Legal News

Former IDEM employee’s unlawful termination case can continue

December 29, 2016
Olivia Covington
A former Indiana state employee can continue her case against the Indiana Department of Environmental Management after the Court of Appeals decided Thursday that her unlawful termination complaint stated a claim upon which relief can be granted and that sovereign immunity cannot apply.
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Granddaughter can continue to seek guardianship of grandfather

December 29, 2016
Olivia Covington
The Indiana Court of Appeals is allowing a granddaughter to continue seeking guardianship over her grandfather after determining that the trial court erroneously dismissed her guardianship petition.
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COA: Trial court’s erroneous statement did not change terms of plea agreement

December 29, 2016
Olivia Covington
A man convicted of drug-related charges must adhere to the waiver of his right  to appeal his sentence as part of his plea deal after the Indiana Court of Appeals found Thursday that the trial court’s erroneous statement did not change the terms of that agreement.
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Gun evidence admissibility divides Court of Appeals

December 29, 2016
Jennifer Nelson
In a “he said, she said” case before the Indiana Court of Appeals Thursday, the judges were divided on whether admission of a gun into evidence prejudiced a woman’s convictions of resisting law enforcement and battery against a public safety official and her boyfriend’s battery conviction.
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Appeals court finds judge complied with credit-restricted felon statute

December 29, 2016
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals ruled that an Elkhart Superior judge’s advisement to a convicted child molester that she is a credit-restricted felon substantially complied with statute.
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COA upholds dismissal of fired DOT employee’s untimely petition for review

December 29, 2016
Jennifer Nelson
A former employee of the Indiana Department of Transportation, who was fired in 2013, untimely filed his petition for judicial review after he was unsuccessful in his administrative appeals and the trial court correctly dismissed his petition, the Indiana Court of Appeals affirmed Thursday.
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Ex-Supreme Court employee suing high court for discrimination, retaliation

December 28, 2016
Olivia Covington
A former Indiana Supreme Court employee is suing the state’s highest court for alleged ongoing disability discrimination and retaliatory actions.
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Reopening case after closing arguments was not an abuse of discretion

December 28, 2016
Olivia Covington
The Marion Superior Court did not abuse its discretion when it allowed the state to reopen its case against a defendant after closing arguments because the defendant had been forewarned that certain evidence could be admitted if he presented a contrary intent defense, the Indiana Court of Appeals held Wednesday.
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COA: Purchase agreement valid, case against company must go to arbitration

December 28, 2016
Olivia Covington
A Kentucky-based houseboat company cannot be forced to refund a deposit to a Henry County couple after the Indiana Court of Appeals found Wednesday that an existing purchase agreement was a valid and binding contract that allowed the company to request arbitration.
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Hogsett pushes ‘bold’ criminal justice reform

December 28, 2016
Dave Stafford
The new jail proposal also emphasizes early intervention, treatment and diversion.
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2016 Year in Review

December 28, 2016
IL Staff
From law school troubles to new court initiatives, take a look back at the top stories in Indiana Lawyer this year.
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Employers, labor lawyers left hanging as judge blocks OT rule

December 28, 2016
Dave Stafford
Companies and the employment lawyers who advise them had, in many cases, worked for months planning to comply with new Department of Labor regulations affecting millions of salaried employees who are exempt from overtime pay. All they know after a judge blocked the rule is that they don’t know what’s next.
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Amid chaos, protective order court aims for calm

December 28, 2016
Marilyn Odendahl
The St. Joseph County venue handles the fallout from broken and abusive relationships.
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Online registry gives quick access to protection orders

December 28, 2016
Marilyn Odendahl
In 2010, the registry was enhanced so that victims can be sent a text or email whenever the respondent has been served or the general order is set to expire. Victim notifications sent from the registry total 196,697.
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Indiana’s judicial nominees headed toward disappointment

December 28, 2016
Marilyn Odendahl
While Indiana’s two nominees to the federal judiciary have a chance to get a confirmation vote before Inauguration Day, the possibility is extremely slim. The pair likely will find a place in the history books rather than on the bench.
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Indiana Supreme Court looks to a tech future in budget request

December 28, 2016
Olivia Covington
As the Indiana Legislature prepares to outline the state’s priorities when crafting the next biennial budget during the 2017 session, the Indiana Supreme Court is requesting a $3 million boost to support the future of court technology, one of the judiciary’s highest priorities.
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Lack of expert testimony leads to judgment in favor of Indiana attorney

December 27, 2016
Olivia Covington
The lack of expert testimony in a yearslong bankruptcy case led to the appropriate grant of summary judgment to an Indiana attorney, the Indiana Court of Appeals found Tuesday.
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COA holds that arbitration exclusion applies to State Farm case

December 27, 2016
Olivia Covington
The Indiana Court of Appeals affirmed summary judgment in favor of State Farm Insurance Tuesday, writing that the appellants in the case could not compel arbitration due to an exception in the arbitration agreement it signed with the insurance company.
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Summary judgment in favor of New Castle prison employees reversed

December 27, 2016
Olivia Covington
An Indiana inmate can continue his case against prison officials he said prohibited him from bringing his case before the U.S. Supreme Court after the Indiana Court of Appeals decided Tuesday that summary judgment in favor of the officials was erroneous.
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COA: Stage collapses not foreseeable as a matter of law

December 27, 2016
Olivia Covington
The company hired to provide security to country duo Sugarland on the night of the deadly stage collapse at the 2011 Indiana State Fair could not have reasonably foreseen the stage collapse as a matter of law and, thus, is entitled to summary judgment, the Indiana Court of Appeals held Tuesday.
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East Chicago residents face opposition to intervene in court

December 27, 2016
 Associated Press
Federal officials say court proceedings aren't the proper place for residents of an East Chicago neighborhood that's contaminated with lead and arsenic to voice their concerns.
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AG releases report, recommendations on human trafficking in Indiana

December 22, 2016
Olivia Covington
In 2016, there were at least 178 known cases of human trafficking in Indiana, with some of the victims as young as only 7 years old.
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Delinquency adjudication upheld for student who planned a school shooting

December 22, 2016
Olivia Covington
A Jackson County teenager who plotted a school shooting with a classmate will retain his delinquency adjudication after the Indiana Court of Appeals found Thursday that the trial court did not abuse its discretion in admitting Facebook conversations detailing the shooting plans.
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Conour seeks reconsideration of wire-fraud sentence

December 22, 2016
Dave Stafford
Convicted fraudster and former attorney William Conour is arguing that a case decided earlier this year entitles him to an appeal of his entire 10-year sentence for defrauding clients of more than $6.5 million.
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Environmental crime most common among organizational offenders

December 22, 2016
IL Staff
Organizations charged with federal criminal offenses most commonly were accused of environmental offenses, the United States Courts announced Thursday, citing a report published by the United States Sentencing Commission.
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  1. Been there 4 months with 1 paycheck what can i do

  2. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  3. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  4. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

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