Dave Stafford
A $1.4 million judgment against Walgreen for a pharmacist’s unauthorized breach of private prescription data should raise red flags for any health care provider whose employees handle private medical information, lawyers and legal experts say.
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Fewer young attorneys enter graying profession, instead find alternative uses for JDs

December 3, 2014
Dave Stafford
Recent Indiana law school graduates are broadening their horizons, with many taking nontraditional post-graduate paths in the business world as the legal profession is increasingly graying.
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Indiana’s cold beer law heading to 7th Circuit

December 2, 2014
Marilyn Odendahl
Convenience stores will soon have the chance to convince the 7th Circuit Court of Appeals that Indiana’s restrictions on cold beer sales violate the U.S. Constitution.
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Free lecture concludes IU Maurer’s 'Brown at 60' series

December 2, 2014
IL Staff
Award-winning author and DePauw University professor emeritus of history John Dittmer will deliver the final lecture in Indiana University Maurer School of Law’s “Brown at 60” series Dec. 3 at noon. The lecture is free and open to the public in the law school’s moot court room.
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Indiana prison sued for allegedly banning journal

December 2, 2014
 Associated Press
A journal that reports on the rights of inmates is suing an Indiana correctional facility for denying its prisoners access to the publication, attorneys announced Monday.
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No advice from counsel leads to post-conviction relief

December 2, 2014
Marilyn Odendahl
A mother’s refusal to convey her son’s threats of harm possibly saved the man from violating Indiana’s intimidation statute.
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Divided panel reverses default judgment against bank

December 2, 2014
Dave Stafford
The bank that promises customers 24-hour grace overdraft protection received more than 20 days grace in an Indiana Court of Appeals ruling Tuesday.
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Fired nurse’s retaliation claim reinstated

December 2, 2014
Dave Stafford
A nurse fired from a St. Joseph County clinic that treated patients with sexually transmitted diseases may go forward with a lawsuit claiming her termination was in retaliation for expressing concern that treating undiagnosed patients went beyond her scope of practice.
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7th Circuit declines collateral-order review in infertility lawsuit

December 2, 2014
Marilyn Odendahl
A Fort Wayne woman’s discrimination lawsuit against the Diocese of Fort Wayne-South Bend will continue despite the Catholic Church’s attempt to get the 7th Circuit Court of Appeals to intervene before trial and dismiss the complaint on religious freedom grounds.
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Annual trivia contest benefits Evansville legal services

December 2, 2014
Marilyn Odendahl
Members of the Evansville bench and bar tested their knowledge of minutiae and raised money for legal services during the Evansville Bar Association’s annual Trivia Night.
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Federal court rules amendments take effect

December 2, 2014
IL Staff
Federal Rules of Practice and Procedure amendments took effect Monday governing the appellate, civil, bankruptcy and evidence rules.
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Justices weigh free speech rights, Facebook threats

December 1, 2014
 Associated Press
The Supreme Court of the United States struggled Monday over where to draw the line between free speech and illegal threats in the digital age.
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Evidence of felon’s gun tattoo not error

December 1, 2014
Dave Stafford
A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.
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MCBA ‘saddened and disappointed’ by grand jury decision in Ferguson shooting

December 1, 2014
Marilyn Odendahl
Saying the justice system has failed the African-American community, the Marion County Bar Association has denounced the Ferguson, Missouri, grand jury’s decision in the shooting death of an unarmed teenager.
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Statements by insurance provider do not constitute defamation, COA rules

December 1, 2014
Marilyn Odendahl
A surgery center’s defamation claim that an insurance provider was making false statements purposefully to harm the center’s business reputation was dismissed because the communication did not allege any misconduct in business practices or trade. 
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Otte to retire as S.D. bankruptcy judge

December 1, 2014
IL Staff
Judge Frank J. Otte will retire at the end of 2014 after 28 years on the U.S. Bankruptcy Court for the Southern District of Indiana.
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Southern District amends filing under seal, pro se notice rules

December 1, 2014
IL Staff
Federal court rules for the Southern District of Indiana pertaining to filing documents under seal and providing notice to pro se litigants will be amended effective Jan. 1, 2015, Clerk Laura Briggs announced.
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Eagle Creek deer hunt goes forward

November 26, 2014
Dave Stafford
A city-sponsored deer hunt at Indianapolis’ Eagle Creek Park will proceed this weekend after a judge refused to block the first such hunt in the park’s history.
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Enhancement to sentence upheld by COA

November 26, 2014
Marilyn Odendahl
Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.
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Allegation of conspiracy not enough to support civil conspiracy claim

November 26, 2014
Marilyn Odendahl
A parts supplier failed to convince the Indiana Court of Appeals that a civil conspiracy claim against several co-defendants named in a breach of contract dispute can stand without showing every alleged conspirator committed an underlying unlawful act.
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Appeals panel offers direction to abusive pro se litigant

November 26, 2014
Dave Stafford
The Indiana Court of Appeals has heard about enough from pro se litigant Eddie G. Love.
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Man convicted of brutal beating loses appeal despite errors

November 26, 2014
Dave Stafford
A man who was convicted of the brutal beating of his stepfather lost an appeal Wednesday that argued his 2008 traumatic brain injury, prosecutorial misconduct and other factors should have reversed or mitigated his 20-year sentence.
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COA reverses custody evaluation granted to grandparents

November 26, 2014
Dave Stafford
A trial court that expressed in the record reservations about the legal status of granting a visitation evaluation sought by grandparents of children in the care or another grandparent had those doubts confirmed Wednesday when the Court of Appeals reversed.
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  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. 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?

  3. 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

  4. 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.

  5. 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.

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