Legal News

Opinion affirms New Albany has zoning jurisdiction over fringe area of county

January 16, 2014
Jennifer Nelson
In a dispute between the city of New Albany and Floyd County concerning which entity has zoning jurisdiction over an unincorporated area outside city limits, the Indiana Court of Appeals affirmed summary judgment for the city.
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Company can’t prevail in appeal on claims of collusion

January 16, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.
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Dickson: Lawmakers’ help needed to fix Marion County Small Claims courts

January 15, 2014
Dave Stafford
Indiana Chief Justice Brent Dickson told a joint session of the General Assembly Wednesday that lawmakers’ help was needed to fix Marion County Township Small Claims Courts, which have been plagued by allegations of forum shopping and other criticism.
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Hamilton County considers veterans court

January 15, 2014
Andrea Muirragui Davis, Dave Stafford
A problem-solving court that could offer diversion programs for veterans charged with minor offenses is under consideration in Noblesville.
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Inaccurate drain location data causes city to lose negligence suit

January 15, 2014
Jennifer Nelson
Because the city of Fort Wayne did not provide accurate locations of its drains to a utility company involved in constructing an underground monolith, its negligence suit against the utility company can’t survive summary judgment. An underground drain was damaged during the process, causing flooding in the area.
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Law student honored for cross-country golf fundraiser

January 15, 2014
IL Staff
Luke Bielawski was honored Tuesday at the Indiana Statehouse for his novel fundraising efforts. The Indiana University Robert H. McKinney School of Law student made headlines last year when he hit golf balls across the country to raise money for an Indianapolis high school serving at-risk students.
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Suspension may herald end of Kimberly Brown’s judicial career

January 15, 2014
Dave Stafford
Before suspended Marion Superior Judge Kimberly Brown was facing possible removal from the bench for dozens of disciplinary counts, she had difficulties in her prior court, according to recent filings arguing for the ultimate sanction against a judge.
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McKinney honored for efforts to eliminate discrimination

January 14, 2014
IL Staff
Attorney and law school benefactor Robert H. McKinney is being honored by the Anti-Defamation League for his work combating discrimination and hate.
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Snoozing worker wins reversal on ADA claim against employer

January 14, 2014
Marilyn Odendahl
An Indiana company violated the Americans with Disabilities Act when it fired an employee for falling asleep on the job after it learned the worker had a medical condition covered by the federal protection.
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Rockport plant opponents appeal quick permit extension

January 14, 2014
Dave Stafford
Environmental groups opposed to a controversial coal gasification plant proposed for southwest Indiana have asked for state administrative review of a permit that was extended without a hearing on the day it was set to expire.
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Charlie White stays free pending appeal

January 14, 2014
Dave Stafford
Convicted former Secretary of State Charlie White’s sentence of one year of home detention will not be executed pending his post-conviction relief appeal, a judge ruled last week.
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House committee ends hearing without vote on marriage amendment

January 13, 2014
Marilyn Odendahl
After more than three hours of testimony, the House of Representatives Judiciary Committee recessed Monday without taking a vote on the constitutional marriage amendment and accompanying bill.
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Justices to review teacher’s explicit messages to student

January 13, 2014
Dave Stafford
A Starke County teacher who was charged with sending sexually explicit Facebook messages to a 16-year-old student will have to face the Indiana Supreme Court, which will review the Court of Appeals’ order to dismiss the counts.
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Bankruptcy Court seeks comment on local rule changes

January 13, 2014
IL Staff
The public has until Jan. 31 to comment on proposed amendments to local rules in the U.S. Bankruptcy Court in the Southern District of Indiana. Local Rules that have been amended include B-1007-2, Noticing, Balloting and Claims Agents and B-9010-1, Appearances.
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Judge firearm, ‘ag-gag’ bills to get hearings Tuesday

January 13, 2014
IL Staff
Legislation that would increase the penalties for battery on a judicial officer and provide judges the same immunity as law enforcement officers for possession and use of a firearm will be heard by an Indiana Senate Committee on Tuesday.
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Longtime Lake Superior judge dies at 78

January 10, 2014
IL Staff
Lake Superior Judge Gerald N. Svetanoff, 78, died Wednesday. Svetanoff was the longest-serving Lake Superior judge at the time of his death.
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7th Circuit: Ineffective assistance claim can’t challenge deportation

January 10, 2014
Dave Stafford
A legal permanent resident who argued pro se that ineffective assistance of legal counsel led to his deportation after he pleaded guilty to cocaine distribution failed to persuade the 7th Circuit Court of Appeals to reinstate his claim that was dismissed by a federal court.
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Henderson, Shepard among most influential in legal education

January 10, 2014
IL Staff
National Jurist magazine has named two Indiana University faculty members to its list of the 25 most influential people in legal education.
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Supreme Court suspends Judge Kimberly Brown pending final discipline

January 9, 2014
Dave Stafford
The Indiana Supreme Court has suspended Judge Kimberly Brown as justices consider a recommendation that she be removed from the bench for multiple violations of the Code of Judicial Conduct.
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College cook not erroneously denied unemployment benefits

January 9, 2014
Jennifer Nelson
A cook at St. Joseph’s College in Rensselaer couldn’t convince the Indiana Court of Appeals that he was entitled to unemployment benefits for the summer of 2012.
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COA reverses treble damages in business deal gone bad

January 9, 2014
Jennifer Nelson
A trial court erred in awarding treble damages to an Indiana man who entered into a business venture with a North Carolina couple that ended up costing him more than $1 million in money owed to him, the Indiana Court of Appeals concluded Thursday.
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Indiana has no jurisdiction in case of damaged boat

January 9, 2014
Jennifer Nelson
The Indiana Court of Appeals found a plaintiff’s claims that personal jurisdiction existed in Indiana over a Michigan company involved in a lawsuit about his damaged boat didn’t hold water.
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Woman did not breach duty to man injured while on property uninvited

January 9, 2014
Jennifer Nelson
Summary judgment was properly awarded to the owner of lake-front residential property in a man’s lawsuit filed after he was seriously injured in a hammock accident while on her property uninvited, the Indiana Court of Appeals held Thursday.
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Rep. Turner introduces resolution defining marriage

January 9, 2014
IL Staff
Rep. Eric Turner, R-Cicero, filed House Joint Resolution 3 Thursday, which looks to ban same-sex marriage in Indiana through the state Constitution. He also introduced a bill describing the legislative intent of offering the amendment.
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7th Circuit orders judge to reconsider sentence

January 8, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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