Legal News

COA to hear legal malpractice appeal

May 12, 2017
IL Staff
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
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Supreme Court to hear whistleblower case against IDEM

May 12, 2017
IL Staff
A former state employee who claims she was fired for blowing the whistle on questionable payment practices in the Indiana Department of Environment Management will bring her case before the Indiana Supreme Court next week, when she will urge the justices to allow her complaint against the state agency to continue.
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ABA advises ‘reasonable efforts’ to protect client data

May 12, 2017
IL Staff
A new ethics opinion from the American Bar Association is calling on attorneys to make “reasonable efforts” to ensure their electronic attorney-client communications are not subject to inadvertent or unauthorized disclosure.
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Symphony denies wrongdoing by conductor Urbanski, leadership

May 12, 2017
Lindsey Erdody, IBJ Staff
Indianapolis Symphony Orchestra is defending its conductor and leaders, describing claims of age discrimination and harassment made by a tenured musician as “outlandish” and “baseless.”
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Trump launches commission to investigate voter fraud

May 12, 2017
 Associated Press
President Donald Trump signed an executive order Thursday launching a commission to review alleged voter fraud and voter suppression, building upon his unsubstantiated claims that millions of people voted illegally in the 2016 election.
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Man uses plastic bat to defend son from goose, gets ticket

May 12, 2017
 Associated Press
An Indianapolis man says he shouldn't have been ticketed for using a plastic bat to protect his 4-year-old son from an aggressive Canada goose.
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Anthem abandons battle for Cigna after court deals blow to deal

May 12, 2017
 Bloomberg News
Anthem Inc.’s nearly two-year effort to buy rival insurer Cigna Corp. is officially dead.
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Trump: Comey better hope there are no ‘tapes’ of talks

May 12, 2017
 Associated Press
President Donald Trump, in a warning to his fired FBI director, said Friday that James Comey had better hope there are no “tapes” of their conversations. Trump’s tweet came the morning after he asserted Comey had told him three times that he wasn’t under FBI investigation.
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ACLU slams, prosecutors welcome Sessions' call for tougher charges

May 12, 2017
 Associated Press
The American Civil Liberties Union says Attorney General Jeff Sessions is "repeating a failed experiment" by encouraging prosecutors to pursue tougher charges against most suspects.
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Doctor suspended for sex with patient sues over board minutes

May 12, 2017
John Russell
An Indianapolis doctor whose license was suspended after he admitted to having a five-year sexual relationship with a patient says he has been libeled by the Indiana Medical Licensing Board for how it recorded the matter in its official minutes.
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Supreme Court updates rules for ‘Notice of Defect’ responses

May 11, 2017
IL Staff
The Indiana Supreme Court has updated the state’s appellate rules governing how attorneys and litigants must respond when the clerk of the state’s appellate courts return their timely filed documents that do not comply with Indiana Rules of Appellate Procedure.
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7th Circuit allows inmate’s due process claim to continue

May 11, 2017
Olivia Covington
The 7th Circuit Court of Appeals has reversed summary judgment against a federal inmate on his constitutional due process claims, finding that the reviews of his prolonged stay in solitary confinement may not pass constitutional muster.
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Company must face fired worker’s religion discrimination claim

May 11, 2017
Dave StaffordMore

Relying on video evidence that contradicts trial court is not ‘reweighing,’ justices rule

May 11, 2017
Olivia Covington
An appellate court’s decision to rely on video evidence to reverse a trial court’s findings does not constitute impermissible reweighing of the evidence if the video indisputably contradicts the trial court, the Indiana Supreme Court held Thursday while simultaneously affirming a man’s resisting law enforcement and battery against a law enforcement animal convictions.
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Appeals court vacates multiple domestic violence convictions

May 11, 2017
Dave Stafford
Multiple domestic violence convictions against a man accused of repeatedly beating and choking his wife were vacated Thursday by the Indiana Court of Appeals, along with his adjudication as a habitual offender.
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COA affirms $2.13M award against trucking firm in crash

May 11, 2017
Dave Stafford
A Tippecanoe County jury’s award of $2.13 million in damages to a woman permanently injured in a crash that killed her fiancé was affirmed Thursday by the Indiana Court of Appeals.
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COA: Expert should have testified about personal medical practices

May 11, 2017
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals ruled a patient in a medical malpractice case should have been able to cross-examine the medical expert about his personal medical practices.
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Supreme Court: ‘remoteness’ of prior conviction doesn’t affect admissibility

May 11, 2017
Olivia Covington
Determining that the “remoteness” of a prior offense does not affect the admissibility of evidence at trial, the Indiana Supreme Court has affirmed the award of roughly $2 million in compensatory and punitive damages to a man injured by a drunk driver.
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Indianapolis man gets 3 life sentences for killing spree

May 11, 2017
 Associated Press, IL Staff
An Indianapolis man has received three consecutive life sentences for killing three people over four days in attacks that authorities say he justified by citing the horror movie, "The Purge."
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US sued for warning immigrant advocacy group to stop legal aid

May 10, 2017
 Bloomberg News
A nonprofit fighting the Trump administration’s travel ban in court sued the U.S. Justice Department after being warned to stop offering legal aid to undocumented immigrants.
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New Jersey man to get attorney fees, interest in failed real estate deal

May 10, 2017
Olivia Covington
After affirming the denial of summary judgment to northern Indiana landowners who misrepresented a property zoning to a potential buyer, the Indiana Court of Appeals also reversed the denial of attorney fees and prejudgment and post-judgment interest to the buyer.
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COA reverses woman’s conviction for violation of protective order

May 10, 2017
Olivia Covington
A woman who sent an email to the board of elders of her former church did not violate the church pastor’s protective order against her because the email was intended for the elders, not the pastor, a divided Indiana Court of Appeals ruled Wednesday.
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Supreme Court reverses denial of motion to suppress in gun-tip case

May 10, 2017
Olivia Covington
Evidence of a man’s illegal possession of a handgun must be suppressed at his trial on remand after the Indiana Supreme Court ruled Tuesday the evidence was obtained in violation of constitutional protections.
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Residents threaten lawsuit against city of Indianapolis over flood wall project

May 9, 2017
Olivia Covington
A group of residents from a northern Indianapolis suburb are threatening legal action against the city if it moves forward with its plans for a flood wall along a canal, a plan they say could subject their homes to serious flood damage.
More

Trump seeks to dodge suit by supporters who beat protesters

May 9, 2017
 Bloomberg News
President Donald Trump asked a federal judge to throw out lawsuits filed by two former supporters who blame him for "inspiring" their violence against protesters at one of his pre-election campaign rallies.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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