Legal News

Vaping industry sues state over new regulations

January 4, 2016
Scott Olson, IBJ Staff
The advocacy group that represents Indiana’s vaping and electronic cigarette industry is suing the state, claiming new safety regulations are unconstitutional.
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New York raises stakes in daily fantasy sports sites battle

January 4, 2016
 Bloomberg News, IL Staff
The new year brings no sign of letup in the battle between New York Attorney General Eric Schneiderman and daily fantasy sites DraftKings Inc. and FanDuel Inc.
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Family keeping up fight against Indiana malpractice cap

January 4, 2016
 Associated Press
An Evansville couple is keeping up a decadelong legal fight over their claims of medical malpractice in their daughter's birth that left her a quadriplegic and unable to speak.
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COA affirms foreclosure of Crown Point property

December 31, 2015
Jennifer Nelson
A trial court was correct in granting a bank’s request to foreclose on a Crown Point, Indiana, business park, the Court of Appeals held Thursday.
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COA finds fired highway worker was at-will employee

December 31, 2015
Marilyn Odendahl
Echoing precedent, the Indiana Court of Appeals has found that an employee handbook is not an employment contract.
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Amendment to new criminal code foils attempt for sentence modification

December 31, 2015
Marilyn Odendahl
A Vanderburgh County man hoping to benefit from Indiana’s overhaul of its criminal codes was instead reminded to read state statutes very carefully.
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Council resolution did not waive requirements for tax deduction

December 31, 2015
The Indiana Board of Tax Review’s final determination that the city of Bluffton’s Common Council waived a company’s compliance with certain statutory requirements for its 2013 personal property tax abatement deduction is contrary to law, Indiana Tax Judge Martha Wentworth ruled Thursday.
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Southern District rule amendments effective Jan. 1

December 31, 2015
IL Staff
Changes to local rules of the U.S. District Court for the Southern District of Indiana take effect Friday and include changes to filing and maintaining documents under seal.
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COA affirms weapon charge after suspicious person call

December 31, 2015
Dave Stafford
A man convicted of Level 5 felony carrying a handgun without a license failed to convince the Indiana Court of Appeals his Fourth Amendment rights were violated when the weapon was seized from him as he walked down a country road.
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Injured moped driver entitled to new trial

December 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a jury ruling in favor of a motorcyclist who collided with a moped driver trying to seek shelter before a rainstorm and ordered a new trial.
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Trucker’s widow entitled to prejudgment interest, COA decides

December 31, 2015
Dave Stafford
The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.
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COA affirms judgment for law firm on malpractice claim

December 31, 2015
Dave Stafford
A law firm was properly granted summary judgment on a malpractice counter-complaint a bankruptcy client filed after the firm sued for nonpayment of legal fees.
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COA re-enters molestation conviction, rejects evidence challenge

December 31, 2015
Dave Stafford
A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.
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Majority: Expungement applies to civil forfeiture action

December 31, 2015
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals was divided Thursday over whether a man’s civil forfeiture action that stemmed from a drug bust should have been expunged in addition to his criminal record in the matter.
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COA: Doctor had duty to nurse practitioner’s patient who died

December 31, 2015
Jennifer Nelson
An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.
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Judge temporarily blocks law barring workers from office

December 31, 2015
 Associated Press
A Lake County judge has temporarily blocked a state law that bars five municipal employees from holding elected office in the same city or town.
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Notre Dame to add tax clinic to curriculum

December 31, 2015
Marilyn Odendahl
Notre Dame Law School is preparing to launch a tax clinic to assist low-income and immigrant families in northern Indiana.
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Facebook’s suit against Ceglia lawyers thrown out on appeal

December 30, 2015
 Bloomberg News
Facebook Inc.’s malicious-prosecution lawsuit against lawyers and firms that represented Paul Ceglia in his claim to own half the social media giant was thrown out on appeal.
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County scores partial victory on mall assessments

December 30, 2015
Jennifer Nelson
The Marion County assessor, who argued the values assigned to Washington Square mall for 2006-2010 were too low, will see an uptick in the assessed value of the mall in three of those years following a ruling from the Indiana Tax Court.
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Judge grants extensions Pence sought in Syrian refugee case

December 30, 2015
Dave Stafford
A federal judge has granted extensions the administration of Gov. Mike Pence sought as it continues to oppose a charity’s resettlement of Syrian refugees in Indiana. The ACLU of Indiana, meanwhile, calls discovery demands the state has directed at the nonprofit agency “breathtaking.”
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Man did not provide enough evidence to support lower home valuations

December 30, 2015
Jennifer Nelson
A homeowner seeking to reduce the valuation of his residential properties did not provide enough evidence to the Indiana Board of Tax Review to support his argument, the Indiana Tax Court ruled Wednesday in two separate appeals.
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Court sua sponte reverses 5 convictions

December 30, 2015
Jennifer Nelson
Although a man convicted in a brutal attack on his grandmother lost his arguments on appeal, the Indiana Court of Appeals sua sponte reversed five of his six convictions stemming from the attack for double jeopardy reasons.
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COA: Termination hearing did not comply with Open Door Law

December 30, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a southern Indiana school board after finding its holding of a public meeting at 2:30 a.m. regarding the employment of a teacher violated the Open Door Law.
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Retiring federal Judge Robert Miller Jr. praised for legal analysis and temperament

December 30, 2015
Marilyn Odendahl
With the exception of the year Judge Robert Miller Jr. spent clerking for the late U.S. District Judge Robert Grant, he has spent his entire working life wielding a gavel. He served for 11 years in St. Joseph Superior Court before his appointment to the federal bench.
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House party hosts face heightened liability after recent COA ruling

December 30, 2015
Dave Stafford
Just in time for holiday revelry and New Year’s Eve celebrations, an Indiana appeals court ruled hosts of house parties may be held liable for the well-being of guests who drink too much.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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