Legal News

Northern District rules recognized for clear writing

March 19, 2015
IL Staff
A group that supports plain writing in government and business has given an award of distinction to the U.S. District Court for the Northern District of Indiana for a rewrite of its rules.
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Widow of Mel Simon sues government to recoup $21.4M

March 19, 2015
Scott Olson, IBJ Staff
The widow of Mel Simon is suing the U.S. government over a tax dispute in which she claims she is owed a refund of more than $20 million related to financial contributions he made to the Indiana Pacers totaling $83 million.
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Jury returns guilty verdicts in Indy Land Bank case

March 19, 2015
Cory Schouten, IBJ Staff
A federal jury on Wednesday evening returned guilty verdicts on eight felony counts including wire fraud and bribery against Reggie Walton, a former Indianapolis city employee who managed the Indy Land Bank.
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Pence asks Legislature for $15M to add DCS staff

March 18, 2015
IL Staff
On the same day the state released an independent report on workload and caseloads of staff at the Indiana Department of Child Services, Gov. Mike Pence sent a letter to several legislators seeking more funding to increase family case managers and supervisors at the state agency.
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Joint defense agreement does not prevent trust from suing attorney

March 18, 2015
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed that a joint defense agreement entered into by an attorney and the trust he helped to set up and for which he served as trustee did not bar the trust’s later lawsuit against him for claims arising from their business relationship.
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Justices affirm brother committed 3 separate breaches of contract

March 18, 2015
Jennifer Nelson
The Indiana Supreme Court agreed with the Court of Appeals on Tuesday that a man who purchased three properties outside of the joint business with his brother breached a noncompetition agreement with respect to all three properties.
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Justices dismiss Ball State from mother’s action seeking college expenses from ex-husband

March 18, 2015
Jennifer Nelson
Ball State University should not have been added as a supplemental defendant in a woman’s petition to modify child support and seek postsecondary expenses from her ex-husband for her daughter, the Indiana Supreme Court held Wednesday.
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NCAA appeal says students will lose if amateur sports rules tossed

March 18, 2015
 Bloomberg News
Professional sports and higher education are a losing combination for American college students and fans. That was the National Collegiate Athletic Association’s game-day argument as it seeks to reverse a judge’s ruling that the organization behind March Madness and January bowl games is running a multibillion-dollar cartel that cheats athletes.
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Supreme Court seeks comments on fee sharing, small claims rule changes

March 17, 2015
IL Staff
The Indiana Supreme Court Committee on Rules of Practice and Procedure wants to know what attorneys think about proposed rule amendments affecting fee sharing by attorneys and change of judge procedures in small claims cases.
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Former Indy Land Bank chief grilled over inconsistent testimony

March 17, 2015
Cory Schouten, IBJ Staff
Former Indy Land Bank director Reggie Walton opted to take the stand in his own defense in federal court this week, and prosecutors used the opportunity to use his words against him.
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COA affirms stalking conviction of man who followed teen in stores

March 17, 2015
Jennifer Nelson
A southern Indiana man who followed the same teenage girl through two stores on separate occasions, staying as close as five feet to her at all times, could not convince the Indiana Court of Appeals that his felony conviction for stalking needed to be overturned.
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NDLS hosting symposium on life, death and disease

March 17, 2015
IL Staff
An upcoming Notre Dame Law School symposium on regulating life, disease and death will feature a keynote speaker discussing legal preparedness for Ebola.
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Tax Court lacks jurisdiction to hear casino’s claim

March 17, 2015
Jennifer Nelson
The Indiana Tax Court on Monday dismissed a northern Indiana casino’s appeal of the LaPorte County treasurer’s failure to refund paid innkeeper’s tax, finding the court lacks subject matter jurisdiction.
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Indiana Supreme Court hears disputed adoption of 2 boys

March 17, 2015
 Associated Press
An attorney for a woman who's challenging her two grandsons' adoption by their maternal grandmother told the Indiana Supreme Court on Monday that their adoptions should never have happened because the other woman's felony conviction disqualifies her from being an adoptive parent.
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Sotomayor says SCOTUS lacks diverse life experience

March 16, 2015
 Associated Press
Justice Sonia Sotomayor says the Supreme Court of the United States has too many law professors, too many Ivy Leaguers, too many East Coasters and a lack of diverse life experience.
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California court reverses century-old racist lawyer ruling

March 16, 2015
 Associated Press
The California Supreme Court has reversed a 19th-century decision denying a Chinese immigrant's application to practice law in the state.
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Judge incorrectly considered acquitted charges in denying expungement petition

March 16, 2015
Jennifer Nelson
Facts from an incident that do not result in a felony conviction cannot be taken into consideration by a judge when determining a person is disqualified from filing for mandatory expungement of a different felony conviction resulting from the same incident, the Indiana Court of Appeals held Monday.
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Indiana sues auto parts dealer over unpaid fine, auto fluids

March 16, 2015
 Associated Press
Indiana's environmental agency is suing an auto parts dealer who was ordered last year to pay a $10,000 fine and clean up automotive fluids and other materials at his Muncie business.
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Mother’s due process rights deprived in termination hearing

March 16, 2015
Jennifer Nelson
In finding both constitutional and statutory guarantees were transgressed, the Indiana Court of Appeals reversed the decision by a lower court to convert an omnibus hearing on a termination of parental rights matter into a final hearing while mother was not present, which led to the termination of her parental rights.
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TIF funds can’t be used to maintain parks, COA affirms

March 16, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a Lake County trial court ruling that tax increment financing funds used in the redevelopment of Munster parks could not be used to later maintain the parks.
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Judges affirm drug dealer’s convictions but vacate portion of sentence

March 13, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claims that his convictions stemming from his involvement in a drug dealing operation should be overturned, but the judges did vacate the conditions of his supervised release Friday.
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Plaque and lecture series established to honor Randall Shepard

March 13, 2015
Marilyn Odendahl
Almost three years after an effort to honor retired Indiana Chief Justice Randall Shepard was launched, the project has taken a new direction that some applaud as better than the initial idea.
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Judge who oversaw troubled Clark County drug court finished

March 13, 2015
Dave Stafford
A former Clark Superior judge who oversaw the southern Indiana county’s drug court and left the bench amid allegations of jailing participants without due process will never serve as an Indiana judge again.
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At odds with Google, US seeks new rule on computer access

March 13, 2015
 Associated Press
The Justice Department is at odds with Google and privacy groups over the government's push to make it easier to locate and hack into computers in criminal investigations, a simmering conflict with constitutional and policy implications.
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Man’s right to speedy trial not violated, 7th Circuit says

March 13, 2015
Jennifer Nelson
The speedy-trial clock did not begin to run upon the federal government’s filing of a complaint and detainer against an Indiana man, so the 16-month delay in filing the federal indictment did not violate his right to a speedy trial, the 7th Circuit Court of Appeals affirmed Thursday.
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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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