Legal News

Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case

August 25, 2015
 Associated Press
Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.
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District Court too heavy-handed in judgment, 7th Circuit rules

August 24, 2015
Marilyn Odendahl
A $2.7 million judgment in a messy dispute between a supplier and a now defunct furniture manufacturer has been overturned by the 7th Circuit Court of Appeals, which called the award “too heavy a sanction.”
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Blackford judges ban clerk from courthouse

August 24, 2015
Dave Stafford
Judges in Blackford County last week issued an order barring the elected clerk from her courthouse offices or even on the sidewalks surrounding the courthouse in Hartford City, claiming she behaved inappropriately and disobeyed and sabotaged court commands.
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Plans outline charter schools at juvenile detention centers

August 24, 2015
 Associated Press
An Indianapolis organization has proposed creating a charter school at juvenile detention centers statewide.
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COA splits over railroad benefits in divorce case

August 24, 2015
Dave Stafford
A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday.
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Indiana team that raided Fogle's home used mobile laboratory

August 24, 2015
 Associated Press
When they arrived at Jared Fogle’s home last month, law enforcement officials were armed with more than a search warrant.
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Maternity leave not excusable neglect for bank, but remand ordered

August 24, 2015
Dave Stafford
Huntington Bank failed to convince the Indiana Supreme Court that an overlooked notice in a mortgage foreclosure case was excusable neglect because the person who normally handled such notices was on maternity leave.
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Tax court reaffirms ruling against Grant County assessor

August 21, 2015
Dave Stafford
The Indiana Tax Court on Friday reaffirmed its ruling that a company received insufficient notice of a retroactive assessment of its property in Grant County.
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Law school deans excited about Class of 2018

August 21, 2015
Marilyn Odendahl
At the University of Notre Dame Law School, Dean Nell Jessup Newton bet on the “summer melt” but ended up losing to Assistant Dean for Academic and Student Affairs Kevin O’Rear.
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Law barring convicted sex offenders from schools challenged

August 21, 2015
 Associated Press
An Indiana man is challenging a new state law that bars certain convicted sex offenders from entering schools, arguing it can impair the right to vote.
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Study: Child sexual assault 'far too common' in Indiana

August 21, 2015
 Associated Press
A report by the Global Health Communication Center at Indiana University-Purdue University Indianapolis states that adolescent sexual assault is “far too common” in the state.
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Florida woman says she secretly recorded Fogle

August 21, 2015
 Associated Press
A Florida woman says former Subway pitchman Jared Fogle of Zionsville told her years ago about his interest in having sex with minors and that she went to authorities who told her to record the conversations.
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Authorities arrest Pulaski County deputy coroner

August 21, 2015
 Associated Press
Authorities in Pulaski County have arrested and charged a chief deputy coroner on preliminary charges of theft and official misconduct.
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Father who moved before divorce retains custody

August 21, 2015
Dave Stafford
The Indiana Court of Appeals Friday affirmed a trial court’s custody order in favor of a father who moved to Arizona, then California, before his wife filed for divorce.
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Andy Mohr Truck Center wins $6.5M judgment against Volvo

August 21, 2015
IBJ Staff
A federal jury has slapped Volvo Trucks North America with a $6.5 million judgment, a stinging rebuke of its business dealings with Andy Mohr Truck Center, the franchisee the Swedish company signed on in 2010 to grow its market share here.
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R.R. Donnelly loses appeal over shipping pallet taxes

August 20, 2015
Dave Stafford
A company’s purchase of shipping pallets is subject to Indiana use tax according to a ruling of the Indiana Tax Court issued Thursday.
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Prisoner’s Zantac lawsuit gives federal judges heartburn

August 20, 2015
Dave Stafford
An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.
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COA upholds human trafficking conviction

August 20, 2015
Marilyn Odendahl
The Indiana Court of Appeals took a plain reading of state statute to counter a defendant’s argument that the state had to prove intent in order to sustain a conviction of attempted promotion of human trafficking.
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Doctor who appealed attorney fees award now owes more

August 20, 2015
Dave Stafford
A northern Indiana doctor who lost a jury trial after he left a practice and started his own, and was ordered to pay damages and his former practice’s attorney fees, now may be on the hook for even greater costs.
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Rehearing upholds drug conviction resulting from traffic stop

August 20, 2015
Marilyn Odendahl
An Indianapolis man who got a second bite at the apple could not convince the Indiana Court of Appeals his traffic stop lasted too long.
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Identification of defendant via phone calls and texts upheld by COA

August 20, 2015
Marilyn Odendahl
A Grant County man argued threatening phone calls could not be linked to him, but he was unable to overcome the testimony by people who knew the sound of his voice.
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Justice Boehm gets nod for special redistricting commission

August 20, 2015
Marilyn Odendahl
Former Indiana Supreme Court Justice Ted Boehm has been given a seat on the special committee set to examine gerrymandering, a common political manipulation that he once called toxic.
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Fogle attorney: Jared taking responsibility for 'deplorable behavior'

August 19, 2015
 Associated Press, IBJ Staff
The attorney for Jared Fogle said the former Subway pitchman was accepting responsibility for “his deplorable behavior” as he agreed Wednesday in federal court to plead guilty to paying for sex acts with minors and receiving child pornography.
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Unpaid student loan splits 7th Circuit

August 19, 2015
Marilyn Odendahl
A 7th Circuit Court of Appeals panel has split with each judge writing a separate opinion about a lawsuit brought by a student who defaulted on her school loans and then sued when the lending agency tacked on collection costs.
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Columbus landowner loses appeal of subdivision denial

August 19, 2015
Dave Stafford
The city of Columbus Plan Commission did not abdicate its authority to a resident’s neighbors when it denied an application to subdivide a piece of property into three lots of about one acre apiece.
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  1. 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

  2. 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.

  3. 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.

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

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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