Legal News

COA reverses worker's comp board on prescription drug denial

June 13, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.
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Evansville attorney, JLAP advocate dies

June 13, 2011
Jennifer Nelson
An Evansville attorney and founding member of the modern Evansville Bar Association Lawyers Assistance Committee died June 9.
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Judges affirm motion to suppress after illegal police entry

June 10, 2011
Jennifer Nelson
An Indiana Court of Appeals judge wrote a separate opinion in an unlawful arrest case, emphasizing that the facts before the court differ from those before the Indiana Supreme Court justices in Barnes v. State.
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COA reverses judgment for apartment manager in negligence case

June 10, 2011
Jennifer Nelson
In ruling on a slip-and-fall case involving injury occurring in an apartment complex parking lot during the winter, the Indiana Court of Appeals noted that there are not any Indiana cases with an identical fact pattern, so they looked to a similar Missouri case for guidance.
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Bankruptcy judge reappointed to 14-year term

June 10, 2011
IL Staff
The 7th Circuit Court of Appeals has reappointed Bankruptcy Judge Anthony J. Metz III in the U.S. District Court’s Southern District of Indiana to another 14-year term when his current term ends Nov. 14, 2011.
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SCOTUS: Vehicular flight from police is 'violent' felony

June 9, 2011
Michael Hoskins
The nation’s highest court has upheld an Indianapolis federal judge's ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
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COA rules on public utility issues

June 9, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed in part and reversed in part the decision by the Indiana Utility Regulatory Commission finding United States Steel Corp. acted as a public utility when it delivered electricity and natural gas to another steel producer in northwestern Indiana.
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Pro Bono Commission receives cy pres award

June 9, 2011
IL Staff
The Indiana Pro Bono Commission has received an award for the benefit of its districts that comes from a class-action lawsuit.
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7th Circuit affirms ruling against former jail nurses

June 9, 2011
Jennifer Nelson
In a discrimination and hostile work environment case, the 7th Circuit Court of Appeals concluded for the first time that displays of confederate flags in the workplace may support a hostile work environment claim. However, the judges agreed with the District Court that several African-American nurses formerly employed by a Marion County jail could not support their legal claims.
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Legislators file amicus brief asking for narrowed Barnes decision

June 9, 2011
Jennifer Nelson
Seventy-one Indiana legislators have signed an amicus curiae brief that asks the Indiana Supreme Court to narrow its recent decision that held Hoosiers have no right to resist unlawful police entry into their homes. The defendant's attorney in the case has also asked for a rehearing.
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SCOTUS rules on Indiana 'crime of violence' case

June 9, 2011
Michael Hoskins
The nation’s highest court has upheld an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
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Man’s Sixth Amendment right not violated

June 8, 2011
Jennifer Nelson
The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.
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Legislative committee to look at Barnes decision

June 8, 2011
Jennifer Nelson
Not since daylight-saving time has an issue agitated Sen. Brent Steele’s constituents as much as the recent decision by the Indiana Supreme Court on illegal police entry.
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Judges rule on legal malpractice action

June 8, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a man has standing to pursue his legal malpractice action, although issues of material fact preclude him from summary judgment as to the attorney’s liability for malpractice.
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COA: Statute of repose doesn't bar woman's complaint

June 8, 2011
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t barred by a statute of repose.
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Touched by controversy

June 8, 2011
Michael Hoskins
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.
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Disconnect between immigrants and the law leads to confusionRestricted Content

June 8, 2011
Jenny Montgomery
After chatting with a colleague, Marion County Deputy Prosecutor Andrew Fogle decided something needed to be done about the relationship between immigrants and law enforcement.
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Justices rule: No right to resist

June 8, 2011
Michael Hoskins
The Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist police from entering their homes, no matter the situation and regardless of whether the entry is legal.
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Keeping baseball legal

June 8, 2011
Michael Hoskins
An Indianapolis sports law attorney who represented a prosecution witness at the start of the baseball steroid case against Barry Bonds recently saw the final “at bat” for the prosecution and defense in a California courtroom.
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Law firm managers plan for the worstRestricted Content

June 8, 2011
Jenny Montgomery
Like other businesses, law firms know it is vital to be able to serve clients during times of disaster. Locally, many firms have begun developing or have revisited business continuity plans – particularly after 2006 when a strong storm whipped through downtown Indianapolis and shattered the windows in a high-rise building, displacing several law firms.
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New judicial selection battle ahead?

June 8, 2011
Michael Hoskins
Indiana may soon see its next battle over how the state’s top judges are selected.
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Switching sides: defenders become plaintiffs' attorneysRestricted Content

June 8, 2011
Jenny Montgomery
Bloomington attorney Mike Phelps was a successful defender for insurance companies for nine years.  But a personal injury case that he won on behalf of the defendant caused him to question whether he was ready for a change.
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Local counsel rule found unconstitutional

June 8, 2011
Michael Hoskins
The 7th Circuit Court of Appeals recently ruled that the Northern District of Indiana was essentially creating a built-in appeal issue on ineffective assistance of counsel, and it called out a senior judge for violating a man’s Sixth Amendment right to choose his own lawyer.
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ITLA volunteers connecting with community

June 8, 2011
Kelly Lucas
Time is money. Money makes the world go ’round. So what is so powerful that it can motivate busy lawyers to give up both? Perhaps it is the realization that with a small donation of each, they have the power to help alleviate hunger among children and families in central Indiana.
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Family law attorney dies after battle with cancer

June 8, 2011
IL Staff
Attorney Stephenie Sutliff Jocham, a founder of Carmel firm Jocham Harden Dimick Jackson, died June 2 following a battle with cancer.
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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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