Legal News

Justices consider ‘reasonable’ standard in flash bang search case

May 26, 2017
Olivia Covington
As criticism across the country continues to grow against the use of flash bang devices, a highly controversial police diversionary tool, the justices of the Indiana Supreme Court must decide whether the use of such a tool in Evansville constituted an unreasonable assault on the home.
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Ex-prosecutor faces discipline for failing to disclose false testimony

May 26, 2017
Dave Stafford
A former Porter County deputy prosecutor and a member of the Valparaiso City Council faces sanctions from the Indiana Supreme Court for allegedly withholding from the defense that an alleged victim said he had been coached to lie and had recanted allegations of sexual abuse.
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Reversal: Trial court ordered to revisit CHINS petition

May 26, 2017
Olivia Covington
An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.
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Ice Miller expanding IP practice with Philadelphia office

May 26, 2017
IL Staff
Ice Miller LLP is expanding its intellectual property practice with a new office in Philadelphia.
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California man accused of defrauding former Colt of more than $4.5M

May 26, 2017
Susan Orr, IBJ Staff
A financial adviser in California faces allegations that he defrauded a former Indianapolis Colts player out of more than $4.5 million in investments.
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Tax Court affirms board’s valuations of Bloomington CVS store

May 26, 2017
Olivia Covington
In a case involving the same litigants, attorneys and issues previously raised by the Monroe County assessor and CVS corporation, the Indiana Tax Court has affirmed the Indiana Board of Tax Review’s final determination as to the assessed value of a CVS store in Bloomington.
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Salvation Army sues neighboring Children’s Museum over expansion

May 25, 2017
Scott Olson, IBJ Staff
The Salvation Army is suing the Children’s Museum of Indianapolis, claiming its neighbor’s $35 million outdoor expansion project intrudes on its easements and restricts its access to Illinois Street.
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Appeals court reinstates grant of petition to relocate easement

May 25, 2017
Olivia Covington
The Town of Ellettsville Plan Commission can move forward with its plan to grant a petition to move an easement after the Indiana Court of Appeals found Thursday the man who owns the easement did not prove the petition was unreasonable.
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Bloomington files lawsuit over last-minute annexation amendment

May 25, 2017
Marilyn Odendahl
The city of Bloomington has filed a lawsuit against Indiana Gov. Eric Holcomb, claiming an amendment dropped into the state’s biennial budget at 2 a.m. April 21 and approved less than 24 hours later is specifically targeting the municipality to prevent it from annexing seven unincorporated areas near the city limits.
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COA affirms convictions in nursing home burglary scheme

May 25, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s various felony theft and burglary convictions after finding there was sufficient evidence to prove he broke into the dwelling of nursing home residents and stole narcotics worth more than $3,000.
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State agrees to pay family $25M to settle DCS case

May 25, 2017
Dave Stafford
Indiana will pay $25 million to conclude a northern Indiana family’s decade-long legal fight to clear their names after the Department of Child Services falsely prosecuted them for their daughter’s death.
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Bosma Enterprises files lawsuit over VA contracting changes

May 25, 2017
 Associated Press, IBJ Staff
Indianapolis-based not-for-profit Bosma Enterprises and other advocacy groups for the blind on Wednesday sued the Department of Veterans Affairs in federal court, alleging the agency ignored a long-standing law when it changed contracting rules that have been used for decades to give jobs to the visually impaired.
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Law firm entitled to $36k in unpaid legal fees, court rules, but not all it sought

May 24, 2017
Jennifer Nelson
A Vincennes firm scored a partial victory in the Indiana Court of Appeals on Wednesday after the court upheld the award of more than $36,000 in unpaid legal fees for guardianship and estate work. The appeals court remanded the case for reconsideration of other collection costs and prejudgment interest awarded.
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Federal court documentary premiere, debut airing set

May 24, 2017
IL Staff
A documentary coinciding with the bicentennial of Indiana’s federal courts will premiere at a special event next month ahead of its debut airing on public television.
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Justices to hear arguments in Evansville 'military-style assault' case

May 24, 2017
IL Staff
Indiana’s Supreme Court is set to hear cases Thursday involving the withdrawal of guilty pleas, the use of search warrants and the revocation of good-time credit.
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Family of dead Indiana man sues, claiming stun gun overuse

May 24, 2017
 Associated Press
The family of an Indiana man who died after police repeatedly used a stun gun on him filed a lawsuit Tuesday asserting that his constitutional rights were violated in an unprovoked "brutal and deadly assault."
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Trump budget hits legal aid and public service sectors

May 24, 2017
Marilyn Odendahl
The American Bar Association is speaking out against key provisions in the Trump administration’s budget blueprint that would hit legal aid particularly hard.
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Indiana gets over $600K in Target data breach settlement

May 23, 2017
 Associated Press
Indiana will receive over $600,000 from an $18.5 million settlement with Target Corp. to resolve a multi-state probe into the discounter's pre-Christmas data breach in 2013.
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COA affirms denial of educational credit time for inmate

May 23, 2017
Olivia Covington
The Indiana Department of Correction correctly denied an inmate’s request for educational credit time after he was reincarcerated for a parole violation, the Indiana Court of Appeals held Tuesday, finding established caselaw does not allow inmates to “bank” credit time for future incarceration.
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COA reinstates Madison City Council rezoning denial

May 23, 2017
Olivia Covington
A decision by the Madison City Council to deny a local couple’s request to rezone a property was not arbitrary and capricious and, thus, must be reinstated, the Indiana Court of Appeals ruled.
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COA finds no Brady violation in burglary case

May 23, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s conviction for felony burglary, finding the state did not violate his rights by failing to disclose before trial the existence of a wallet discovered during the investigation into the burglary.
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7th Circuit hears Indiana birth certificate dispute

May 23, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals seemed unconvinced that Indiana’s prohibition against listing non-birth mothers in female, same-sex married couples on a child’s birth certificate violates the Constitution.
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Suit: ‘Scheme to scam’ put dubious charges on Vectren bills

May 23, 2017
Dave Stafford
An untold number of Vectren utility customers were duped into paying dubious utility-line protection plan charges that went to a different company after Vectren presumably took a kickback on the charge, a proposed class-action lawsuit claims.
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Jury selection enters day 2 in Bill Cosby sex assault case

May 23, 2017
 Associated Press
Jury selection resumed Tuesday outside Philadelphia in Bill Cosby’s sexual assault trial as prosecutors and the defense seek to fill out a panel of 12 jurors and six alternates in a case that has attracted worldwide publicity.
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7th Circuit affirms denial of habeas relief

May 23, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the denial of a man’s petition for habeas relief after finding he waived his argument of ineffective assistance of counsel by not raising that argument in his habeas petition.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

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