Legal News

Knowing the possible consequences

November 23, 2011
Michael Hoskins
Legal community works to ensure defendants know plea agreements could impact immigration status.
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Illinois attorney to lead Indiana Tech law school

November 23, 2011
Jennifer Nelson
The former dean of Southern Illinois University School of Law has been chosen as dean for Indiana Tech’s new law school, school officials announced Nov. 11.
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COA orders trial court to award credit for time served

November 22, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment program.
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Magistrate applicants sought

November 22, 2011
IL Staff
St. Joseph Circuit Court Judge Michael Gotsch is seeking applicants for the position of magistrate judge.
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Tax Court rules on inheritance tax valuation

November 22, 2011
Michael Hoskins
The Indiana Tax Court has rejected an estate’s attempt to sidestep trial rules by allowing verified tax returns to stand in for affidavits in determining a property’s fair market value.
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Enrollment deadline approaching for public policy mediation course

November 22, 2011
IL Staff
Indiana University School of Law – Indianapolis will hold its semi-annual Public Policy Mediation within State Government course from 8 a.m. to 5 p.m., Jan. 2-6, 2012.
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Justices accept two cases

November 21, 2011
Michael Hoskins
The Indiana Supreme Court has granted transfer in two cases, one examining medical malpractice liability evidence for damages and another examining how Marion County’s mass tort litigation rules impact the overall goal of orderly and speedy justice in an asbestos case.
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Court relies on equitable estoppel determination test

November 21, 2011
Michael Hoskins
Examining both state and national caselaw in an appeal involving an Allen County car crash, the Indiana Court of Appeals has used a two-part test in determining whether equitable estoppel is available to those filing a claim.
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Notre Dame to launch IP clinic

November 21, 2011
IL Staff
The Notre Dame Legal Clinics are expanding their transactional services to the local business community in January with a new Intellectual Property and Entrepreneurship Clinic headed by intellectual property lawyer Jodi Clifford, who joined the law school this fall.
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COA: Serving notice on an adult's parents isn't adequate

November 21, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled that a trial court can’t serve notice on the home of someone’s parents if that adult doesn’t live there and expect that to serve as adequate notice for the party to appear in court.
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7th Circuit decides MDL appeal question

November 18, 2011
Michael Hoskins

The 7th Circuit Court of Appeal wants each federal judge handling multi-district litigation to have the flexibility to choose between sending parts of unresolved cases back to the original courts or keep those in one jurisdiction, once a final district-level decision has been made and the time for appeal arrives.

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COA affirms trial courts in truant kindergartner cases

November 18, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with the trial courts in two cases that have been consolidated in one appeal in determining that referral and attendance records for truant students were admissible at trial under the state’s business records exception.
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Hammond City judge gets 60-day unpaid suspension

November 17, 2011
Michael Hoskins
The Indiana Supreme Court has ordered that Hammond City Court Judge Jeffrey A. Harkin be suspended for 60 days without pay.
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Court won't remove trial judge in Simon case

November 17, 2011
Michael Hoskins
The Indiana Court of Appeals has dismissed an appeal filed by Melvin Simon’s widow, finding that it doesn’t have jurisdiction to remove a Hamilton Superior judge from the case involving the late mall-magnate’s estate valued at more than $2 billion.
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Justices rule on applicable statute of limitations

November 17, 2011
Jennifer Nelson
The Indiana Supreme Court decided Thursday that the period within the general statute of limitations controls the limitation period when a medical provider may seek payment of outstanding bills for authorized treatment to an employer’s worker. The justices came to that conclusion after finding the Worker’s Compensation Act is silent on what the applicable limitation period is for this matter.
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COA finds Army discipline does not exempt defendant from prosecution

November 17, 2011
IL Staff
The Indiana Court of Appeals has affirmed a trial court denial of a man’s motion to dismiss, rejecting his argument that being reprimanded by the United States Army precludes him from prosecution for the same offense.
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Justices: court could impose only 1 juvenile commitment

November 17, 2011
Jenny Montgomery
The Indiana Supreme Court has issued an opinion affirming that a juvenile may not be sentenced to both a determinate and indeterminate commitment.
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Terre Haute Odyssey demonstration

November 17, 2011
IL Staff
The Terre Haute City Court and clerk will demonstrate for the public the new Odyssey case management system at 2:30 p.m. Nov. 21 in Terre Haute City Court, City Hall, 17 Harding Ave. Indiana Supreme Court Justice Frank Sullivan, Jr. will join local court officials to answer questions about the system and show the public how it works.
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Justice's wife honored for support of judiciary

November 16, 2011
IL Staff
Jan Aikman Dickson, the wife of Indiana Justice Brent E. Dickson, will be inducted into the Warren E. Burger Society Friday. Membership in this society honors those who have shown a commitment to improving the administration of justice through service or support to the National Center for State Courts.
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Congress proposes cutting legal aid funding

November 16, 2011
IL Staff
If an agreement between the members of Congress passes, Legal Services Corp. will see its budget reduced by 14 percent. The U.S. House of Representatives Appropriations Committee had previously proposed cutting it by 17 percent.
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Court rules arbitration provision null and void

November 16, 2011
Jennifer Nelson
Tackling an issue of first impression, the Indiana Court of Appeals concluded that an arbitration provision in a loan agreement from a payday loan provider is null and void on the grounds of impossibility because the arbitrator named in the document is no longer available.
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Justices suspend Logansport lawyer for 1 year

November 15, 2011
Michael Hoskins
The Indiana Supreme Court suspended a Logansport attorney for one year because he routinely allowed his secretary to prepare and sign his name on bankruptcy petitions and other court documents, including one petition that she mistakenly filed in the wrong District.
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Man entitled to new probation revocation hearing

November 15, 2011
Jennifer Nelson
The Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”
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COA orders special prosecutor in Camm trial

November 15, 2011
Jennifer Nelson
The county prosecutor who signed and later cancelled a book deal about his involvement in the murder trial of David Camm will not be allowed to serve as prosecutor at Camm’s third trial.
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Supreme Court to hear Affordable Care Act challenges

November 14, 2011
Michael Hoskins
In what’s expected to be a historic constitutional test over how much power the federal government has to require individual mandates for states, the Supreme Court of the United States will consider the constitutionality of the Affordable Care Act passed in 2010.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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