Legal News

Jefferson County Courthouse reopens

August 12, 2011
Jennifer Nelson
More than two years after an accidental fire destroyed the Jefferson County Courthouse roof and heavily damaged the upper floor, those displaced by the fire have moved back into the landmark.
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CLEAR center receives Regenstrief grant

August 12, 2011
IL Staff
The Center for Law, Ethics, and Applied Research in Health Information at Indiana University Maurer School of Law has received a $425,000 grant from the Regenstrief Foundation Inc., which will be used to make renovations and add amenities to its office space.
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7th Circuit senior judge dies

August 11, 2011
IL Staff
7th Circuit Court of Appeals Senior Judge Terence Thomas Evans has died. The Milwaukee Journal Sentinel reports the judge died at the University of Chicago Medical Center after suffering from a sudden serious illness.
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Judge: Students’ off-campus Internet photos protected by First Amendment

August 11, 2011
Michael Hoskins
A federal judge has ruled that a northern Indiana school district shouldn’t have disciplined two high school girls who posted racy online photos of themselves posing with phallic lollipops and simulating sexual acts because the pictures were outside of school and are protected by the First Amendment.
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Indiana AG sues Florida foreclosure firm owned by lawyer

August 11, 2011
IL Staff
Indiana Attorney General Greg Zoeller has filed a complaint against a for-profit Florida foreclosure consultant company that Zoeller claims operated illegally in 15 Indiana counties and failed to provide refunds to customers after services were not provided.
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Appeals court affirms sending employee appeal back to agency

August 11, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a fired Department of Correction employee’s petition for judicial review, finding that it was clear on the record that an administrative agency’s action was without evidentiary foundation. The appellate court noted the difficulty the judge had in conducting the judicial review due to deficiencies in recording testimony.
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Volunteers needed for pilot program

August 11, 2011
IL Staff
The United States District Court, Southern District of Indiana is looking for law offices and firms to volunteer for an electronic civil case opening pilot program. Electronic civil case opening lets attorneys file new civil and miscellaneous cases via the Case Management/Electronic Case Filing (CM/ECF) system instead of in paper form at the clerk’s office.
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South Bend attorney to investigate allegations of misconduct in Northern District

August 11, 2011
IL Staff
South Bend attorney Joseph D. Bradley has been appointed by Chief Judge Philip P. Simon to serve as special counsel to investigate allegations of attorney misconduct that are pending before the Attorney Grievance Committee for the Northern District of Indiana.
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ISBA Young Lawyers Section wins 2 ABA awards

August 11, 2011
IL Staff
The Indiana State Bar Association’s Young Lawyers Section recently was recognized for its work with two awards at the American Bar Association Young Lawyers Division annual conference Aug. 6 in Toronto.
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Attorney named as new Julian Center leader

August 10, 2011
IL Staff
The Julian Center, a nonprofit providing counseling and other services to victims of domestic violence, sexual assault, and other life crises, has announced that Melissa Pershing will be the center’s new executive director.
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Justices reverse ruling against hospital on spoliation claim

August 10, 2011
Jennifer Nelson
Relying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court has declined to recognize similar claims regarding medical malpractice suits.
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Judges split over order property owner pay for construction of drainage-ditch arm

August 10, 2011
Jennifer Nelson
The Indiana Court of Appeals was divided in its ruling on whether a man whose land sits higher and isn’t prone to flooding should have to pay for the reconstruction of an arm of a nearby drainage ditch. The dissenting judge wrote that Wednesday’s decision will promote “water wars” between neighbors.
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COA allows for admission of vehicle photo in personal injury action

August 10, 2011
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time the issue of whether a photograph admitted at trial showing little damage to a truck involved in an accident is inadmissible on the grounds that it’s irrelevant to any determination of bodily injury.
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DCS to host Foster Families Night at Gary baseball stadium

August 10, 2011
IL Staff
As a part of the series of events the Indiana Department of Child Services is holding to show appreciation for foster families, a Foster Families Night will be held Aug. 13 at the Gary SouthShore RailCats game.
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Judges won’t revisit associational standing issue on same case

August 9, 2011
Michael Hoskins
Finding it had already ruled on an associational standing question six years ago in the same case, the Indiana Court of Appeals has denied an electric utility's attempt to re-litigate that issue based on the law-of-the-case doctrine.
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COA: Suit against sewer district isn’t a public lawsuit

August 9, 2011
Jennifer Nelson
The Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana Court of Appeals ruled Tuesday.
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Court rules on duty of care for healthy trees in residential areas

August 9, 2011
Michael Hoskins
The Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property based on the size and where they are planted.
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Public Defender Commission report now online

August 9, 2011
IL Staff
The Indiana Public Defender Commission report is now available online. The Public Defense Fund returned more than $16 million to Indiana counties during the last fiscal year.
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Indiana joins suit against for-profit college company

August 9, 2011
IL Staff
Indiana has filed a joint complaint in a whistleblower suit against Education Management Corp., which alleges the for-profit college company and two of its subsidiaries received more than $12 million in state financial aid after making false claims and misrepresentations to the state.
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Bankruptcy court amends local rules

August 9, 2011
IL Staff
The United States Bankruptcy Court for the Northern District of Indiana has adopted revisions to its local rules, which took effect Aug. 3.
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Circuit judges order court to take another look at Batson challenge

August 8, 2011
Jennifer Nelson
Based on the record before them, the 7th Circuit Court of Appeals judges were unable to make an informed decision about the District Court’s decision to deny a defendant’s Batson challenge, so the judges sent the case back to the lower court.
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7th Circuit upholds mail fraud convictions

August 8, 2011
Jennifer Nelson
Although it found the evidence presented in a mail fraud case “thin,” the 7th Circuit Court of Appeals viewed it as enough to send the case involving three Calumet Township Trustee’s Office employees to the jury.
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Online court employee training begins Aug. 18

August 8, 2011
IL Staff
In an effort to give a general introduction of the judicial system to new trial court employees, a new online training program has been created and is now open for enrollment.
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Scott County joins statewide CMS

August 8, 2011
IL Staff
Scott County is the latest county to become connected to Odyssey, a case management system that has slowly been implemented throughout the state.
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Lawyer can argue for cost-of-living adjustment for increased fees

August 5, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has decided that an attorney that successfully represented a client in a Social Security disability benefits suit should be allowed to make a request for a cost-of-living adjustment that would exceed the maximum $125 per hour that can be awarded under the Equal Access to Justice Act.
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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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