Legal News

No new trial for Indiana woman convicted in deadly crash

March 5, 2015
 Associated Press
An Indianapolis woman convicted of killing six children and a man in a wrong-way, head-on collision along a state highway will not get a new trial, a judge has ruled.
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Class-action suit against Indiana BMV to go to mediation

March 5, 2015
 Associated Press
A class-action lawsuit that says the Indiana Bureau of Motor Vehicles overcharged customers by millions of dollars is set to go to mediation.
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Courts closed in southern Indiana due to weather

March 5, 2015
IL Staff
Severe weather and emergency travel restrictions have closed several federal courts in southern Indiana. The Evansville and New Albany offices of the U.S. District and Bankruptcy courts for the Southern District of Indiana are closed Thursday. The Clark County Government Building, which houses the Circuit courts, is also closed.
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Patients sue Lilly, claim Cymbalta withdrawal hazards

March 4, 2015
Dave Stafford
Two federal lawsuits filed in Indianapolis allege Eli Lilly’s top-selling antidepressant Cymbalta caused almost immediate dangerous withdrawal symptoms when patients attempted to stop using the medication.
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Indy Land Bank trial could turn on government wiretaps

March 4, 2015
Cory Schouten
Reginald T. Walton is guilty of "very poor judgment" and "ethics violations," and also "did a pretty good job concealing" his involvement in private real estate partnerships during his tenure leading the Indy Land Bank, but he's not guilty of any crime, his attorney argued in federal court Wednesday.
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SCOTUS sharply divided over Obamacare subsidies

March 4, 2015
 Associated Press
The Supreme Court of the United States was sharply divided Wednesday in the latest challenge to President Barack Obama's health overhaul, this time over the tax subsidies that make insurance affordable for millions of Americans.
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Judges tweak offender’s amount of credit time awarded

March 4, 2015
Jennifer Nelson
A trial court incorrectly calculated the amount of credit for the time a man had served prior to the revocation of his probation as well as the sentence imposed after the revocation, the Indiana Court of Appeals ruled.
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Ex-IMPD officer’s convictions upheld in 2010 fatal accident

March 4, 2015
Jennifer Nelson
Former Indianapolis Metropolitan Police Department officer David Bisard, convicted of drunken-driving offenses after he struck three motorcyclists while responding to a non-emergency call, was not entitled to a mistrial based on juror misconduct issues, the Indiana Court of Appeals ruled Wednesday.
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Judge: No 2nd lawyer for defendant in Hartford City killings

March 4, 2015
 Associated Press
A Blackford County judge has denied a request for a second court-appointed lawyer from an eastern Indiana man accused of killing a father and daughter.
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Tsarnaev's lawyer admits client carried out Boston bombing

March 4, 2015
 Associated Press
Dzhokhar Tsarnaev went on trial for his life Wednesday in the Boston Marathon bombing with his own lawyer bluntly telling the jury he committed the crime. But she argued that he had fallen under the influence of his older brother.
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Justices take environmental contamination appeal

March 3, 2015
IL Staff
The Indiana Supreme Court took just one case on transfer last week, a case involving a dispute over coverage for environmental contamination. The Court of Appeals ordered a trial on whether the known loss doctrine would bar insurance coverage, but later found that the “known claim” exclusion applies.
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COA finds man justly fired for violating sexual harassment policy

March 3, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by an administrative law judge that a nurse was not fired for just cause. The COA noted surprise that the man's claims he was joking when he made sexually inappropriate comments to co-workers led the ALJ to decide the actions did not amount to violation of his employer's sexual harassment policy.
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Man, not state, had priority in breeder’s award proceeds

March 3, 2015
Jennifer Nelson
A Marshall County trial court erred when it granted summary judgment in favor of the Indiana Department of Revenue on a man’s attempt to collect breeder’s award proceeds owed to another man who had outstanding tax warrants.
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Cumberland ups ante in fight to save historic church

March 3, 2015
Scott Olson, IBJ Staff
Cumberland officials are stepping up their efforts to stop a supermarket and convenience store chain from demolishing a historic church by hiring one of Indianapolis’ top real estate attorneys to argue their appeal.
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Judge's order adds Griffith, Hammond back into state tourney

March 3, 2015
 Associated Press
Two high school basketball teams kicked out of Indiana's state basketball tournament after a bench-clearing brawl have been allowed back in that tournament by a Lake County judge.
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US Supreme Court allows challenge to Colorado Internet tax

March 3, 2015
 Associated Press
A unanimous Supreme Court ruled Tuesday that federal courts can hear a dispute over Colorado's Internet tax law, a decision that could lay the groundwork for future changes in how states can tax retail sales to companies outside their borders.
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CASA Day at Statehouse set for Monday

March 3, 2015
IL Staff
Hundreds of Indiana court-appointed special advocates will gather Monday for CASA Day at the Statehouse in Indianapolis. The event will be at noon in the north atrium.
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Debate on common wage repeal lingers during contractor event

March 3, 2015
 Associated Press
A Republican-backed proposal to repeal the state law that sets wages for public construction projects requires further study instead of a quick vote, opponents of the measure said Monday.
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7th Circuit reinstates alleged racketeering lawsuit

March 2, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the decision of a federal judge to dismiss a man’s lawsuit because it is barred by the Rooker-Feldman doctrine. A man who had his gas station foreclosed upon claimed the defendants acted in cahoots to defraud him out of his business.
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COA affirms attorney fees in frivolous suit challenging Logansport P3 deal

March 2, 2015
Jennifer Nelson
A woman’s lawsuit that claimed the city of Logansport had to pass an ordinance formally adopting the Public-Private Agreements Act before entering into a P3 deal was frivolous and in bad faith, thus justifying the award of attorney fees to the city, the Court of Appeals affirmed.
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Zoeller asks justices to uphold ‘Spice’ law COA struck down

March 2, 2015
Dave Stafford
Indiana’s ‘Spice’ law that a pair of divided Court of Appeals panels ruled unconstitutional last month should be reinstated, Attorney General Greg Zoeller argues in briefs asking the Indiana Supreme Court to review the decisions.
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Chronic litigator’s suit seeking $3 trillion tossed with warning

March 2, 2015
Dave Stafford
A federal judge has had about enough from a litigant who has brought so many frivolous lawsuits that he may be barred from filing future complaints.
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Woman may pursue negligence claim against pharmacist

March 2, 2015
Jennifer Nelson
The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.
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Applications open to replace Friedlander on Court of Appeals

March 2, 2015
Dave Stafford
Qualified applicants interested in being considered for a pending vacancy on the Indiana Court of Appeals may apply online through April 27.
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Justices reverse grant of motion to suppress based on pat-down search

March 2, 2015
Jennifer Nelson
In a 4-1 decision Monday, the Indiana Supreme Court ruled it is not inherently coercive for police to give conditional permission to step out of a vehicle during a traffic stop, subject to the motorist’s consent to a pat-down search.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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