Legal News

Attorneys discuss pros and cons of practicing in 2 states

April 13, 2011
Rebecca Berfanger, Jenny Montgomery
Attorneys in Indiana know that they must meet certain ongoing requirements to maintain their law licenses: CLE hours, and staying abreast of procedural changes. Why, then, would anyone want to be licensed in two states?
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Lawmakers resume debate on issues impacting state courts

April 13, 2011
Michael Hoskins
Both federal and state lawmakers seem to be letting the clock tick down to the final seconds.
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Evansville Bar Association to celebrate 100th anniversary

April 13, 2011
Jenny Montgomery
The two-day celebration kicks off April 28 and will include a mock trial with area high school students.
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New advertising rules irk some lawyersRestricted Content

April 13, 2011
Michael Hoskins
Bloomington attorney Ken Nunn says he hasn’t been hurt by new attorney advertising rules put in place at the start of the year, but he’s hearing more disturbing stories from people who are feeling the effects.
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Comment time extended on state court rules

April 13, 2011
Michael Hoskins
The Hoosier legal community has more time to offer comment on a multitude of state court rules that are being examined for potential revision.
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Indiana courts take backseat on camera studyRestricted Content

April 13, 2011
Michael Hoskins
As yet another study concerning cameras in the courtroom is about to begin, Indiana doesn’t appear to be anywhere closer to allowing cameras in its state or federal trial-level courtrooms.
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Justice-turned-mediator: ADR does workRestricted Content

April 13, 2011
Michael Hoskins
When he was on the bench, former Indiana Supreme Court Justice Ted Boehm read a lot about alternative dispute resolution, and now that he's off the bench, he can see firsthand that it truly does work.
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Mediation firm champions comfort

April 13, 2011
Jenny Montgomery
The Mediation Option's attorneys say the laid-back atmosphere in the office distinguishes them from other mediators in Indiana.
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Valpo law students help New Orleans defenders

April 13, 2011
Jenny Montgomery
Students from Valparaiso University School of Law worked with public defenders in New Orleans during their spring break.
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Judges disagree on whether landowners are 'aggrieved'

April 12, 2011
Michael Hoskins
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
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Court addresses forgery statute on electronic credit card purchases

April 12, 2011
Michael Hoskins
Using someone else’s credit card and electronically signing that person’s name is considered “uttering” a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.
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Group to assess Indiana's civic engagement

April 12, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard and former Congressman Lee Hamilton are teaming up with the Indiana Bar Foundation and the National Conference on Citizenship to commission the analysis of civic engagement in Indiana.
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Kimbrough Bar Association to honor state's African-American judges

April 12, 2011
IL Staff
The James C. Kimbrough Bar Association will salute Indiana’s African-American members of the judiciary on April 21.
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State responsible for costs in relocating Medicaid patients

April 11, 2011
Jennifer Nelson
Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.
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Justices accept 4 cases

April 11, 2011
IL Staff
The Indiana Supreme Court has taken four cases, including one that deals with an insurance dispute over cleanup costs.
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Pilot project uses secure network for foreclosure settlement agreements

April 11, 2011
IL Staff
The Indiana Supreme Court announced Monday a new program that allows parties in mortgage foreclosure settlement cases to exchange financial documents over a secure online network.
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US Attorney fined for speeding

April 11, 2011
IL Staff
Joseph Hogsett, the U.S. Attorney for the Southern District of Indiana, received a ticket for speeding in Owen County. Hogsett was driving 10 miles over the posted speed limit on State Road 46 when he was stopped and cited for speeding.
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Government shutdown would have little impact on federal legal system

April 8, 2011
Michael Hoskins
Even if the U.S. Congress fails to pass a short-term budget measure and prevent a government shutdown before midnight Friday, the various arms of the Indiana federal legal community will remain operating mostly as usual – at least for the time being.
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COA: personal injury action should be allowed to proceed

April 8, 2011
Jennifer Nelson
The Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
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DNA expert to discuss wrongful convictions

April 8, 2011
IL Staff
A forensic geneticist who has worked on the exonerations of seven people will visit Indiana University April 15 to give a public lecture on how DNA is used to free people who have been wrongfully convicted and how informatics is being misused to pervert justice.
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Judges divided on calculation of damages after negligence

April 7, 2011
Jennifer Nelson
The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.
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Exonerated death-row inmate to speak at Indiana University campuses

April 7, 2011
IL Staff
Randy Steidl, who was nearly executed for a crime he didn't commit and went on to become the public face of the abolition of the death penalty in Illinois, will tell his story during visits to Indiana University campuses in Bloomington and Indianapolis.
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Court tackles 'sexual activity' meaning in statute

April 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
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Judges affirm denial of post-conviction relief

April 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana Evidence Rule.
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Judge dismisses civil forfeiture suit against state prosecutors

April 6, 2011
Michael Hoskins
A Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of reasoning and consistency demonstrated by prosecutors throughout the state.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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