Legal News

Suit: County worker fired for objecting to gay marriage

July 24, 2015
 Associated Press
A former deputy clerk from southern Indiana says in a federal lawsuit she was fired for refusing to process a same-sex couple’s marriage application.
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Judge lacked authority to raise cocaine sentence after reduction

July 23, 2015
Dave Stafford
A cocaine dealer whose prison term was reduced in accordance with changed federal guidelines won an appeal after the judge who cut his sentence by more than 10 years later reimposed the original sentence.
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Judge tired of discovery spats in airport insurance dispute

July 23, 2015
Dave Stafford
The latest dispute in a contentious multi-million-dollar insurance coverage lawsuit arising from a terminal construction mishap at Indianapolis International Airport has led a federal judge to single out opposing counsel in the case.
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COA affirms conviction, sentence in pizza deliveryman’s slaying

July 23, 2015
Dave Stafford
The Indiana Court of Appeals Thursday upheld the 65-year sentence and convictions a jury rendered against an Indianapolis man who robbed, shot and killed a pizza deliveryman at a southside apartment complex.
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Woman in recorded Indiana Wal-Mart fight pleads guilty

July 23, 2015
 Associated Press
One of two women whose fight at an Indiana Wal-Mart was caught on cellphone video has pleaded guilty to disorderly conduct.
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Children’s commission turns attention to services for Indiana youths

July 23, 2015
Marilyn Odendahl
The nearly 2-year-old Commission on Improving the Status of Children has released its annual report, detailing its activities during the 2014-2015 fiscal year.
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7th Circuit denies new trial for convicted bank robber

July 23, 2015
Dave Stafford
A man convicted of robbing the Hammond Standard Bank & Trust in December 2011 failed to convince the 7th Circuit Court of Appeals that he was entitled to a new trial.
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7th Circuit overturns some Blagojevich Senate-seat convictions

July 22, 2015
 Associated Press
A federal appeals court Tuesday overturned some of the most sensational convictions that sent former Illinois Gov. Rod Blagojevich to a lengthy stint in prison, ruling that the Democrat did not break the law when he sought to secure a Cabinet position in President Barack Obama’s administration in exchange for appointing an Obama adviser to the president’s former U.S. Senate seat.
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Winning plaintiff agrees prejudgment interest award not warranted

July 22, 2015
Marilyn Odendahl
A real estate investor who was successful in her protracted feud with her real estate broker acknowledged an error in the calculation of her award and induced the Indiana Court of Appeals to make a reversal.
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Bankruptcy cases drop in 2014, repeat filings rise

July 22, 2015
IL Staff
Individual consumer debt bankruptcy petitions declined in 2014, but for a significant number of people, this wasn’t the first time they’d filed for bankruptcy in the last eight years.
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COA: Post-conviction court too speedy in its denial of petition

July 22, 2015
Marilyn Odendahl
A post-conviction court which denied a petition even before the state had responded has been ordered by the Indiana Court of Appeals to go back, slow down and do it over.
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7th Circuit affirms restaurateur’s harboring conviction

July 22, 2015
Dave Stafford
The 7th Circuit Court of Appeals Tuesday affirmed an Illinois businessman’s conviction of harboring illegal immigrants in a northern Indiana restaurant he owned along with a nearby house where his workers lived.
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Former HHGregg manager wins class-action suit over bonuses

July 22, 2015
Scott Olson, IBJ Staff
A former HHGregg Inc. manager has won his lawsuit charging that the company failed to pay incentive bonuses after reaching certain financial goals.
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Judgment for city on wrongful arrest claim affirmed

July 22, 2015
Dave Stafford
An Indianapolis man who claimed he was the victim of wrongful arrest and malicious prosecution may not pursue his federal civil rights lawsuit against the city and the arresting officer, but he may go to state court to sue the neighbor who claimed the man broke into his house and assaulted him.
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Opinions July 21, 2015

July 21, 2015
Indiana Supreme Court
In the Matter of: Steven J. Ouellette
02S00-1502-DI-107
Attorney discipline. Disbars Steven J. Ouellette for converting $8,725 in client funds and failing to cooperate with the disciplinary process. Ouellette, who currently was suspended indefinitely in a separate disciplinary matter, violated Rules of Professional Conduct 1.15(a), 8.1(b), 8.4(b) and 8.4(c). Respectively, those rules violations are for failing to hold client property in trust; failing to respond to disciplinary authorities; committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness; and conduct involving dishonesty, fraud, deceit or misrepresentation.
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Supreme Court disbars suspended Fort Wayne lawyer

July 21, 2015
Dave Stafford
A Fort Wayne lawyer’s latest disciplinary matter resulted in his disbarment for taking $8,725 from clients he represented in a bankruptcy case.
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COA: Petitioner entitled to tax deed after completing all steps

July 21, 2015
Dave Stafford
An entity that bought two properties at a tax sale fulfilled all the requisite steps to acquire ownership of the parcels, the Indiana Court of Appeals ruled, rejecting an appeal from the trust that previously owned the properties.
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Gender gap persists among lead trial counsel

July 21, 2015
 Bloomberg News
When it comes to lead trial counsel, a recent American Bar Association Study reveals that the gender divide shows no signs of going away.
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Dose of chlorine gas alone not enough to support diagnosis of respiratory illness

July 21, 2015
Marilyn Odendahl
A man who failed to produce an expert witness to link his respiratory ailment to a mishap at an amusement park will not be able to continue with his negligence claim.
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Justices take drug-buy sting appeal

July 21, 2015
Dave Stafford
The Indiana Supreme Court will review the conviction of a man arrested after authorities set up controlled cocaine purchases from him.
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Judge’s failure to address killers’ upbringings requires resentencing

July 21, 2015
Dave Stafford
Two men sentenced to life in prison for the 2000 murder of a 73-year-old nearly deaf Hammond gun store owner must be resentenced, the 7th Circuit Court of Appeals ruled Tuesday.
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Deaf courtroom spectator gets $124,500 settlement from state of Indiana

July 20, 2015
Marilyn Odendahl
A deaf Indiana man who was denied a sign-language interpreter in court has reached a $124,500 settlement with the state of Indiana.
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Residents celebrate law allowing alcohol at retirement homes

July 20, 2015
 Associated Press
Residents of a Bloomington retirement home are enjoying their successful push for a change to state law to allow the serving of alcohol at Indiana's nursing homes and retirement communities.
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Involuntary commitment vacated for lack of evidence

July 20, 2015
Dave Stafford
An Indianapolis woman was improperly ordered committed for mental illness, but there was insufficient evidence she was gravely disabled, a panel of the Indiana Court of Appeals ruled Monday. The decision further emphasizes the need for clear and convincing evidence of grave disability to support a commitment.
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Coroner: Arterial disease killed ND law professor at 31

July 20, 2015
IL Staff
The death of a popular Notre Dame Law School professor and undergradate mock trial coach was caused by cardiovascular disease, according to the St. Joseph County coroner’s office.
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  1. 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.

  2. 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

  3. 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.

  4. 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.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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