Legal News

Insurer on the hook for nearly $64,000 in home repairs following storm

November 5, 2014
Jennifer Nelson
An insurance company, based on the terms of its policy, is required to cover storm damage to the home of a northern Indiana couple, the Indiana Court of Appeals affirmed Wednesday. The insurer argued deteriorated shingles were the cause of the water damage in the home.
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COA affirms South Dakota law applies to personal injury case

November 5, 2014
Jennifer Nelson
A Marion Superior Court did not err when it decided that the location of an accident involving a drowsy driver – South Dakota – should be the applicable law in a case brought in Indiana.
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Attorney: Candidate's arrest politically motivated

November 5, 2014
 Associated Press
An attorney says the Election Day arrest of a central Indiana town council candidate was politically motivated.
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Appeals court weighing Indiana strip club dispute

November 5, 2014
 Associated Press
A federal appeals court is now considering whether northeastern Indiana city officials acted properly when they prevented a strip club from opening.
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Teen gets Marion County summons to serve on jury

November 5, 2014
 Associated Press
A Speedway High School freshman on Monday received a summons in the mail to serve on a jury in Marion County.
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Second chance law needs a second look

November 5, 2014
Marilyn Odendahl
Attorneys say Indiana's expungement law still has issues that the Legislature needs to fix.
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Defendant argues jury erred by disregarding experts

November 5, 2014
Marilyn Odendahl
A Steuben County man convicted of attempted murder by a jury of his peers is asking the Indiana Supreme Court to take the rare step of reversing the verdict on the grounds the jury ignored evidence that he was delusional on the day he committed the crime.
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Serving those who served

November 5, 2014
Dave Stafford
More veterans courts are popping up around the state, with a focus on individual treatment and establishing mentorships.
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Grassroots group challenges jail plan, wants focus on jobs

November 4, 2014
Kathleen McLaughlin
A grassroots, church-based organization is trying to stir up voter interest in Marion County’s plan for a new criminal justice complex and questioning the need to expand jail capacity.
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Republicans try to preserve Indiana dominance

November 4, 2014
 Associated Press
Indiana Republicans spent more than a decade building a strong grip on Indiana's state offices, and voters headed to the polls Tuesday to decide whether they should maintain that hold.
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Survey: Corporate counsel use buying power to control costs

November 4, 2014
IL Staff
Corporate chief legal officers are using their buying power to get lower fees or alternate fee arrangements from outside counsel, and they’re also keeping more work in-house, according to the 15th annual Altman Weil Chief Legal Officer Survey.
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New judge takes Lake County bench

November 4, 2014
IL Staff
Bruce D. Parent has taken his seat on the Lake Superior Court bench.
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Justices take trio of criminal cases

November 3, 2014
Dave Stafford
The Indiana Supreme Court added three criminal cases to its docket last week.
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Judge: Heroin use is driving explosion in CHINS filings

November 3, 2014
Dave Stafford
More than 25,000 Marion County youths have been referred to juvenile court this year for adjudication as children in need of services, an increase of more than 35 percent compared to last year.
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DCS supervisor testimony did not sway case against father

November 3, 2014
Marilyn Odendahl
Allowing a child services supervisor’s hearsay testimony about a father’s fitness to retain his parental rights was, at most, a harmless error, the Indiana Court of Appeals has ruled.
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Judge rejects bid for injunction in Indianapolis judicial elections

November 3, 2014
Dave Stafford
A federal judge last week denied a request from Democratic candidates who sued to be placed on Tuesday’s general election ballot for Marion Superior judge.
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Southern District opens comment period on proposed rule changes

November 3, 2014
IL Staff
The federal court for the Southern District of Indiana will accept comments through the end of November on proposed rule changes pertaining to filing under seal and non-electronic filing.
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Summary judgment inappropriate in light of pending discovery

October 31, 2014
Marilyn Odendahl
Noting a pending discovery may still turn up answers, the Indiana Court of Appeals overturned a summary judgment and allowed a feud between former business partners to continue.
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Treatment facility that released patient information not entitled to summary judgment

October 31, 2014
Marilyn Odendahl
A man who says he is suffering negative repercussions after a mental health facility released his medical information to a family member will be able to move forward with his case in court.
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COA: Insurance agent did not have duty to advise

October 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of an agent and an insurance company after the owner of a pub sued them believing they owed a duty to advise that the policy the pub chose would be insufficient to cover the replacement cost of the building.
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Judges affirm county commissioners can sue attorney for legal malpractice

October 31, 2014
Jennifer Nelson
The trial court did not err in denying an attorney’s motion to dismiss a legal malpractice claim brought against him by Clark County’s Board of Commissioners and Aviation Board, the Indiana Court of Appeals ruled.
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Trial court lacked authority to order dad to pay for child’s college

October 31, 2014
Jennifer Nelson
Tackling an issue of first impression involving a request for payment of post-secondary education expenses, the Indiana Court of Appeals held that a child support order under I.C. 31-16-6-6 refers to the parties’ most recent order concerning support.
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7th Circuit will hear killer’s appeal en banc

October 31, 2014
IL Staff
The full 7th Circuit Court of Appeals will decide whether an Arkansas man on death row should die for killing a Texas woman nearly 20 years ago. The judges decided Wednesday to grant Bruce Carneil Webster’s petition for rehearing en banc.
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COA dismisses appeal as moot since inmate has been released

October 31, 2014
Jennifer Nelson
Because a man who was sent to the Department of Correction after his community corrections placement was revoked has been released from prison, his appeal is moot, the Indiana Court of Appeals ruled Friday.
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Judges dismiss appeal of small claims judgment as untimely

October 31, 2014
Jennifer Nelson
Finding an auto dealer untimely appealed the denial of his motion to correct error regarding a judgment in favor of a buyer, the Indiana Court of Appeals dismissed the appeal.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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