Legal News

Vendor, Department of Revenue win partial victories on sales tax case

June 24, 2016
Scott Roberts
The Indiana Department of Revenue and a company that sold food through vending machines and its cafeteria both were victorious in Indiana Tax Court Thursday on the issue of whether all of the company’s vending machine sales and cafeteria sales are subject to sales tax and negligence penalties.
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7th Circuit reversal: Conour fraud victims, not creditor, take priority

June 23, 2016
Dave Stafford
Fraud victims of disgraced former lawyer William Conour have the upper hand over his former law firm creditor who was awarded a judgment of almost $775,000, the 7th Circuit Court of Appeals ruled Thursday, reversing the District Court and signaling too much may have been awarded.
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Jury finds Led Zeppelin did not steal riff for 'Stairway'

June 23, 2016
 Associated Press
Led Zeppelin did not steal a riff from an obscure 1960s instrumental tune to use for the introduction of its classic rock anthem "Stairway to Heaven," a federal court jury decided Thursday.
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COA: Seller not liable for undisclosed septic system

June 23, 2016
Scott Roberts
The Indiana Court of Appeals affirmed judgment against a man who claimed fraud because he was not told the property he bought was connected to a septic system.
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Murder defendant’s trial attorney ineffective, COA rules

June 23, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded the denial of a man’s post-conviction relief petition, finding his trial counsel was ineffective and his petition was not barred by laches.
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High court limits drunken-driving test laws

June 23, 2016
 Associated Press
The U.S. Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests.
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High court limits use of repeat offender law

June 23, 2016
 Associated Press
The U.S. Supreme Court is making it tougher for federal prosecutors to seek longer prison terms for people convicted of repeated violent crimes.
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Texas affirmative action plan survives Supreme Court review

June 23, 2016
 Associated Press
In a major victory for affirmative action, a divided U.S. Supreme Court on Thursday upheld the University of Texas admissions program that takes account of race.
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7th Circuit: Women’s services ad can be posted in buses

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a women’s health organization can advertise on city buses because its ad does not violate any of the transit company’s ad policies, overturning a Northern District of Indiana decision.
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7th Circuit: Omission of fibromyalgia diagnosis reversible error

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled that an administrative law judge’s omission of fibromyalgia from a woman’s list of impairments was not supported by the evidence and reversed denial of her application for supplemental security income.
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Justices rule jury instruction not fundamental error

June 22, 2016
Scott Roberts
The Indiana Supreme Court found a jury instruction that jurors “shall presume” that a man’s alcohol concentration equivalent was above the legal limit if his chemical test, taken hours later, was at 0.08 or higher was not fundamental error. As such, it affirmed his conviction.
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Jury gets peek at making of Led Zeppelin's epic 'Stairway'

June 22, 2016
 Associated Press
Rock 'n' roll history played out Tuesday in a Los Angeles courtroom as vintage recordings of Led Zeppelin working on the song that became the epic "Stairway to Heaven" were played and the songwriters discussed its craft.
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Study: Indiana judiciary doesn’t reflect state’s diversity

June 22, 2016
Scott Roberts
Indiana is one of 26 states to receive a failing grade on the diversity of its judiciary in a new study released Wednesday by the American Constitution Society for Law and Policy.
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Court rules in favor of Carmel in Home Place annexation case

June 22, 2016
Lindsey Erdody, IBJ Staff
A judge has ruled that Carmel’s attempted annexation of a small area in Clay Township known as Home Place should be allowed to move forward.
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Appeals court reverses adoption petition

June 22, 2016
Scott Roberts
The Indiana Court of Appeals reversed an adoption petition after it found the adoptive mother did not participate in a sufficient background check and the court should have combined the adoption proceedings with a paternity hearing that was also occurring at the same time.
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COA: Unreturned warrant doesn’t justify trial delay

June 22, 2016
Scott Roberts
A man’s criminal charges will be dismissed after Indiana Court of Appeals found the fact that a warrant for his arrest was not returned to trial court didn’t mean the court was absolved of its responsibility to grant him the speedy trial he asked for.
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Suit accusing Starbucks of under-filling lattes can proceed

June 21, 2016
 Associated Press
A federal judge is allowing the bulk of a lawsuit accusing Starbucks of systematically under-filling lattes to move forward.
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Abortion, race, immigration among last Supreme Court cases

June 21, 2016
 Associated Press
It happens every June. The Supreme Court of the United States nears the finish line with the most contentious cases still to be resolved.
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Attorney wins $9.5M for family of man who died in rehab hospital

June 21, 2016
Scott Roberts
An Indiana attorney has won what he claims is a record amount from a wrongful death lawsuit as a Lake County jury Friday awarded the family of a man who died in a rehabilitation hospital $9.5 million.
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COA: ADA does not apply in termination proceedings

June 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled the Americans with Disabilities Act does not apply in termination of parental rights proceedings in a case where a deaf father with cognitive and mental health problems appealed the termination of his parental rights to his son.
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Device lawsuits plague Cook Medical

June 21, 2016
John Russell, IBJ Staff
The lawsuits against Cook Medical began four years ago with a trickle but have since turned into a gusher, now surpassing 500.
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Zionsville decides not to appeal decision in Wal-Mart case

June 21, 2016
Lindsey Erdody, IBJ Staff
Zionsville doesn't plan to appeal a recent court decision requiring the town to approve Wal-Mart Store Inc.'s 10-year-old proposal for a store along Michigan Road.
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Led Zeppelin lawyers ask judge to toss 'Stairway' case

June 21, 2016
 Associated Press
Led Zeppelin's lawyers asked a judge to throw out a case accusing the band's songwriters of ripping off a riff for "Stairway to Heaven."
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SCOTUS rules for police in search case

June 20, 2016
 Associated Press
A divided U.S. Supreme Court bolstered police powers on Monday, ruling that evidence of a crime in some cases may be used against a defendant even if the police did something wrong or illegal in obtaining it.
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SCOTUS rejects appeal from Illinois smokers

June 20, 2016
 Associated Press
The U.S. Supreme Court on Monday rejected an appeal from Illinois smokers who sought reinstatement of a $10.1 billion class-action judgment in a long-running lawsuit against Philip Morris.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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