Legal News

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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Justices take FSSA reimbursement case

October 11, 2011
IL Staff
The Indiana Supreme Court has granted transfer to a case in which the Indiana Court of Appeals ordered a state agency to pay a long-term care facility after the agency terminated its contract with the facility.
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SCOTUS won't take Indiana bar exam case

October 11, 2011
Michael Hoskins
The Supreme Court of the United States has declined to take several Indiana cases, including a federal suit against the state’s Board of Law Examiners filed by a man who wants to take the bar exam without going to law school.
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ACLU raising funds to support outreach efforts

October 11, 2011
IL Staff
The American Civil Liberties Union of Indiana has launched a three-year drive to raise funds for educating Indiana residents about human and constitutionally guaranteed rights and freedoms and to lead the fight against violations of those rights.
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Legislative study committee to discuss UPL

October 10, 2011
Jennifer Nelson
The Indiana Probate Code Study Commission, which meets for the first time this year on Wednesday, will focus on three items at its meeting, including the unauthorized practice of law.
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Securities law conference Oct. 18

October 10, 2011
IL Staff
The Indiana Continuing Legal Education Forum will host a conference on securities law from 8:30 a.m. to 4:30 p.m. Oct. 18 at the ICLEF Conference Facility, 230 E. Ohio St., 5th floor, Indianapolis.
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Deadline approaching for criminal justice grant

October 10, 2011
IL Staff
On Sept. 30, the Bureau of Justice Assistance announced an award of $4,423,859 for the Indiana Criminal Justice Institute Edward Byrne Memorial Justice Assistance Grant (JAG). The deadline to apply for JAG funds is Oct. 31.
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COA affirms jury's rejection of insanity defense

October 7, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with a jury in rejecting a man’s insanity plea, holding that even when crimes seem horrific and senseless, that does not mean the perpetrator is legally insane.
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'Best Practices' will not advance to rulemaking stage

October 7, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
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Attorney must register as a sex offender

October 7, 2011
Jennifer Nelson
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
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New bankruptcy rules effective Oct. 11

October 7, 2011
IL Staff
The United States Bankruptcy Court, Southern District of Indiana, issued an order Oct. 5 amending local bankruptcy rules.
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COA: Remonstrators didn't request timely stay of annexation

October 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
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Deputy owed no duty to warn of icy road

October 6, 2011
Jennifer Nelson
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
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New fee allows for online payment of traffic tickets

October 6, 2011
IL Staff
The Indiana Supreme Court Division of State Court Administration has created an electronic system fee to allow people the ability to pay online for a traffic ticket in courts that use Odyssey.
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Foster families get in free to Marengo Cave

October 6, 2011
IL Staff
Thanks to a partnership between Marengo Cave and the Indiana Department of Child Services, foster parents and their foster, biological and stepchildren will be able to get in to Marengo Cave’s guided walking tours for free.
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COA: Court erred in admitting probable cause affidavit

October 5, 2011
Jennifer Nelson
A trial court should not have admitted a probable cause affidavit that contained multiple layers of hearsay at a probation revocation hearing, the Indiana Court of Appeals concluded Wednesday.
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Supreme Court appoints new CLE commission member

October 5, 2011
IL Staff
The Indiana Supreme Court has appointed Steven M. Badger of Indianapolis to the Indiana Commission for Continuing Legal Education, effective Jan. 1, 2012.
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Justices take certified questions

October 5, 2011
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions stemming from a case in the Southern District of Indiana.
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Judges extend due process safeguards regarding interpreters to civil cases

October 4, 2011
Jennifer Nelson
A trial court must take the same steps in a civil action as it does in a criminal action regarding the use of an interpreter in order to address due process concerns, the Indiana Court of Appeals held for the first time Tuesday.
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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. 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

  3. 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!

  4. 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.

  5. 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.

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