Legal News

7th Circuit: Woman who lost case still entitled to attorney fees

April 26, 2016
Scott Roberts
A plaintiff who lost a breach of contract and negligence suit is entitled to attorney fees in the case after the 7th Circuit Court of Appeals upheld a ruling that said the company she sued engaged in “obstreperous discovery behavior.”
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7th Circuit reverses ruling in favor of prison guard

April 26, 2016
Scott Roberts
The 7th Circuit Court of Appeals vacated a District Court decision that dismissed a prisoner’s First Amendment claims and granted immunity to the guard mentioned in his Eighth Amendment claims.
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Who will step forward to claim Prince's millions?

April 26, 2016
 Associated Press
When he was alive, Prince made hundreds of millions of dollars — for record companies, concert venues and others. That much is certain. What's less clear is how much he left behind and who'll come forward to claim it.
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Iran summons Swiss ambassador over US Supreme Court ruling

April 26, 2016
 Associated Press
The Iranian foreign ministry has summoned Switzerland's ambassador to Tehran over a recent ruling by the U.S. Supreme Court against Iran, state TV reported Tuesday.
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NH judges, lawyers draft rules to not jail poor who owe fines

April 25, 2016
 Associated Press
Judges and lawyers for the New Hampshire Civil Liberties Union have hammered out an agreement that would halt the jailing of indigents who fail to pay fines until a lawyer can be appointed for them. Some Indiana trial courts plan to utilize a risk assessment tool to identify who can be discharged without posting bail.
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Indiana teen who killed man at age 12 gets chance at freedom

April 25, 2016
 Associated Press
A northern Indiana teenager who was 12 years old when he helped kill his friend's stepfather has a chance at freedom.
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Appeals court: QB Tom Brady must serve 'Deflategate' penalty

April 25, 2016
 Associated Press
A federal appeals court has ruled that New England Patriots quarterback Tom Brady must serve a four-game "Deflategate" suspension imposed by the NFL, overturning a lower judge and siding with the league in a battle with the players union.
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7th Circuit seeks public comment on civil jury instructions

April 25, 2016
IL Staff
The 7th Circuit Pattern Jury Instruction Committee has released revised pattern Section 1983 civil jury instructions which will be available for comment through Friday.
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Indiana Supreme Court accepts 1 case on transfer

April 25, 2016
IL Staff
The Indiana Supreme Court granted transfer in one case last week that it decided Friday, unanimously denying the 12 others that were up for transfer.
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Supreme Court clarifies employment discrimination case

April 25, 2016
Scott Roberts
The Indiana Supreme Court clarified an employment discrimination case Friday afternoon in one of the last opinions written by retiring Justice Brent Dickson. The decision explained when summary judgment should be used and what courts should be looking for when deciding such cases, ultimately affirming the Court of Appeals.
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COA: Federal statute supersedes state one

April 22, 2016
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
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3 reappointed to Supreme Court Disciplinary Commission

April 22, 2016
IL Staff
The Indiana Supreme Court reappointed three members to its disciplinary commission Thursday. Nancy L. Cross, Andrielle M. Metzel and Trent A. McCain’s terms were scheduled to expire June 30, and will now serve another five-year term.
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COA: Time expired in bringing criminal trial

April 22, 2016
Scott Roberts
The Indiana Court of Appeals reversed a man’s felony and misdemeanor charges after it found the state did not bring him to trial within a 365-day time period.
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Uber drivers' $100M deal may set pace for gig economy

April 22, 2016
 Associated Press
Uber Technologies Inc. resolved the biggest threat to its business by settling with California drivers suing to be treated more like traditional employees, a move that could have broad-ranging implications for companies across the sharing economy.
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Justices find man did not waive his right to jury trial

April 21, 2016
Scott Roberts
The Indiana Supreme Court reversed and remanded a man’s conviction for Class D felony domestic battery after it found his silence did not constitute a waiver to right of trial by jury.
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Sued company should get attorney fees, COA rules

April 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled a company that dropped a lawsuit against another for breach of warranty must still pay attorney fees of the company they sued.
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COA majority: Conditional language is still a threat

April 21, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.
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Attorney: NCAA also deserves blame in UNC fraud scandal

April 21, 2016
 Associated Press
An attorney representing two ex-University of North Carolina athletes says the school and Indianapolis-based NCAA are both responsible for UNC's long-running academic fraud scandal that he says denied athletes a quality education.
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Dickson hears final argument in historic Corydon courthouse

April 20, 2016
Jennifer Nelson
The Indiana Supreme Court’s five justices traveled to Corydon Wednesday to hear arguments in a modern case presented in the original Supreme Court courtroom built for just three justices. The event was part of the celebration of the state’s bicentennial and also was Justice Brent Dickson’s final oral argument.
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3 charged with several crimes in Flint water crisis

April 20, 2016
 Associated Press
Two state regulators and a Flint employee were charged Wednesday with evidence tampering and other felonies and misdemeanors, for the first time raising the lead-tainted water crisis in the Michigan city to a criminal case.
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COA: Man’s habeas petition should be dismissed

April 20, 2016
Scott Roberts
The Indiana Court of Appeals remanded a man’s petition for habeas corpus and ordered the trial court to dismiss his claims after the judges said he improperly filed his petition without permission from the court.
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High court upholds Arizona redistricting plan

April 20, 2016
 Associated Press
A unanimous U.S. Supreme Court says an Arizona commission did not violate the principle of one-person, one-vote when it redrew the state's legislative districts in a way that created some with more residents than others.
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Terror victims win Supreme Court judgment against Iran

April 20, 2016
 Associated Press
The Supreme Court of the United States on Wednesday upheld a judgment allowing families of victims of the 1983 Marine barracks bombing in Beirut and other terrorist attacks to collect nearly $2 billion in frozen Iranian funds.
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17 former Angie's List salespeople sue for overtime

April 20, 2016
Jeff Newman, IBJ Staff
Seventeen former salespeople for Angie’s List Inc. filed lawsuits Tuesday alleging the Indianapolis-based company systematically withheld payment for overtime hours they worked.
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7th Circuit: Prisoner denied due process

April 20, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a prisoner could not defend the possession of heroin charge against him and thus remanded his case for rehearing.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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