Legal News

Dickson saluted after final Statehouse argument

April 7, 2016
Dave Stafford
Retiring Indiana Supreme Court Justice Brent Dickson heard his final argument at the Statehouse courtroom Thursday, where his fellow justices and those arguing and attending saluted him with a standing ovation.
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COA: Agreed judgment not appealable

April 7, 2016
Scott Roberts
The Indiana Court of Appeals said an agreed judgment is not appealable and reversed a Marion Superior Court decision that ruled in favor of a woman who prolonged judgment in the court so she wouldn’t have to pay $850 in medical bills and fees.
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7th Circuit: No discrimination in firing

April 7, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a woman did not suffer discrimination and the company did not retaliate against her for filing a workers’ compensation claim after she was fired for extending her medical leave.
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Planned Parenthood files suit challenging new Indiana abortion law

April 7, 2016
Scott Roberts
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of Planned Parenthood of Indiana and Kentucky challenging the recently enacted legislation that does not allow women to get abortions if the fetus may have a disability or potential diagnosis of a disability.
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COA: Man can keep $25,000 deposit

April 6, 2016
Scott Roberts
A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.
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COA: Woman’s motion in divorce case can stand

April 6, 2016
Scott Roberts
The Indiana Court of Appeals ruled a woman seek to modify a divorce agreement after she found her husband hid more than $1 million in undisclosed assets five years later.
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Patriots fans sue NFL over team's 'Deflategate' punishment

April 6, 2016
 Associated Press
A group of New England Patriots fans have sued the NFL in an effort to recover the first-round draft pick taken from the team as punishment for the "Deflategate" scandal.
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Man can sue prison for failure to protect him

April 6, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a prisoner can seek remedies against prison staff who did not protect him from other inmates who were throwing feces at him. It found the man had exhausted all of his remedies before filing suit.
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7th Circuit: State immune from FLSA suit

April 6, 2016
Scott Roberts
The 7th Circuit affirmed that Indiana was immune from a Federal Labor Standards Act lawsuit brought by two Department of Child Services Employees. The court said the state did not give consent for the suit, and thus had 11th Amendment immunity under the U.S. Constitution.
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Indiana State Police trooper sued again over proselytizing

April 6, 2016
 Associated Press
An Indiana State Police trooper faces a second lawsuit accusing him of preaching his faith to citizens while on duty.
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Justices: Man who moved back to Indiana must register as sex offender

April 6, 2016
Scott Roberts
A man who moved back to Indiana in 2013 after he was convicted of child molesting in 1989 must still register as a sex offender, the Indiana Supreme Court ruled Tuesday. His registration does not cause an ex post facto violation nor place an additional punishment on him.
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Motor vehicle accident: Noblesville collision

April 6, 2016
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Line in the sand

April 6, 2016
Dave Stafford
Public access and use of the Lake Michigan shore clashes with private property rights in heated case of first impression.
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Indy Rezone creates roadmap for city’s future

April 6, 2016
Marilyn Odendahl
New ordinance allows secondary dwellings and encourages denser neighborhoods.
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Pilot evaluating people for pretrial release nears start

April 6, 2016
Marilyn Odendahl
Some Indiana trial courts plan to utilize a risk assessment tool to identify who can be discharged without posting bail.
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Chargemaster rates questioned

April 6, 2016
Scott Roberts
A divided Court of Appeals ruling allowing a patient to view hospital prices may be headed to the Indiana Supreme Court.
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Administrative law ripe for reform?

April 6, 2016
Dave Stafford
Indiana has ordered a fresh look at ALJs and whether panels are preferable to the current system.
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Riding out the storm

April 6, 2016
Dave Stafford
The Indiana Supreme Court's ruling for the state in a nearly six-year-old IBM suit is what the contract drafters "believed all along."
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Clouds ahead for legal services

April 6, 2016
Scott Roberts
Web-based products offer cost savings but pose security risks for firms
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IBF launches new donor society

April 6, 2016
Marilyn Odendahl
The Indiana Bar Foundation hopes its new Keystone Society will bring in unrestricted donor dollars.
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Disability denials draw criticism

April 6, 2016
Marilyn Odendahl
Seventh Circuit questions Social Security Administration’s outdated information, convoluted calculations in several recent decisions.
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Cost to shield Indiana lawmakers over emails hits $160,000

April 5, 2016
 Associated Press
The legal fight to shield Indiana lawmakers from having to release email correspondence with lobbying groups has cost taxpayers at least $160,000.
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Jury: Security firm not liable for $60M heist from Eli Lilly

April 5, 2016
 Associated Press
A security company isn't liable for the theft of more than $60 million worth of prescription drugs from pharmaceutical company Eli Lilly's warehouse in Connecticut six years ago, a federal jury in Florida says.
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Supreme Court: City not immune from injury suit

April 5, 2016
Scott Roberts
The Indiana Supreme Court ruled a city did not meet the requirements of the Indiana Tort Claims Act, and as such does not have immunity in a suit filed by a woman who fell in a city street and broke her leg.
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Supreme Court affirms second-degree murder charge, life in prison

April 5, 2016
Scott Roberts
The Indiana Supreme Court said admission of an autopsy report and testimony by a pathologist who did not complete the report was not a violation of a man’s Sixth Amendment right to cross-examination and thus affirmed the trial court’s conviction of second-degree murder.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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