Legal News

Bill would let Hoosiers refuse gay-wedding services

January 5, 2015
 Associated Press
Legislation that supporters contend is needed to protect Indiana residents with strong religious beliefs by allowing them to refuse services for same-sex weddings is drawing fire from gay rights groups and others who say it would legalize discrimination.
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COA affirms neighbor’s notice to court about survey is sufficient

December 31, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s challenge to the denial of his motion to correct error regarding the introduction of a survey reflecting a property line by his neighbor. The case was the result of a boundary dispute.
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Indiana diocese wants ex-teacher's jury award cut

December 31, 2014
 Associated Press
A northern Indiana Roman Catholic diocese wants to reduce a jury's nearly $2 million award to a former teacher fired by church officials for trying to get pregnant through in vitro fertilization.
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Faegre Baker Daniels partner to lead legal aid organization

December 31, 2014
Marilyn Odendahl
Jon Laramore, partner at Faegre Baker Daniels and immediate past president of the Indiana State Board of Law Examiners, has been named the executive director of Indiana Legal Services.
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Company owed no duty to woman injured by employee after work

December 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed Wednesday that a northwest Indiana steel producer did not owe a duty to a woman injured in a car accident caused by an employee as he drove home from his shift. 
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Fewer cases filed in 2013 in state courts

December 31, 2014
IL Staff
There were 1,152,052 new cases filed in state courts in 2013, a decrease of 7.3 percent over the previous year, according to data released Tuesday by the Indiana Supreme Court and the Division of State Court Administration. The data continues to show the trend of a drop in filings over recent years.
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Georgia woman files suit in Indiana Megabus crash

December 31, 2014
 Associated Press
A Georgia woman injured when a double-decker bus crashed in southern Indiana is suing Megabus over medical bills and lost wages stemming from her injuries.
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2014 Year in Review

December 31, 2014
IL Staff
This year could be described as a historic one for Indiana. The state's ban on gay marriage was overturned by the courts, and, for the first time, a woman was chosen as chief justice of the Indiana Supreme Court. In fact, women are leading most of the courts in Indiana. In 2014, we saw changes in the law schools, a new criminal code implemented, and attorneys in trouble with the court and the law. (Remember the attorney who doesn't like to wear socks?)
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Turnover of judges marks new era in Bankruptcy Court

December 31, 2014
Dave Stafford
An Indiana federal court that for a dozen years was presided over by the same four judges has undergone a near-total overhaul in the past two years.
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State Fair stage collapse appeal puts tort caps on trial

December 31, 2014
Dave Stafford
While the lone victim of the Indiana State Fair stage collapse who declined to settle with the state aims to prove caps on its liability are unconstitutional, judges who heard the appeal focused on why she was denied her day in court.
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Right-to-work court battle may not be over

December 31, 2014
Marilyn Odendahl
Despite a series of court rulings upholding Indiana’s right-to-work law, unions are not stopping their efforts to have the law overturned. Some opponents are considering petitioning for a review by the Supreme Court of the United States as well as filing another lawsuit in Indiana state court.
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Driver’s lack of appellee brief reinstates license revocation

December 30, 2014
Dave Stafford
A motorist who won a trial court judgment vacating the suspension of his driver’s license didn’t file a brief when the Bureau of Motor Vehicles appealed the decision and, therefore, lost his challenge of the BMV action.
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COA affirms judgment for seller in voided land deal

December 30, 2014
Dave Stafford
Sellers of property that had been designated as the second phase of a Gatorade distribution facility in Hendricks County were properly awarded specific performance of a contract to sell the land after the buyer backed out, the Court of Appeals held.
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Pulling a switcheroo leads to felony conviction

December 30, 2014
Marilyn Odendahl
A man who switched seats to help a friend failed to convince the Indiana Court of Appeals that he unknowingly put himself in the hot seat.
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Insurer owes no duty in dispute between sibling ex-law partners

December 30, 2014
Dave Stafford
A dispute between a brother and sister as their law firm partnership was dissolving was an employment-related matter covered by an insurer’s exclusionary clause, the Indiana Court of Appeals held Tuesday, reversing a trial court order.
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Principal fired for relationship with teacher wins appeal

December 30, 2014
Dave Stafford
A Westfield elementary school principal fired in 2011 for a consensual sexual relationship with a teacher he supervised won an appeal of his lawsuit against the school corporation, which had been granted summary judgment by the trial court.
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Clark County prosecutor stepping down after 25 years

December 30, 2014
 Associated Press
After serving as the Clark County prosecutor for 25 years — the longest term of a prosecutor in the county's history — Steve Stewart is moving on to new challenges.
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Owner can seek separate claim for property damage coverage

December 29, 2014
Marilyn Odendahl
Despite having agreed to pay $1.7 million, an insurance company may have to provide more money to satisfy a claim from the owner of a contaminated property.
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COA finds double-jeopardy violations in conviction of former secretary of state

December 29, 2014
Marilyn Odendahl
Former Indiana Secretary of State Charlie White, convicted of voter fraud and removed from office, had three of his six convictions overturned by the Indiana Court of Appeals Dec. 29 and will have to serve his sentence of one year of electronic home monitoring.
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Ohio woman’s incriminating statements properly suppressed

December 29, 2014
Jennifer Nelson
An Ohio woman charged with murder and other crimes in Ripley County prevailed in the Indiana Court of Appeals Monday when the judges affirmed the grant of her motion to suppress incriminating statements she gave to police.
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‘Second haircut’ nixed by tax court

December 29, 2014
Marilyn Odendahl
A finance company that purchased car loans at a discounted price is entitled to recoup all the sales tax on the loans which have since gone into default.
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Impact of Indiana's criminal code changes unclear

December 29, 2014
 Associated Press
Indiana's prosecutors and judges are still adjusting to sweeping changes to the state's criminal code intended to send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons.
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Little Statehouse appetite exists for government reform

December 29, 2014
 Associated Press
Indiana lawmakers set to reconvene next week aren't showing any signs they'll embrace some of the more sweeping changes to the structure of the state's local government proposed by a bipartisan commission.
More

Pro se medical malpractice claim fails without expert testimony

December 24, 2014
Marilyn Odendahl
The Indiana Court of Appeals chastised a pro se litigant for supporting his medical malpractice claim with only a “perfunctory and self-serving” affidavit instead of submitting expert testimony.
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Drunken-driving conviction upheld for motorist parked at courthouse

December 24, 2014
Dave Stafford
A woman who was intoxicated while she attended to business at the courthouse in Crawfordsville lost her appeal of a felony drunken-driving conviction Wednesday.
More
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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