Legal News

Justices agree: No mistrial because of juror’s Facebook friend

January 21, 2016
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case to affirm the Court of Appeals decision denying a mistrial for a man who argued a juror’s being “friends” with the victim’s relative on Facebook required the mistrial.
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Rental car insurance policy excludes UIM coverage

January 21, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of an insurance company’s motion for summary judgment in a lawsuit brought by a customer injured in a car accident who had purchased optional supplemental liability protection when renting a car. The trial court incorrectly denied the company’s motion for summary judgment on the premise it did not provide uninsured or underinsured motorist coverage to the customer.
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MLB settlement gives baseball fans new viewing options

January 21, 2016
 Bloomberg News
Major League Baseball, Comcast Corp. and DirecTV agreed to settle a lawsuit brought by fans over how games are broadcast, a crack in the dam the league and pay TV have built against unrestrained viewing.
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Emmis sues insurer over $4M in legal fees

January 21, 2016
IBJ Staff
Emmis Communications Corp. has filed breach-of-contract suit against a New York-based insurance company for refusing to cover any of the more than $4 million in legal fees the media company accumulated in a long-running court battle with preferred shareholders.
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Former Indiana mayor pleads guilty in embezzlement case

January 21, 2016
 Associated Press
A former northwestern Indiana mayor has pleaded guilty to helping his stepdaughter cover up her embezzlement of funds from a court.
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Indiana’s 6 commercial courts set to begin June 1

January 21, 2016
IL Staff
Six commercial courts handling specialized dockets of business cases were announced Wednesday in an order of the Indiana Supreme Court.
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Judge wants state to discard ‘archaic’ coverture fraction

January 20, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld the division of a husband’s pension through the use of the coverture fraction, but one judge questioned why Indiana continues to use the doctrine which has its origin in an “outdated and misogynist view” of the rights and roles of men and women.
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COA finds 1 out of 3 dental advertising regulations unconstitutional

January 20, 2016
Jennifer Nelson
The regulation that compels dentists to disclose every dentist within the practice in advertisements is unconstitutional, the Indiana Court of Appeals held Wednesday. It held two other challenged regulations regarding advertising are not unconstitutional.
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Jury seated in trial of man accused in fatal house explosion

January 20, 2016
 Associated Press
A jury of eight men and four women has been seated for the trial of a man accused of murder, arson and conspiracy charges.
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Law schools, ILS partner on foreclosure prevention services

January 20, 2016
IL Staff
A grant from the Office of the Indiana Attorney General will help fund a partnership between Indiana Legal Services Inc. and two law schools in an effort to provide more services to those facing foreclosure in the state.
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7th Circuit upholds convictions in attempted post office robbery

January 20, 2016
Jennifer Nelson
A videotaped interview brought to light mid-trial and the suppressed personnel record of a detective did not constitute violations under Brady v. Maryland, warranting a new trial for a man convicted of aiding and abetting firearm use during the attempted robbery of a Fort Wayne post office in 2012.
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Clark County makes switch to e-filing

January 20, 2016
IL Staff
Clark County has become the second county to have its trial courts use electronic filing.
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Court affirms in part lien priority ruling

January 19, 2016
Jennifer Nelson
A trial court correctly concluded that a living trust, which held a purchase-money mortgage over a property in question, had first priority in enforcing a lien against the property, the Court of Appeals ruled Tuesday.
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Judges split over reversal of drug conviction after inventory search

January 19, 2016
Jennifer Nelson
Each member of a panel on the Indiana Court of Appeals authored an opinion regarding a man's marijuana conviction stemming from the discovery of the drug during an inventory search after he was arrested for allegedly driving on a suspended license. Two of the three judges voted to reverse his felony conviction.
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Lack of signage causes COA to toss speeding ticket

January 19, 2016
Jennifer Nelson
The Indiana Court of Appeals threw out a man’s speeding ticket issued in Lawrence County after ruling the county did not make motorists aware with signs of the 35 mph speed limit on the road.
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US court backs Apple motion in patent case against Samsung

January 19, 2016
 Bloomberg News
A U.S. court ruled in favor of Apple Inc. in its patent battle with Samsung Electronics Co. and ordered the South Korean company to stop using software in the U.S. that helps mobile phones infringe on those patents.
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Amazon veers into labor law fight-zone for hurried deliveries

January 19, 2016
 Bloomberg News
Amazon.com Inc.’s Uber-esque foray into ultra-fast delivery has landed it in court with drivers claiming they’re being exploited.
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GM accuses ignition-switch trial plaintiff of dream-house fraud

January 19, 2016
 Bloomberg News
An Oklahoma man suing General Motors Co. in the first trial over a deadly ignition switch flaw lied to the jury about his family’s eviction from its “dream house” after he committed fraud against a real estate agent, the company says.
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US Supreme Court sets election-year clash on immigration

January 19, 2016
 Associated Press
The Supreme Court of the United States agreed Tuesday to an election-year review of President Barack Obama's executive order to allow up to 5 million immigrants living in the U.S. illegally to "come out of the shadows" and work legally in the United States.
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Court decision paves way for displaced pizza shop's trial

January 18, 2016
Scott Olson, IBJ Staff
Enzo Pizza’s long-simmering legal battle with the Indianapolis City Market finally is headed to trial after the eatery won a partial court victory this month against its former landlord.
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Sexual discrimination lawsuit against WTLC owner thrown out

January 18, 2016
Anthony Schoettle, IBJ Staff
A sexual discrimination lawsuit filed by a fired employee of Indianapolis stations WTLC-FM and WTLC-AM has been thrown out by the judge in the case.
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State cites security threat in bid to block Syrian refugees

January 18, 2016
Dave Stafford
The administration of Gov. Mike Pence defended its bid to halt the resettlement of Syrian refugees in Indiana by asserting the federal government has not satisfactorily addressed security concerns.
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Indiana justice applications due next Monday

January 18, 2016
 Associated Press
Those interested in becoming Indiana’s next Supreme Court justice have until noon on Jan. 25 to submit their applications. Justice Brent Dickson is retiring from the court April 29.
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2nd Indiana man faces trial in deadly house explosion

January 18, 2016
 Associated Press
The half brother of a man serving two life sentences in a deadly 2012 Indianapolis house explosion that devastated a subdivision is facing a weekslong trial for his alleged role in the blast, which prosecutors say was a scheme to collect a big insurance payout.
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Rams fans sue team saying move to Los Angeles is betrayal

January 18, 2016
 Bloomberg News
St. Louis Rams fans sued the team a day after the National Football League approved moving the franchise to Los Angeles, claiming owner Stan Kroenke misled them about his intentions.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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