Oral arguments

DCS insists no right to sue over disclosed identity

November 3, 2016
Dave Stafford
A state attorney argued before the Indiana Supreme Court Thursday that the Department of Child Services cannot be sued by a man who reported suspected child abuse but whose promise of confidentiality was violated when his identity was disclosed to those he reported.
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COA considers jury trial in State Fair stage collapse suit against ESG Security

November 2, 2016
Olivia Covington
Five years after severe weather brought the stage of the Indiana State Fair grandstand to the ground, killing seven people and injuring dozens of others, the final defendant in the ensuing litigation is asking that summary judgment in its favor be upheld.
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Supreme Court takes oral arguments to Ball State

October 17, 2016
IL Staff
The justices of the Indiana Supreme Court will travel to Ball State University next week to hear oral arguments in a case involving a karate injury.
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Justices consider rights of privacy vs. public safety in 4th Amendment case

October 6, 2016
Olivia Covington
At the center of an Indiana Supreme Court oral argument Thursday was the question of when exigent circumstances and an officer’s community caretaker role trump a citizen’s right to protection from unlawful searches and seizures under the Fourth Amendment.
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Justices seem wary of limiting insider trading prosecutions

October 5, 2016
 Associated Press
The U.S. Supreme Court seemed unlikely on Wednesday to place new limits on the ability of prosecutors to crack down on insider trading on Wall Street.
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Justices hear home explosion appeal

October 5, 2016
Olivia Covington
Nearly four years after he orchestrated an Indianapolis home explosion that killed two people, Mark Leonard is arguing that he should not have to spend the rest of his life in prison because his Sixth Amendment rights were violated.
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Indiana Supreme Court hears arguments in home explosion appeal

September 22, 2016
Olivia Covington
Defense counsel for Mark Leonard, the man convicted of killing two people in a 2012 home explosion, argued before the Indiana Supreme Court Thursday that Leonard’s constitutional rights to an attorney were violated when an undercover officer posed as a hitman in prison and questioned Leonard, without his attorney present, about his plan to have a key witness killed.
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Notre Dame police want records secret, ESPN lawyer argues

September 21, 2016
Dave Stafford
Case pits arguments for strict statutory interpretation against a determination based on public policy.
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Judges blister Pence’s position, solicitor general in Syrian refugee case

September 15, 2016
Dave Stafford

Near the conclusion of more than 50 sometimes shouted questions and incredulous interruptions of Indiana Solicitor General Thomas Fisher on Wednesday, exasperated 7th Circuit Court of Appeals Judge Richard Posner said to him, “Honestly. You are so out of it.”

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Lawyers questioned over Indiana's Syrian refugees order

September 14, 2016
 Associated Press
Attorneys defending Indiana Gov. Mike Pence's order to bar state agencies from helping Syrian refugees resettle in his state have been fiercely questioned by a federal appeals court.
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ESPN to argue for Notre Dame records at Supreme Court

September 12, 2016
IL Staff
ESPN will continue its efforts Tuesday to obtain records regarding incidents involving student athletes from the University of Notre Dame Police Department. The Indiana Supreme Court will hold oral arguments Tuesday morning.
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Justices weigh gun store's liability in policeman's shooting

September 7, 2016
Dave Stafford
A gun store’s possible liability for making a straw sale of a handgun that wounded an Indianapolis police officer is a matter of first impression for Indiana and a case watched closely for legal and policy implications nationwide.
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Gun store argues no liability for straw sale linked to officer’s shooting

August 31, 2016
Dave Stafford
Lawyers for a gun store sued for making an illegal straw sale of a firearm that was used to shoot an Indianapolis police officer argued Wednesday that Indiana gun sellers are shielded from civil lawsuits even when they break the law.
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60 teachers to get Supreme Court education

August 26, 2016
IL Staff
Sixty teachers from schools in 35 Indiana counties will take part next week in a court education and history program sponsored by the Indiana Supreme Court and the Indiana Historical Society. Judges and lawyers nominated the educators earlier this year.
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$25M verdict poses tough questions for COA

August 10, 2016
Marilyn Odendahl
Hearing arguments about a case that resulted in what may be among the largest awards for loss of consortium, the Indiana Court of Appeals repeatedly questioned what amount of damages is too much and when a jury’s decision should be overturned.
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7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case

July 27, 2016
Dave Stafford
Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.
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COA hears arguments in $25M wrongful death verdict

July 27, 2016
Marilyn Odendahl
In a wrongful death case argued before the Indiana Court of Appeals Tuesday, the panel considered the questions of when are damages too high and when should an appellate court set aside a jury’s verdict?
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Caseworker vs. DCS

July 27, 2016
Dave Stafford
Despite a caseworker’s lawsuit against the Indiana Department of Child Services, her employer says she’s right: There aren’t enough caseworkers to handle the exploding growth in cases of Indiana children and families in crisis. But that’s where the agreement ends.
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Lake Michigan property line dispute arguments set

July 25, 2016
Dave Stafford
A dispute over whether the public has a right to walk the beach along Lake Michigan or private property extends to the water’s edge will be heard by the Indiana Court of Appeals Sept. 5.
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DCS agrees more caseworkers needed, argues against suit

July 20, 2016
Indiana’s Legislature and governor have failed to provide resources to ensure sufficient case managers to protect children and families, a lawyer representing the Department of Child Services told the Indiana Court of Appeals Wednesday. But she argued a caseworker’s lawsuit against the agency was the wrong way to enforce state law requiring those workers have no more than 17 cases each.
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Supreme Court hears arguments in threat case

June 30, 2016
Scott Roberts
The Indiana Supreme Court heard arguments Thursday morning on whether to grant transfer in a case on the question of whether an arrestee's statement could be considered a true threat because there is no evidence that the officer felt threatened by it.
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Are old convictions still relevant?

June 29, 2016
Dave Stafford
A man who admitted fault and negligence for a Lake County drunken-driving crash is appealing damages of $2 million awarded in the case, claiming the jury was wrongly provided evidence of his prior alcohol-related driving convictions that were 17 and 30 years old.
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Can records of civil forfeitures be expunged?

June 15, 2016
Marilyn Odendahl
The Indiana Supreme Court is considering whether files on property judgments "relate to the person’s felony conviction."
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COA questions evidence in Patel feticide conviction

June 1, 2016
Scott Roberts
The Indiana Court of Appeals recently heard arguments in a case that could impact any pregnant woman whose actions result in the death of her unborn child.
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Justices weigh duty of care for house party hosts

May 4, 2016
Dave Stafford
Indiana Supreme Court Justice Steven David posed a graphic hypothetical to an attorney defending a liability suit against a homeowner who hosted a party where a guest died after a fight. David’s scenario encapsulated the justices’ apparent concern over a trial court’s grant of summary judgment in the homeowner’s favor.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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