Legal News

COA: Man needed to submit claim under Wage Claims Statute

January 21, 2011
Jennifer Nelson
An employee’s status at the time he or she files the claim is the relevant inquiry in determining whether he or she proceeds under the Wage Payment Statute or the Wage Claims Statute, ruled the Indiana Court of Appeals.
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AG swears in new victims’ advocate

January 21, 2011
Rebecca Berfanger
The new director of victim advocacy programs for the Indiana Attorney General’s Office was sworn in at 11 a.m. today in the Indiana University School of Law – Indianapolis Wynne Courtroom.
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Judges uphold OWI conviction

January 21, 2011
Jennifer Nelson
Even though a man who was temporarily found incompetent was detained in a facility for a period longer than his sentence would have been if he was convicted of Class A misdemeanor operating while intoxicated, the Indiana Court of Appeals upheld the denial of his motion to dismiss the charge.
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Committee postpones discussion on judicial complex

January 21, 2011
IL Staff
The Marion Superior Executive Committee has postponed until Jan. 28 discussion of a new county judicial complex.
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Justices hear 3 cases, including robo-calls appeal

January 20, 2011
Michael Hoskins
The Indiana Supreme Court heard three arguments this morning, including one case that it had granted emergency transfer to regarding whether the state should be constitutionally allowed to restrict robo-calls to residents.
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Hospitals seek Medicare reimbursement

January 20, 2011
Jennifer Nelson
Several Indiana hospitals are suing the Secretary of the U.S. Department of Health and Human Services over a Medicare reimbursement dispute.
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Magistrate judge up for reappointment

January 20, 2011
IL Staff
The term of Magistrate Judge Paul R. Cherry of the U.S. District Court, Northern District of Indiana will expire this year and the District Court is seeking comment on whether the magistrate judge should be reappointed.
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New executive committee, talk of judicial complex

January 20, 2011
Michael Hoskins
The trial courts in the state’s largest county have a new leadership lineup, and the Marion Superior Executive Committee has changed the time of its weekly business meetings. Its first meeting will bring up a much-discussed and significant concept of building a new judicial complex in Marion County.
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Top Lilly attorney leaving to become college president

January 20, 2011
J.K. Wall
Alecia DeCoudreaux, the top attorney for Eli Lilly and Co.’s U.S. unit, will leave to become president of Mills College, the Oakland, Calif.-based school announced Thursday.
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Greenwood attorney Joe Van Valer dies

January 19, 2011
Michael Hoskins
The Indiana legal community has lost a former prosecutor and private attorney who, during his five decades of practice, established himself as a state and national expert in realty and development law.
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Judges reverse dismissal of prisoner's suit

January 19, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the dismissal of a prisoner’s civil rights suit that stemmed from his lack of gloves while working in the cold to remove tree stumps.
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New tax court judge takes the bench

January 19, 2011
IL Staff
Martha Wentworth started her new position as Indiana Tax Court judge this week.
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Statewide case management system is a third of the way plugged in

January 19, 2011
Michael Hoskins
Three years in, and Indiana’s case management system is plugged into about one-third of the state’s courts.
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Ex-Marion County Prosecutor Carl Brizzi defends himself in court

January 19, 2011
Michael Hoskins
While the ex-prosecutor in the state’s largest county waits to hear whether he will get a black mark for misconduct on his record, the Marion County disciplinary action against Carl Brizzi has broader professional conduct implications for attorneys throughout Indiana.
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Suddenly solo

January 19, 2011
Rebecca Berfanger
At the 2010 Indiana State Bar Association Solo and Small Firm Conference in June, then-ISBA president Roderick Morgan welcomed those in attendance, particularly those who found themselves to be “suddenly solo.” While he may not be the first to use the phrase, a number of attorneys have found themselves either making that decision or having it made for them in the last couple years.
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SCOTUS history on display

January 19, 2011
Rebecca Berfanger
Attorneys and history buffs alike may want to consider a detour to the law library at Indiana University Maurer School of Law next time they are in or near Bloomington.
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Legal aid budgets remain steady

January 19, 2011
Rebecca Berfanger
While the need for services for indigent Hoosiers during these tough economic times continues to increase, civil legal aid providers are reporting that budgets for 2011 will be similar to those of 2010, and the numbers of cases handled in 2010 are comparable to 2009.
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Annual address praises court activity despite economy, changing times

January 19, 2011
Michael Hoskins
Even though times are tough, the Indiana chief justice says the Hoosier judiciary remains strong and continues to be a leader that other states look to as an example.
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Elkhart remembers two longtime attorneys

January 19, 2011
Michael Hoskins
Attorneys in northern Indiana are remembering two in the legal profession who died within a day of each other, including a longtime public defender who many say was one of the best in the state.
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Child support changes targeting the rich?

January 19, 2011
Michael Hoskins
A case before the Indiana Court of Appeals calls into question the constitutionality of the state’s new child support guidelines, challenging the revisions that last year altered the payment scheme for high-income earners and raised the ceiling on child support obligations.
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Courts offer CHINS facilitations

January 19, 2011
Rebecca Berfanger
Because mediations have become commonplace in family law cases, it may come as no surprise that a number of Indiana counties have been implementing a similar strategy to determine if a child is a child in need of services, or CHINS.
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Comments welcomed for many court rule amendments

January 18, 2011
Michael Hoskins
A multitude of Indiana court rules are being examined for potential revision, and the legal community has a chance to offer comment about how those changes are made.
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SCOTUS refuses to accept two Indiana cases

January 18, 2011
Michael Hoskins
The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.
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Court clarifies rules relating to filing deadlines

January 17, 2011
Michael Hoskins
Filing deadlines are important for attorneys in any case. But some recent confusion in a child custody appeal brought to light some uncertainty about how the state’s appellate rules compute some of those deadlines when “non-business days” or “calendar days” are applied to the motions practices before the Court of Appeals and Supreme Court.
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Talk to a Lawyer Today includes 3 dozen sites

January 17, 2011
Rebecca Berfanger
While many attorneys get a day off of work today because courts, government offices, banks, and many businesses are closed to honor the birthday of Martin Luther King Jr., more than 200 lawyers have volunteered to spend two hours answering legal questions from the public as part of the Indiana State Bar Association’s 10th annual Talk to a Lawyer Today event.
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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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