Legal News

Justices consider transfer in chemical breath test case

December 1, 2016
Olivia Covington
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
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Katie Couric moves to dismiss $13 million defamation lawsuit over 'Under the Gun'

December 1, 2016
 Bloomberg News
In court papers lodged Tuesday, Katie Couric contends that a gun rights group has read too much into pregnant silence in Under the Gun. She's now moved for dismissal of a $13 million lawsuit with the argument that eight seconds from the two-hour-long documentary are incapable of defamatory meaning.
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Allen County judge dismisses Fort Wayne tax suit for lack of jurisdiction

December 1, 2016
Olivia Covington
An Allen County judge has dismissed the city of Fort Wayne’s complaint against the county auditor’s allocations of taxes, writing that the case should be heard in the Indiana Tax Court, not a trial court.
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Full 7th Circuit hears LGBT-workplace bias appeal

November 30, 2016
 Associated Press
The 7th Circuit Court of Appeals has heard arguments en banc on whether the 1964 Civil Rights Act covers workplace discrimination against LGBT workers.
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Court affirms injunction preventing violations of non-compete clauses

November 30, 2016
Olivia Covington
After several employees from one civil engineering firm began soliciting employees from a competitor, the Indiana Court of Appeals held Wednesday that a trial court correctly issued a preliminary injunction to force the employees to comply with non-compete and non-solicitation clauses they had signed.
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US Supreme Court weighs bond hearings for detained immigrants

November 30, 2016
 Associated Press
A seemingly divided U.S. Supreme Court on Wednesday tried to figure out whether the government can detain immigrants indefinitely without providing hearings in which they could argue for their release.
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COA upholds summary judgment in workers’ comp case

November 30, 2016
Olivia Covington
Although he was hired to work on a specific project for a southern Indiana construction company, a worker who was injured on a construction job must seek damages through Indiana’s Worker’s Compensation Act because he was considered an “employee” of the company.
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COA: Indiana trial court has no personal jurisdiction over New York resident

November 30, 2016
Olivia Covington
An Indiana trial court cannot assume personal jurisdiction over a woman who lives in New York and has no ties to the Hoosier state, despite the fact that she is being sued by Indiana litigants.
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‘Leaky pipeline’ study spotlights gender inequality in law schools

November 30, 2016
Marilyn Odendahl
The problems of gender inequality in the legal profession start when women apply to law school, according to a new report from Law School Transparency.
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Judges: Parents, courts need guidance on discipline

November 30, 2016
Olivia Covington
The Indiana Court of Appeals upheld a man’s conviction for battery against his daughter on Wednesday but expressed concern over the lack of guidance courts are given when trying to determine when parental discipline goes too far.
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Family values groups’ human rights lawsuit stays in court

November 30, 2016
Olivia Covington
A Hamilton County judge has ruled that a lawsuit challenging the constitutionality of human rights ordinances in four Indiana cities can continue, despite the cities’ arguments that there was no legal standing to bring the suit in court.
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Fifth-generation Lawrenceburg attorney joins long line of paternal precedent

November 30, 2016
Olivia Covington

The original Ewbank lawyers were county-seat attorneys, and the first two generations — John William and James — were abstractors who founded the family businesses in 1882.

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Pence counsel seeks email secrecy

November 30, 2016
Dave Stafford
Attorneys argue to the Court of Appeals whether the state's Access to Public Records Act should exempt governor from disclosure.
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Ceremony honors graduates of St. Joseph County Veterans Treatment Court

November 30, 2016
Marilyn Odendahl
Six former military members graduated from the veterans court during a special ceremony Nov. 21 at the courthouse in South Bend. Judges, attorneys, relatives and other veterans watched as the group of men received certificates for completing the program and congratulatory handshakes from veterans court Judge Steven Hostetler.
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Justices hint at wider death-penalty exemption for disabled

November 29, 2016
 Bloomberg News
A narrow U.S. Supreme Court majority signaled it may force Texas to broaden its death-penalty exemption for people who are intellectually disabled.
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Justices: warrantless search OK because of ‘objectively reasonable’ concerns

November 29, 2016
Olivia Covington
The Indiana Supreme Court affirmed a man’s drug conviction Tuesday, reiterating that if an officer encounters an emergency situation, then he or she may investigate further without a warrant.
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Justices rule in favor of woman alleging 'warrantless intrusion' by officer

November 29, 2016
Olivia Covington
Although a police officer believed that a Hamilton County woman could have been injured after being stuck under her car, the facts surrounding the situation did not lend themselves to an emergency situation that could justify the “warrantless intrusion” of stopping the woman’s car after she drove away.
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Judge pro tempore named for Terre Haute City Court

November 29, 2016
IL Staff
A retiring Vigo Circuit Court judge has been temporarily appointed judge of the Terre Haute City Court.
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7th Circuit to rehear Ivy Tech discrimination case Wednesday

November 29, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals will again consider whether the protections offered by Title VII of the 1964 Civil Rights Act extend to sexual orientation.
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7th Circuit dismisses appeal based on waiver

November 28, 2016
Olivia Covington
The 7th Circuit Court of Appeals has dismissed a convicted murderer’s appeal arguing that the waiver of his right to appeal should be ignored because his sentence was outside statutory requirements, calling the man’s argument “undesirable” and “nonsensical.”
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High court takes alcohol wholesaler case

November 28, 2016
Olivia Covington
The Indiana Supreme Court has agreed to hear a case that could decide whether beer and wine wholesalers can also be legally permitted to sell liquor in Indiana.
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Tax Court allows University of Phoenix to depose former revenue commissioner

November 28, 2016
Olivia Covington
The University of Phoenix Inc. can depose the former commissioner of the Indiana Department of State Revenue in a case related to the school’s income taxes after the Indiana Tax Court found that the former commissioner did not warrant a protective order to prevent him from testifying.
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Indiana Supreme Court revises attorney’s suspension

November 28, 2016
IL Staff
The Indiana Supreme Court has revisited a disciplinary order indefinitely suspending a Texas-based attorney and has instead imposed a revised suspension.
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Judge denies summary judgment on claim of sex discrimination by state police

November 28, 2016
Olivia Covington
A federal judge has denied summary judgment in favor of Indiana State Police in a sex discrimination case, finding that a former officer’s evidence in the case creates a factual dispute about her claim that the department decline to hire her for a civilian position after her retirement because she is a woman.
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Magnus-Stinson becomes chief judge for Southern District

November 28, 2016
IL Staff
Judge Jane Magnus-Stinson has been named chief judge of the U.S. District Court for the Southern District of Indiana. She assumed the leadership position Nov. 23, when Judge Richard Young’s term as chief judge expired.
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