Legal News

Judge won’t bifurcate ‘Texas’ steakhouses’ trademark trial

June 5, 2017
Dave Stafford
A federal judge refused to order separate trials on liability and damages for a Merrillville-based steakhouse chain accused of copying the trade dress and trademarks of a larger Texas-themed competitor.
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Man's 9-year sentence for possessing a gun upheld by 7th Circuit

June 5, 2017
Olivia Covington
An Indiana’s man sentence for possession of a firearm by a violent felon will stand after the 7th Circuit Court of Appeals held Monday the federal and state definitions of “battery” and “force” work together to convict him of violent felonies.
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Judgment against ex-state lawyer vacated in long-running puppy mill case

June 5, 2017
Olivia Covington
A former attorney in the Indiana Attorney General’s Office has been relieved of a $15,000 judgment against him for his role in the raid of an alleged puppy mill, the most recent decision in a long-running case stemming from the state’s seizure of roughly 240 dogs.
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More than half of Indiana counties now e-filing

June 5, 2017
IL Staff
Electronic filing is now available in more than half of Indiana circuit and superior courts, as Fountain and Starke Counties on Friday became the latest to adopt e-filing initially on a voluntary basis.
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3 Ex-Penn St. officials get jail in Sandusky case

June 2, 2017
 Associated Press
A former president of Penn State and two other former university administrators were each sentenced Friday to at least two months in jail for failing to alert authorities to a 2001 allegation against ex-assistant football coach Jerry Sandusky, a decision that enabled the now-convicted serial predator to continue molesting boys.
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Sexism, ageism focus of small, solo conference session

June 2, 2017
Olivia Covington
Though outward expressions of discrimination against certain types of attorneys in court may have diminished over the years, each attorney, litigant, juror and judge who enters a courtroom brings with them their own set of implicit biases.
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Prosecutors hail new DNA, anti-drug laws

June 2, 2017
Indiana prosecutors joined Gov. Eric Holcomb Thursday as he signed two bills prosecutors said are essential to law enforcement’s ability to build criminal cases.
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ABA supports Supreme Court review of ‘enemy combatant’

June 2, 2017
Marilyn Odendahl
A Guantanamo Bay detainee, represented by Indianapolis criminal defense attorney Richard Kammen, has picked up support from the American Bar Association in his challenge to the validity of the military tribunal to try him.
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Justices weigh restitution order linked to car theft

June 2, 2017
Olivia Covington
The Indiana Supreme Court will decide if the state properly assessed restitution against a woman convicted of auto theft after hearing oral arguments Thursday morning that suggested there was no evidence directly linking her to some of the damage to the vehicle.
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ABA president addresses ISBA solo, small firm conference

June 2, 2017
Olivia Covington
The legal industry is evolving quickly, with technological advancements and societal shifts making the traditional paper-and-pencil model of practicing law nearly obsolete. But for solo and small firm attorneys, the administrative burdens of simply running their firms can significantly eat into the time they would otherwise devote to developing new and more efficient methods of doing their work.
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Man gets 86 years in killing, kidnapping case

June 2, 2017
 Associated Press
A central Indiana man convicted of killing another man and forcing his estranged wife and three children to flee with him to Minnesota has been sentenced to 86 years in prison.
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Indiana man charged in crash that killed girl, 6

June 2, 2017
 Associated Press
A central Indiana man accused of causing a highway crash near Muncie that killed his girlfriend's 6-year-old daughter has been formally charged in the deadly crash.
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Anderson lawyer pleads guilty in estate misappropriation case

June 2, 2017
 Associated Press
Suspended Anderson attorney Stephen Schuyler has pleaded guilty in connection with the alleged misappropriation of funds from six estates totaling more than $700,000.
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COA: Indiana death penalty protocol ‘void’

June 1, 2017
Dave Stafford
Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Indiana Department of Correction’s execution protocol.
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Title VII sexual orientation cases bubbling in federal courts

June 1, 2017
Marilyn Odendahl
As the U.S. District Court for the Northern District of Indiana continues with its first case allowing a Title VII claim on the basis of sexual orientation, the 2nd Circuit Court of Appeals is preparing for an en banc rehearing to consider whether Title VII prohibitions include sexual orientation discrimination.
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ACLU, solicitor general argue to justices over DCS caseloads

June 1, 2017
Olivia Covington
Opposing counsel and the justices of the Indiana Supreme Court were agreed on one issue during oral arguments Thursday in a case involving the Department of Child Services – family case managers are the “backbone” of the work DCS does for Hoosier children.
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7th Circuit: Officer had reasonable suspicion to prolong traffic stop

June 1, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a northern Indiana man’s conviction of possession more than 15 doctored gift cards, finding the police officer who stopped the man had reasonable suspicion to prolong the traffic stop that led to the discovery of the fraudulent gift cards.
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Senate Republicans appoint new chief legal counsel, chief of staff

June 1, 2017
IL Staff
A longtime member of the Indiana Senate Republicans legal staff has been appointed chief legal counsel for the Senate majority, which also announced a new chief of staff.
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DUI refusal requires retest after insufficient sample

June 1, 2017
Olivia Covington
Indiana law requires law enforcement officers to administer a second chemical breath test if the first test produces an insufficient sample, unless the person taking the test demonstrates a clear unwillingness to cooperate, the Indiana Supreme Court ruled in an opinion reinstating a woman’s driving privileges.
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Court: Indiana death penalty protocol ‘void’

June 1, 2017
Dave Stafford
Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Department of Correction’s execution protocol.
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Indictment: 35 trafficked cigarettes, synthetic drugs

June 1, 2017
 Associated Press
Federal prosecutors in St. Louis say three dozen people from Indiana and five other states have been indicted on felony charges related to money laundering and the trafficking of cigarettes and synthetic drugs.
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Man charged in Elkhart slaying says he met victim online

June 1, 2017
 Associated Press
A 22-year-old man charged with murder in the slaying of a former northern Indiana city councilman told detectives he met the victim after responding to an online advertisement for casual encounters, court documents say.
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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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  1. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  4. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  5. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

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