Legal News

7th Circuit affirms firing for non-compliance with FMLA leave policy

September 8, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment dismissing a woman’s Family and Medical Leave Act claim against the company that fired her because she didn’t give proper notice for an extension of leave and failed to return to work as expected.
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AG to co-chair national consumer-protection committee

September 8, 2010
IL Staff
Indiana Attorney General Greg Zoeller has been appointed to co-chair the National Association of Attorneys General Consumer Protection Committee, his office announced today.
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Defendants in will contest must timely answer

September 7, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
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Accused attorney attacker’s trial begins

September 7, 2010
IL Staff
The trial of the attorney who allegedly attacked a state representative last year began today in Hamilton County.
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COA reverses judgment on contract-rescission claim against lottery

September 7, 2010
Jennifer Nelson
The Indiana Court of Appeals will allow lottery scratch-off game players’ claim of contract rescission against the state’s lottery commission to proceed to trial, but the court affirmed summary judgment in favor of the lottery on the other claims filed by the players in a class-action suit.
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Judge nixes non-attorney’s attempt to join class action

September 7, 2010
Michael Hoskins
A federal judge says that a non-attorney who wants to work for the American Civil Liberties Union of Indiana or as a local public defender can’t join an already-pending class-action lawsuit that challenges the state’s Board of Law Examiners and its questions about applicants’ mental health history.
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Justices warn Indiana, out-of-state attorneys

September 3, 2010
Michael Hoskins
The Indiana Supreme Court has a warning for attorneys both inside and outside the state: comply with the rules for being admitted to practice here or else.
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Panel: 1 judge remains, another off ballot

September 3, 2010
Michael Hoskins
The Indiana Election Commission has pulled one Lake County judicial candidate off the ballot because of how the political process put him into the race, while a controversial incumbent Allen Superior judge remains on the ballot despite arguments that his disciplinary history should keep him off.
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Facility not predominately used for charitable purposes is taxable

September 3, 2010
Elizabeth Brockett
Despite a claim that labor unions are “inherently” charitable in nature and have historically been granted property tax exemptions, the Indiana Tax Court affirmed that one union’s banquet facility is 100 percent taxable.
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Former ISBA president Rabb Emison dies

September 2, 2010
IL Staff
The state legal community is saying goodbye to a past Indiana State Bar Association president who was a pivotal part of promoting diversity within the profession.
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Judge orders law firms to repay city $453,282

September 2, 2010
Michael Hoskins
A Merrillville attorney and three law firms must repay East Chicago a total $453,282 in legal fees they collected for defending former city officials in the Sidewalk Six scandal.
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National ACLU exhibit makes debut in Indianapolis

September 2, 2010
IL Staff
A traveling exhibit celebrating the American Civil Liberties Union’s 90th anniversary will be unveiled in Indianapolis Friday.
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Longtime attorney Rabb Emison dies

September 1, 2010
Rebecca Berfanger
Retired Vincennes attorney Ewing Rabb Emison Jr., 85, president of the Indiana State Bar Association from 1986 to 1987, died this morning.
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Economic espionage case full of intrigue

September 1, 2010
Cory Schouten
The government's allegations read like a spy novel: Dr. Ke-xue "John" Huang lands a job at Indianapolis-based Dow AgroSciences and over five years works himself into a position of trust, with access to trade secrets and processes the company has invested $300 million to develop.
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Justices rule on Journey’s Account Statute

September 1, 2010
Michael Hoskins
The Indiana Supreme Court believes general negligence claims filed with the Indiana Department of Insurance can continue an action already filed in state court relating to medical malpractice issues.
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Appeals court looks at revised law on sex-offense status

September 1, 2010
Michael Hoskins
The Indiana Court of Appeals remanded a case today with instructions to re-examine a case about a man’s disputed classification as a sexually violent predator.
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Landlord not responsible for dog bite

September 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment today for a landlord who was sued by a postal carrier who was bit by a tenant’s dog that had escaped from the property. The judges declined to find that by entering into a lease, a landlord establishes a relationship to a tenant’s dog.
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Trust created for children of attorney killed by her husband, arrangements set

September 1, 2010
Michael Hoskins
A trust has been created for the children of an attorney who was killed by her husband last week.
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Indianapolis Bar Association forms PACRestricted Content

September 1, 2010
Michael Hoskins
The Indianapolis Bar Association may be the first statewide or nationally to create a plan aimed at combating judicial campaign-contribution concerns on the heels of a landmark court ruling last year.
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7th Circuit upholds Indiana's judicial canons

September 1, 2010
Michael Hoskins
At a time when the legal community is caught up in controversies about how judges are selected and whether they can remain impartial, the 7th Circuit Court of Appeals has weighed in on that national debate and ruled that states have the authority to self-regulate on those issues as it relates to judicial canons.
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Indianapolis IP attorney killed by husband after filing for divorce

September 1, 2010
Michael Hoskins
Practicing law was never an obligation for Indianapolis attorney Mary Jane Frisby but a chance for her to say, “Wow, look what we get to do.”
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Guardians program fulfills needRestricted Content

September 1, 2010
Rebecca Berfanger
To help address the need for guardians for patients of a northwest Indiana hospital, Lake County Judge Diane Kavadias-Schneider – with others in the court and with permission from Indiana Chief Justice Randall T. Shepard – worked on a guardianship program that involved temporary volunteer guardians.
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Adult guardianship programs continue to operate with little fundingRestricted Content

September 1, 2010
Rebecca Berfanger
Courts around Indiana have started their own guardianship programs based on the Lake County model program in Allen, Elkhart, Lawrence, St. Joseph, Tippecanoe, and Vanderburgh counties.
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Indianapolis attorney chosen as magistrate judge

September 1, 2010
Michael Hoskins
A partner at Indianapolis law firm Barnes & Thornburg has been chosen as the newest federal magistrate judge for the U.S. District Court for the Southern District of Indiana.
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Book recounts '08 presidential race

September 1, 2010
IL Staff
An Indiana lawyer intimately involved in Barack Obama’s presidential run has written a book about the campaign and how the consistently Republican state went Democrat for the first time since 1964.
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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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