Legal News

COA affirms denial of reinstatement petition for lack of good cause

May 31, 2017
Olivia Covington
A special trial court judge properly denied a Vigo County woman’s petition to reinstate her previously dismissed case, the Indiana Court of Appeals held Wednesday, finding the woman failed to establish good cause for reinstating her case.
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Appellate panel dismisses case already pending in another trial court

May 31, 2017
Olivia Covington
A Marion Superior court erred in denying a man’s motion to dismiss a transfer action against him after police seized nearly $50,000 in suspected drug money from him because an active case related to the transfer was already pending in another court, the Indiana Court of Appeals has ruled.
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Court affirms denial of PCR for drug offender

May 31, 2017
Olivia Covington
The Indiana Supreme Court has affirmed the denial of an Elkhart woman’s petition for post-conviction relief, finding her ineffective assistance of counsel argument cannot prevail under Indiana law.
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COA dismisses sex offender’s ‘premature’ appeal

May 31, 2017
Olivia Covington
A convicted sex offender who has not yet received treatment in a state-mandated Department of Correction program cannot move forward with his appeal of the dismissal of his complaints against the DOC and its contracted health services provider because the appeal is premature, the Indiana Court of Appeals held Wednesday.
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High court to decide if kids ‘reasonably expected’ to play at park with no equipment

May 31, 2017
IL Staff
The effect of a change to Indiana’s criminal code limiting the enhancement for committing a drug offense near a school or park will be at the center of a case the Indiana Supreme Court will hear next month.
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Judgment for law firm in malpractice case reversed

May 31, 2017
Dave Stafford
A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.
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Lawsuit targets local rent-to-own housing operator

May 31, 2017
IBJ Staff
An Indianapolis-based company that has purchased and rented out hundreds of houses in the city is being sued by a not-for-profit housing group and four former customers over what they are calling a “predatory and unlawful rent-to-own scheme.”
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U.S. Supreme Court: selling product exhausts patent

May 31, 2017
Marilyn Odendahl
In a decision that Zimmer Biomet and other medical device manufacturers argued will change their industry, the Supreme Court of the United States ruled Tuesday that patent holders cannot keep their patent protections after they sell their products.
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SCOTUS suspends wrong lawyer over 'mistaken identity'

May 31, 2017
 Associated Press
When the Supreme Court of the United States suspended a prominent Massachusetts lawyer and threatened him with disbarment, it started a Boston legal drama that took two weeks to resolve.
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Legal malpractice arguments focus on whether crime victim lost settlement chance

May 31, 2017
Dave Stafford
Can agency immunity cover a lawyer's failure to file a tort claim notice and lawsuit?
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Appeal: Commercial court, without notice, put worker out of job

May 31, 2017
Dave Stafford
A glass industry engineer’s challenge alleges the Indiana commercial court pilot project dockets’ specialized rules violated his due process rights.
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ABA urges ‘reasonable efforts’ to avoid cyberattacks

May 31, 2017
Olivia Covington
The ABA's Formal Ethics Opinion 477 is an updated version of a previous one handed down in 1999, when email was the primary method of electronic communication. Now, attorneys communicate with their clients in a variety of ways and with various devices, necessitating new guidance to legal professionals on how to protect their work on all platforms, the opinion said.
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Lack of statewide will procedures leaves unanswered questions about official documents

May 31, 2017
Dave Stafford
The final stop for a last will and testament in the e-filing era depends on where in Indiana an estate is opened and what the local probate court demands, at least for now.
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Student loans cause confusion, affect career choices for new lawyers

May 31, 2017
Olivia Covington
It was shortly after his 2012 graduation from George Washington University Law School when the realization hit Michael Lux hard: He had a ton of student loan debt to begin paying back to the federal government.
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137 successful on February Indiana Bar Exam

May 31, 2017
IL Staff
Indiana’s newest attorneys received advice from judges and took several oaths during an admission ceremony held May 17 at the Indiana Roof Ballroom in Indianapolis.
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Long Beach seawall dispute goes back to boards

May 30, 2017
A complaint brought by Indiana residents seeking to build seawalls along their lakefront property will not proceed after the Indiana Court of Appeals decided Tuesday the residents must first exhaust their administrative remedies before litigating their complaint.
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COA: Mom cannot show lead cause of boy’s autism

May 30, 2017
Marilyn Odendahl
A grandmother failed to convince the Indiana Court of Appeals her grandson’s developmental disabilities were caused by the lead paint in her rented house rather than by his birth mother’s use of methamphetamine.
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COA allows nurse practitioner to testify as expert

May 30, 2017
Olivia Covington
An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.
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COA: Suspended attorney’s failure to litigate attributable to client

May 30, 2017
Olivia Covington
A now-suspended attorney’s repeated failure to communicate with his client and litigate her case was a failure directly attributable to the client and, thus, made the opposing party entitled to summary judgment, the Indiana Court of Appeals ruled Tuesday.
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Court affirms weapon, drug convictions after bar incident

May 30, 2017
Dave Stafford
A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.
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Travel ban to test Supreme Court view of presidential power

May 30, 2017
 Associated Press
The U.S. Supreme Court may soon decide how courts are supposed to view presidential power in the age of Donald Trump.
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Failure to sign order sends dog dispute back to court

May 30, 2017
Marilyn Odendahl
Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.
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Appeals panel affirms termination of guardianship

May 30, 2017
Dave Stafford
The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.
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Notre Dame law clinic employee accused of embezzlement

May 30, 2017
IL Staff

An employee of the Notre Dame Clinical Law Center has been charged with 11 felony counts relating to what the St. Joseph County Prosecutor’s Office says is a seven-year-long racketeering scheme in which the university found more than $199,000 was stolen.

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Justices to hear arguments in caseload case against DCS this week

May 30, 2017
IL Staff
The Indiana Supreme Court will hear arguments this week to determine whether an employee of the Indiana Department of Child Services can bring a class-action complaint against her employer for an alleged violation of statutory caseload limits under the public standing doctrine.
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  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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