Legal News

Keeping client relationships on track

May 18, 2016
Scott Roberts
As the Indianapolis Motor Speedway celebrates the 100th running of the Indianapolis 500, its legal partner has its own milestone with the track. It's one of several firms marking significant anniversaries this year.
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Slaughter moves from arguing high-profile cases to judging them

May 18, 2016
Dave Stafford
New Indiana Supreme Court Justice Geoffrey Slaughter brings an impressive resume and a wealth of experience, but he acknowledges a couple of learning curves ahead.
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Veterans trade in military life to become legal aid attorneys

May 18, 2016
Marilyn Odendahl
Polli Pollem is among a trio of Indianapolis attorneys who left the military as officers, went to law school and have since found their way into legal aid. They credit their time in the service with providing them the means to get an undergraduate degree and fostering the desire to pursue a J.D.
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Surgery centers sue No.1 insurer UnitedHealthcare

May 18, 2016
Dave Stafford
Several Indiana surgery centers are suing the nation's largest health insurance company, claiming it violated state and federal law by failing to pay for services the centers' doctors provided to patients. In a similar lawsuit against the insurer, a key dispute is what the word "pay" means.
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Statewide crisis of CHINS stretches judicial resources

May 18, 2016
Marilyn Odendahl
The increase in filings of juvenile children in need of services petitions across the state has been growing steadily since 2011 but ballooned to 14,227 in 2014 and could likely top 17,500 for 2015.
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Attorneys feel at home with virtual practices

May 18, 2016
Scott Roberts
Lawyers like Kenneth Riggins use virtual practices to reduce their overhead, while technology allows them to practice from anywhere. Many arrange to have access to office space they can use when they need it.
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Long-distance depositions

May 18, 2016
Dave Stafford
Technological advances in teleconferencing are making video depositions a more viable option to control litigation costs, but lawyers say in some cases there's no substitute for in-person questioning.
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Electronic redaction getting more attention as state court documents go online

May 18, 2016
Marilyn Odendahl
As the Indiana Supreme Court continues its effort to implement a statewide e-filing system and make more legal filings accessible online, attorneys and court staff will have to rely less on their black Sharpie Permanent Markers and more on their computer software to ensure that confidential information stays confidential.
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Rucker likely to leave Supreme Court in 2017

May 18, 2016
Dave Stafford
Justice Robert Rucker, a Gary native appointed to the court by Democratic Gov. Frank O'Bannon in 1999, will turn 70 in January. Rucker informally has informed lawyers and judges he intends to retire from the court sometime next year in order to begin a dialog among those who may consider serving on the court.
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Indiana Supreme Court establishes new committee for civil legal aid

May 17, 2016
Marilyn Odendahl
In an amendment to the Indiana Rules of Professional Conduct, the Indiana Supreme Court is revamping its response to civil legal aid.
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2 at IPS accused of not reporting sex abuse get diversion

May 17, 2016
 Associated Press
Two Indianapolis Public Schools officials charged with not immediately notifying authorities of sexual abuse allegations against a former counselor have agreed to enter pretrial diversion programs.
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New York could become 1st state to ban cat declawing

May 17, 2016
 Associated Press
New York would be the first state to ban the declawing of cats under a legislative proposal that has divided veterinarians. Advocates say the procedure is misguided and cruel.
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7th Circuit: Man not eligible for sentence reduction

May 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a prisoner is not subject to a sentencing reduction after it ruled an amendment that decreased the recommended penalties for the crimes he committed did not allow for a reduction.
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Insurer who paid wrong party doesn’t have to pay correct one

May 17, 2016
Scott Roberts

The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.

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COA: Evidence obtained during welfare check is admissible

May 17, 2016
Scott Roberts

The Indiana Court of Appeals ruled evidence from a search where police officers went into a house without a warrant to check on the children was valid evidence at trial and affirmed denial of a woman’s motion to suppress.

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Ex-lawmaker, McKinney professor want recount in Congress race

May 17, 2016
 Associated Press
A former state legislator and an IU McKinney School of Law professor wants a recount of the Democratic primary for a southwestern Indiana congressional seat.
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$60 million project to fight for 1st Amendment

May 17, 2016
 Associated Press

NEW YORK (AP) — The First Amendment is getting a new champion, with some deep pockets.

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Class of 20 is first to graduate from Indiana Tech Law School

May 16, 2016
Marilyn Odendahl
The charter class of Indiana Tech Law School participated in commencement ceremonies Saturday, marking another milestone for the Fort Wayne institution.
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Donnelly, Coats pleased nomination hearing set for Ong

May 16, 2016
Marilyn Odendahl
Indiana Senators Joe Donnelly and Dan Coats are applauding the U.S. Senate Judiciary Committee's decision to consider the nomination of Hoosier Winfield D. Ong for the federal bench.
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Appraiser has no duty of care to real estate seller

May 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.
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Justices deadlock 2-2 on transfer in two cases

May 16, 2016
Scott Roberts
The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court's list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.
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Justices give win to Internet site in false data case

May 16, 2016
 Associated Press
The Supreme Court says an Internet search site that posted false information about people can be sued only if the errors caused actual harm.
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High court sides with Ohio in debt collection dispute

May 16, 2016
 Associated Press
A unanimous Supreme Court says a pair of Ohio law firms did not use illegal tactics when they sent out debt-collection letters on stationery bearing the name of the state attorney general.
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Supreme Court avoids major ruling in birth control dispute

May 16, 2016
 Associated Press
The Supreme Court rid itself Monday of a knotty dispute between faith-based groups and the Obama administration over birth control. The court asked lower courts to take another look at the issue in a search for a compromise.
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Vanderburgh work release program takes on new direction

May 16, 2016
 Associated Press

Since July 2015 the Vanderburgh County work release program has undergone a metamorphosis under a cooperative agreement between the sheriff's office and the county's treatment courts. That is when Superior Judge Wayne Trockman and Circuit Court Judge David Kiely took over daily operations and rechristened it Therapeutic Work Release to reflect its new focus on rehabilitation.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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