Legal News

Court: insufficient notice bars tort claim

August 3, 2010
Elizabeth Brockett
The Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium complex and its various longtime issues.
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COA extends judicial immunity to arbitrators

August 3, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their sponsors.
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Justices grant 3 transfers

August 3, 2010
IL Staff
The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices examined a total 35 cases that were before them for possible transfer.
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Governor names new Marion Superior judge

August 3, 2010
IL Staff

The governor has appointed Barbara L. Cook Crawford as the newest Marion Superior judge. She will replace former Marion Superior Judge Tanya Walton Pratt, who was appointed to the U.S. District Court’s Southern District of Indiana in June.

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3 remain in running for Indiana Supreme Court

August 2, 2010
Michael Hoskins
Two trial judges and an appellate attorney have emerged as finalists for the Indiana Supreme Court, but one those three almost didn’t make it to Indianapolis for the second interview on Friday. Story includes video clips from the interviews.
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Exotic dancers are employees, may settle case

August 2, 2010
Jennifer Nelson
A federal judge has found that exotic dancers at an Indianapolis club are employees, not independent contractors as the club owner argued.
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3 emerge as finalists for justice seat

July 30, 2010
Michael Hoskins
The Indiana Judicial Nominating Commission has completed its work. Now, it’s up to Gov. Mitch Daniels to decide who’ll be the next Indiana Supreme Court justice.
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Commission names 3 finalists

July 30, 2010
IL Staff
The Indiana Judicial Nominating Commission has picked Boone Circuit Judge Steven David, Marion Superior Judge Robyn Moberly, and Bingham McHale attorney Karl Mulvaney as finalists for the next Indiana Supreme Court justice.
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Commission interviewing 9 semi-finalists today

July 30, 2010
Michael Hoskins
One set of interviews remain before the Indiana Judicial Nominating Commission goes into a closed-door meeting to deliberate which three names should be sent to the governor to decide who will be the state’s next Supreme Court justice.
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Wrongfully convicted man can pursue IIED claim

July 30, 2010
Jennifer Nelson
A man wrongfully convicted of attempted murder can go forward with his intentional infliction of emotional distress claim against the City of Elkhart and several police officers, the 7th Circuit Court of Appeals ruled today.
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Court defines due process rights for drug court participants

July 30, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
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Marion Superior judge new pro bono committee chair

July 30, 2010
IL Staff
The District 8 Pro Bono Committee has a new chair – Marion Superior Judge David A Shaheed.
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Court declines to review commitment cases differently

July 29, 2010
Jennifer Nelson
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
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Second round of justice interviews Friday

July 29, 2010
IL Staff
Interviews for the newest justice are Friday. Indiana Lawyer will be covering the semi-finalist interviews with updates throughout the day.
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7th Circuit ends use of inextricable intertwinement doctrine

July 28, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to inextricable intertwinement is unavailable when determining a theory of admissibility.
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High court takes certified question from Southern District

July 28, 2010
Jennifer Nelson
The Indiana Supreme Court will answer a certified question in litigation involving the state’s Products Liability Act. The justices accepted the certified question from U.S. District Court, Southern District of Indiana Judge Larry J. McKinney Tuesday afternoon.
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Indy to host national conference for Lawyers Assistance Programs

July 28, 2010
IL Staff
Indiana’s Judges and Lawyers Assistance Program is partnering with the American Bar Association Commission on Lawyer Assistance Programs to host this year’s national conference in October in Indianapolis.
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Judge worries ruling may make bright-line rule in traffic stops

July 27, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns were legitimate enough to allow the officer to search a car after a traffic stop.
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Court upholds discrimination claims in coroner's office

July 27, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner could receive.
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Federal office: No Hatch Act violations in Dearborn County

July 27, 2010
Michael Hoskins
A federal government office has cleared two Dearborn County officials who’d been accused by the former county attorney of violating federal law that restricts political activity for those involved with federally funded programs.
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Majority overturns enticement of minor conviction based on error

July 26, 2010
Jennifer Nelson
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction” in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
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Arbitration of FCRA claim survives bankruptcy discharge

July 26, 2010
Jennifer Nelson
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy proceedings, the Indiana Court of Appeals ruled today.
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East Chicago casino case still alive

July 26, 2010
Michael Hoskins
A years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part of a settlement.
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Nominations sought for numerous awards

July 23, 2010
IL Staff
If you know of a lawyer or judge who demonstrates dedication and professionalism above and beyond most, there are several awards for which they may be considered. Deadlines are quickly approaching.
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COA: Trial court to decide pre-sentencing educational credit time

July 23, 2010
Elizabeth Brockett
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing, the Indiana Court of Appeals ruled today.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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