Legal News

Justices take 4 cases

February 5, 2013
IL Staff
The Indiana Supreme Court granted transfer to four cases last week, including three that involved divided lower court rulings.
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COA orders trial on drug charges

February 5, 2013
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.
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Judges uphold sexually violent predator status

February 5, 2013
Jennifer Nelson
The Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent predator status constituted a fundamental error, so the court upheld the SVP status.
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Man entitled to new trial based on trial counsel’s performance

February 5, 2013
Jennifer Nelson
A man convicted on a drug dealing charge and found to be a serious violent felon will have a new trial because his trial attorney did not file a motion to bifurcate the dealing and SVF charges, which prejudiced him, the Indiana Court of Appeals ruled.
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Constitutional amendment on right to hunt, fish out of committee

February 5, 2013
IL Staff
A proposal to add the right of Hoosiers to hunt and fish to the Indiana Constitution passed unanimously out of the Senate Committee on Agriculture and Natural Resources Monday.
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DWD, prosecutor team up to target unemployment insurance fraud

February 5, 2013
IL Staff
Indiana Department of Workforce Development Commissioner Scott Sanders and Marion County Prosecutor Terry Curry announced a new partnership between the offices Monday to investigate and prosecute individuals accused of fraudulent unemployment insurance claims.
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Eliminating judges’ mandatory retirement to get hearing

February 5, 2013
Dave Stafford
A bill to eliminate mandatory retirement at age 75 for Indiana Supreme Court justices and Court of Appeals judges will be heard in the Senate Judiciary Committee on Wednesday.
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Longtime IU Maurer dean worked in ‘dream job’ for 33 years

February 4, 2013
IL Staff
Leonard Dennis Fromm, associate dean for students and alumni affairs at Indiana University Maurer School of Law, died Feb. 2 at the I.U. Health Bone Marrow Transplant Unit in Indianapolis. A celebration of his life will be held later this week.
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Jury selected in Marsh civil trial

February 4, 2013
Dan Human
Don Marsh will have a lot of explaining to do about millions of dollars in expenses he charged to Marsh Supermarkets during a two-week civil trial that got underway Monday morning.
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Ex-wife ordered to return money husband stole from nonprofit

February 4, 2013
Jennifer Nelson
A woman whose ex-husband committed suicide after his scheme to steal money from his employer unraveled must pay back to the company money she received from her husband during and after their marriage, the Indiana Court of Appeals ruled Monday.
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State to get $1.6M in ‘robo-signing’ settlement

February 4, 2013
IL Staff
Indiana will receive more than $1.6 million from a Florida-based company after agreeing to settle claims that it fraudulently “robo-signed” mortgage-related documents. Indiana Attorney General Greg Zoeller announced the settlement Friday, which is part of a $120 million multi-state settlement with Lender Processing Services Inc.
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Certain religious organizations may not have to provide contraceptives

February 4, 2013
Jennifer Nelson
Religious employers – primarily churches and other non-profits – will no longer have to provide contraceptive coverage if they have religious objections under the Patient Protection and Affordable Care Act if proposed amendments by the U.S. Department of Health and Human Services are implemented.
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Defense attorneys turn tough in Bales trial

February 1, 2013
Cory Schouten
The legal team representing real estate broker John M. Bales and partner William E. Spencer haven't called their first witness and already they're putting up a spirited fight as federal prosecutors seek to prove charges including bank, mail and wire fraud.
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Judges uphold sentence, but revise original opinion

February 1, 2013
Jennifer Nelson
The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.
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7th Circuit reverses dismissal of prisoner’s suit

February 1, 2013
Jennifer Nelson
A lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.
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Right to hunt amendment hearing Monday

February 1, 2013
IL Staff
The Senate Agriculture and Natural Resources Committee will hear Senate Joint Resolution 7 Monday, which looks to add to the Indiana Constitution the right to hunt and fish.
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House Judiciary Committee to look at foreclosure fee, privacy issues

February 1, 2013
IL Staff
At Monday’s House Judiciary Committee, members will discuss three bills, including one that requires a court clerk to collect a $50 mortgage foreclosure counseling and education fee in certain cases.
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Fraudulent concealment tolls Wrongful Death Act’s limitations period

January 31, 2013
Jennifer Nelson
The Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of first impression.
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Former Venture employee turns on Bales during testimony

January 31, 2013
Cory Schouten
An FBI investigation into Venture Real Estate Services and principals John Bales and Bill Spencer had already begun when Matthew Dyer signed on as the company's controller in December 2009.
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Couple had to get permit before installing septic systems

January 31, 2013
Jennifer Nelson
Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.
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Court reverses grant of custody to grandmother

January 31, 2013
Jennifer Nelson
Finding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of her mother.
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Husband’s settlement proceeds should be included in marital pot

January 31, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds from an action against his former employer as a marital asset when he and his wife divorced.
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Weinberger owes patient $150k for unnecessary surgery

January 31, 2013
Jennifer Nelson
Dr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’ sinuses, must pay one patient $150,000 on a medical malpractice claim.
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Judges affirm 53-year sentence for bank shooting

January 31, 2013
Jennifer Nelson
The man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by the Indiana Court of Appeals.
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7th Circuit grants injunction in company’s suit against providing employees contraceptives

January 31, 2013
Jennifer Nelson
Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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