Legal News

Man pleads guilty to espionage, theft

October 18, 2011
IL Staff
A Chinese national and former employee of Dow AgroSciences LLC pleaded guilty Tuesday to economic espionage and theft of trade secrets in federal court. Kexue Huang’s case is the first prosecution in Indiana for foreign economic espionage.
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Symposium will look at constitutionality of Affordable Care Act

October 18, 2011
IL Staff
Indiana University Maurer School of Law will conduct a mini-symposium on the constitutionality of the federal health care legislation in honor of a former professor at the law school.
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Justices accept 2 cases, decline feticide case

October 17, 2011
Michael Hoskins
The Indiana Supreme Court has taken two cases and declined to accept more than two dozen petitions seeking transfer.
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Legal story wins best documentary

October 17, 2011
IL Staff
The story of the legal battle to free a woman from prison after 26 years took the top documentary award at the Heartland Film Festival.
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'Law Day' to host 121 schools

October 17, 2011
IL Staff
Representatives from 121 law schools will attend Indiana University Bloomington Law Day on Oct. 25 to meet with prospective students and talk about admission procedures and requirements.
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Committees meet this week to discuss Barnes, code revision

October 17, 2011
IL Staff
A legislative subcommittee meeting Thursday will consider preliminary drafts of legislation to clarify Indiana law in the wake of the Indiana Supreme Court’s decision upholding that residents have no common law right to resist police entering a person’s home.
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Howard County woman honored for CASA work

October 17, 2011
IL Staff
The Indiana Supreme Court’s state office of Court Appointed Special Advocates honored Ronda Moyers of Howard County as Volunteer of the Year at the 15th annual GAL/CASA conference. She was nominated by a child who she advocated for while the child was in foster care.
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COA: Man wasn't denied fair trial by judge

October 14, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s attempted murder conviction, finding the trial judge did not act in a way to deny the defendant a fair trial.
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Lawmakers taking second look at 'second chance law'

October 14, 2011
Michael Hoskins
Legislators want to take a second look at a new law passed this year that gives Indiana residents with nonviolent criminal histories a chance to limit public access to parts of their record.
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Judges to go to Oakland City for arguments

October 14, 2011
IL Staff
Indiana Court of Appeals judges Melissa May, Michael Barnes and Terry Crone will hear a convicted murderer’s appeal for post-conviction relief at Oakland City University Oct. 19.
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COA: Judge erred in giving jury instruction

October 13, 2011
Jennifer Nelson
A Jefferson Superior judge erred in giving a jury an instruction on a lesser included offense of domestic battery because there wasn’t a serious evidentiary dispute about whether the battery was committed in the presence of children, the Indiana Court of Appeals held Thursday.
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Appellate court reverses summary judgment for insurer

October 13, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a hotel’s insurance company in a negligent hiring suit, ruling there is a question as to whether the teenage hotel guest was under the “care, custody or control” of the hotel at the time the teen was molested by an employee.
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Indiana State Bar Association launches wellness committee

October 13, 2011
IL Staff
Incoming Indiana State Bar President C. Erik Chickedantz is asking lawyers to get active as part of a new statewide initiative to promote health and personal well-being in the legal profession.
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Baker & Daniels, Faegre & Benson confirm merger

October 12, 2011
Jenny Montgomery
Tom Froehle, chief executive partner for Baker & Daniels, and Andrew Humphrey, chair of Faegre & Benson’s management committee, held a joint news conference Oct. 12 to formally announce that the two firms will merge, effective Jan. 1, 2012. The new firm – Faegre Baker Daniels – will have 770 attorneys and 45 consultants in the United States and abroad, Humphrey said.
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Appellate court tackles child support issues

October 12, 2011
Jennifer Nelson
In three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could have their support obligations modified.
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Judges rule against hospital in fee suit

October 12, 2011
Jennifer Nelson
Citing caselaw that goes back 120 years, the Indiana Court of Appeals reversed a Marion Superior judge’s dismissal of a complaint against a central Indiana hospital pursuant to Indiana Trial Rule 12(B)(6).
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AG wants federal government added to lawsuit

October 12, 2011
IL Staff
Indiana Attorney General Greg Zoeller filed motions in federal court Tuesday asking that the federal government be joined as a necessary party to the state’s immigration lawsuit.
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COA chief judge receives Antoinette Dakin Leach Award

October 12, 2011
IL Staff
Indiana Court of Appeals Chief Judge Margret Robb was given the 2011 Antoinette Dakin Leach Award Oct. 5 by the Indianapolis Bar Association’s Women and the Law Division at a recent symposium.
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Baker & Daniels, Faegre & Benson confirm merger

October 12, 2011
Jenny Montgomery
Tom Froehle, chief executive partner for Baker & Daniels, and Andrew Humphrey, chair of Faegre & Benson’s management committee, held a joint news conference Oct. 12 to formally announce that the two firms will merge, effective Jan. 1, 2012.
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Canines in courtRestricted Content

October 12, 2011
Jenny Montgomery
Advocates say dogs can help minimize stress for victims.
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Indiana State Fair tragedy renews cap debateRestricted Content

October 12, 2011
Michael Hoskins
Indiana attorneys and legislators are embarking on a broader discussion about the state’s current tort claim cap and whether that decades-old limit is adequate to address the scope of this situation.
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Rule revision aims to broaden use of limited scope representationRestricted Content

October 12, 2011
Michael Hoskins
The Indiana Supreme Court revised the Indiana Rules of Trial Procedure to allow pro se litigants and other potential clients to use limited scope representation more often and without some of the restraint they’ve had in the past.
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Mergers increase following dry spellRestricted Content

October 12, 2011
Jenny Montgomery
More firms unite in 2011, seeking to broaden reach.
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Guidance offered on incarcerated parents' attendance at termination hearings

October 11, 2011
Michael Hoskins
Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.
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State justices accept certified question

October 11, 2011
Michael Hoskins
The Indiana Supreme Court will consider a certified question from federal court concerning disability pension funds for police and firefighters who are already eligible and receiving benefits governed by Indiana statute.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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