Legal News

TV’s ‘Shift’ suspect got shaft, but rights weren’t violated

August 18, 2015
Dave Stafford
A man who was wrongly arrested and charged with murder by Indianapolis police whose investigation was being documented for the reality TV series “The Shift” lost his appeal in a civil rights lawsuit against police.
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Dimos hired for No. 2 position at ABA

August 17, 2015
Dave Stafford
Attorney James Dimos, a member at Frost Brown Todd LLC in Indianapolis and past president of the Indiana State Bar Association, has been hired as deputy executive director of the American Bar Association.
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Judge’s sanction in gun IP suit decries ‘peevishness’

August 17, 2015
Dave Stafford
An intellectual property lawsuit between gunmakers “has grown into a Dickensian monstrosity,” a federal judge wrote Friday, criticizing parties for “peevishness.”
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Supreme Court rejects Think Tank trade secret appeal

August 17, 2015
IL Staff
A divided Indiana Supreme Court declined to hear an appeal from a northwest Indiana software company that unsuccessfully sued former employees it claimed divulged trade secrets to a competitor.
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7th Circuit not convinced by inmate’s double jeopardy argument

August 17, 2015
Marilyn Odendahl
A convicted sex offender who did not have the requisite certificate of appealability was still able to present his constitutional claims, but the 7th Circuit Court of Appeals found no grounds to overturn his conviction and sentence. 
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Reversal: Ex-DOC worker wins appeal in bid to marry inmate

August 17, 2015
Dave Stafford
A former contract worker who quit her job at an Indiana prison after her sexual relationship with an inmate was discovered was wrongly denied permission to marry him, the 7th Circuit Court of Appeals ruled Friday.
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Mom loses appeal against Planned Parenthood

August 17, 2015
Dave Stafford
A mom who sued Planned Parenthood after her 17-year-old daughter used another person’s ID and posed as an 18-year-old to get an abortion has no private cause of action to enforce abortion statutes. Planned Parenthood also owed no duty to the mother under the circumstances, the Indiana Court of Appeals ruled Monday.
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Indiana officials issuing fewer waivers to state ethics law

August 17, 2015
 Associated Press
State records show that Indiana officials have been issuing fewer waivers that would let state employees take related jobs in the private sector before a yearlong wait.
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Lawmakers delay action on security upgrade for state complex

August 17, 2015
 Associated Press
Indiana lawmakers told Gov. Mike Pence Friday that they need more details before signing off on his $873,000 plan to upgrade security at the entrances of the state government complex.
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Technology erases need for ‘ancient document’ rule

August 14, 2015
Marilyn Odendahl
A longstanding yet rarely invoked federal rule of evidence allowed the admission of an “ancient document” if it was more than 20 years old and appeared to be authentic. However, in an age when decades-old information is easily accessible electronically, a review committee has concluded the exception could be abused.
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7th Circuit won’t reinstate Lauren Spierer family’s lawsuit

August 14, 2015
Dave Stafford
A civil lawsuit filed by the parents of missing Indiana University student Lauren Spierer was properly decided in favor of defendants who were among the last people to see her, the 7th Circuit Court of Appeals ruled Friday.
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Police deadly force justified against suicidal man

August 14, 2015
Dave Stafford
Police who shot and killed a suicidal man in his Cloverdale home were justified in using deadly force under the circumstances, the 7th Circuit Court of Appeals ruled Friday.
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Fired Polaris technician wins reversal at 7th Circuit

August 14, 2015
Marilyn Odendahl
A former Indianapolis lab technician presented enough evidence to support her claims of discrimination and retaliation that the 7th Circuit Court of Appeals overturned summary judgment in favor of her former employer.
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Prosecutor: No charges in South Bend police wiretap case

August 14, 2015
 Associated Press
Criminal charges won’t be pursued against a former South Bend police chief in a case of wiretapping within the police department, a special prosecutor ruled.
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Life sentence ordered in deadly Indianapolis house blast

August 14, 2015
 Associated Press
The man convicted of planning a massive Indianapolis house explosion that killed two neighbors was sentenced Friday to life without parole.
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Agreement means what it says, COA rules

August 14, 2015
Marilyn Odendahl
While the Indiana Court of Appeals conceded the severance agreement was “not a model of precision,” it disagreed with a trial court’s conclusion that the agreement contained a mistake.
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Molestation charge dropped against committed incompetent defendant

August 14, 2015
Dave Stafford
A child molestation charge must be dropped against an incompetent defendant who’s been in psychiatric hospitals longer than he could have been imprisoned had he been convicted, the Indiana Court of Appeals ruled Friday.
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7th Circuit divided over appeal from death row inmate

August 13, 2015
Marilyn Odendahl
A split 7th Circuit Court of Appeals denied an inmate on Indiana’s death row a chance for a new trial, finding the exclusion of a witness’s videotaped interview which could have possibly exonerated him was inadmissible as hearsay.
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Toyota dealership relocation to Fishers divides appeals court

August 13, 2015
Dave Stafford
Whether three competing greater Indianapolis Toyota dealers may block the relocation of another Toyota franchise from Anderson to Fishers divided a panel of the Indiana Court of Appeals Thursday.
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Divided COA panel reverses modification of support

August 13, 2015
Dave Stafford
A judge who ordered a modification of child support after a father told the court he was moving out of state and intended to seek custody of a minor child acted prematurely, a Court of Appeals panel majority ruled Thursday.
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National MLP conference selects Indianapolis; concerned about RFRA

August 13, 2015
Marilyn Odendahl
Just a few months after getting a national award, the medical-legal partnership program in Indiana is getting another boost.
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Third lawsuit filed in Medical Informatics data hack

August 13, 2015
 Associated Press
A third lawsuit seeking class-action status has been filed against a Fort Wayne-based medical software company over a data breach involving patient information.
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Governor: New Statehouse doors about public safety

August 13, 2015
 Associated Press
Gov. Mike Pence says his administration's request to spend nearly $875,000 on new doors for the Indiana Statehouse is “about putting public safety first.”
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Pence authorizes hiring 113 new DCS caseworkers

August 13, 2015
IL Staff
Governor Mike Pence Thursday announced the authorization of 113 additional Department of Child Services caseworkers to meet the demand caused by increased cases across the state. DCS will present its annual report to the State Budget Committee Friday.
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In estate case, Tax Court upholds ruling against state

August 12, 2015
Dave Stafford
A probate court ruled correctly when it denied the state’s argument that distributions to heirs from a trust established in 2008 should have been subject to Indiana’s estate tax, which has since been abolished.
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  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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