Rehearing

Rehearings - 8/17/12

August 15, 2012
Dave Stafford
Updates on Indiana's immigration law and the former Merrillville doctor facing hundreds of malpractice suits and other charges.
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Gene patent case back at Circuit court

April 11, 2012
IL Staff
Myriad Genetics, Inc. reported on March 26 that the United States Supreme Court remanded The Association for Molecular Pathology, et al., v. Myriad Genetics, Inc., et al., No. 11-725, to the Federal Circuit Court of Appeals. The Federal Circuit will now reconsider its July 29, 2011, decision, which upheld Myriad’s patents on two breast cancer genes – known collectively as BRCA 1/2
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Justices asked to take feticide case

March 28, 2012
Jenny Montgomery
On March 14, the one-year anniversary of Bei Bei Shuai’s imprisonment on attempted feticide and murder charges, attorney Linda Pence notified media that Pence Hensel and attorneys from the National Advocates for Pregnant Women filed a petition on March 9 for the Indiana Supreme Court to grant transfer in the case.
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Judge dismisses final MDL case

January 18, 2012
Michael Hoskins
The final lawsuit in a multi-district litigation case involving Employee Retirement Income Security Act (ERISA) claims against Indiana-based Zimmer Holdings has been resolved, with U.S. Judge Sarah Evans Barker in the Southern District of Indiana dismissing with prejudice the suit against the company on Dec. 23.
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Debate over local gun laws continues

November 9, 2011
Jenny Montgomery
On Oct. 24, the Hammond City Council again declined to repeal ordinances introduced by Councilwoman Kim Poland that would modify local gun laws in order to align with new state laws.
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OSHA postpones enforcement

November 9, 2011
Jenny Montgomery
The Occupational Safety and Health Administration previously announced it would begin enforcing fall protection plans for residential contractors as of Oct. 1 this year. However, on Sept. 29, Jeffry Carter, deputy commissioner of labor for Indiana OSHA, issued a memo that said federal OSHA administrators decided to push back enforcement to March 15, 2012.
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City council discusses gun laws

October 12, 2011
IL Staff
On Oct. 24, the Hammond City Council will discuss ordinances introduced by Councilwoman Kim Poland that would repeal local gun laws in order to align with the new state laws.
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Settlement resolves casino money cases

September 28, 2011
Michael Hoskins
The six-year casino revenue litigation that sparked multiple lawsuits statewide, went to Indiana’s appellate courts multiple times, and led to legislative initiatives is coming to a close.
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Court OKs access to Odyssey data

September 28, 2011
Michael Hoskins
In an order released Sept. 14, the Indiana Supreme Court detailed the process for obtaining bulk distribution of and remote access to the records of Indiana courts using the Odyssey case management system, which is gradually connecting all of Indiana’s trial courts.
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President signs patent reform law

September 28, 2011
Michael Hoskins
A long-debated patent reform law is now in place, signaling the most significant change to the system in nearly six decades.
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Index shows poor voter engagement

September 28, 2011
Jenny Montgomery
On Sept. 14, results of the inaugural Civic Health Index were released to the public. The data shows that while Indiana is on-par with national standards in volunteerism, the state’s voter turnout and registration are among the lowest in the country.
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Justices consider state back-pay suit

September 14, 2011
Michael Hoskins
Almost a year after the Indiana Court of Appeals significantly slashed a $42.4 million damages award against the state, the Indiana Supreme Court heard arguments Sept. 8 on whether past and present employees can recover back pay and how much should be awarded.
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Rehearing: Traffic judge denies misconduct

August 31, 2011
Michael Hoskins
Hammond City Judge Jeffrey A. Harkin denies that he did anything wrong in operating what may be a long-established but illegal traffic school deferral program and dismissing cases without assessing required fees. He also contends that he did not try to dissuade one litigant from contesting a seatbelt violation in court.
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Casino winnings pay child support

August 17, 2011
Michael Hoskins
Indiana’s casinos have blocked payouts to hundreds of state gamblers who are behind on their child support payments during the past year.
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Court rules on genetic patents

August 17, 2011
Jenny Montgomery
The U.S. Court of Appeals for the Federal Circuit issued a ruling July 29 in a case that raised fundamental questions about the patentability of human genes.
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SCOTUS asked to hear stun-belt case

July 20, 2011
Michael Hoskins
When the Supreme Court of the United States returns for its new term beginning in October, Indiana will likely learn whether the high court will hear a case relating to a stun-belt restraint used here during a convicted murder’s trial.
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Wrongful conviction arguments heard

July 20, 2011
Michael Hoskins
The Indiana Court of Appeals heard arguments July 13 in the post-conviction relief case of a woman convicted of intentionally setting a fire that killed her young son, leading to what she says was a wrongful conviction and imprisonment 15 years ago.
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Video game maker wins IP suit

July 6, 2011
Michael Hoskins
U.S. District Judge Jane Magnus-Stinson shot down a lawsuit brought by heirs of bank robber John Dillinger that challenges how his name is used in video games based on the movie “The Godfather.”
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Justices asked to rehear Barnes

June 22, 2011
Michael Hoskins
The Indiana Supreme Court is being asked to revisit a ruling on a person’s right to resist illegal law enforcement entry into one’s home, and 71 state legislators have signed an amicus curiae brief asking the justices to narrow their decision.
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Students receive diverted sentences following protest in governor's office

June 22, 2011
On June 14, five undocumented immigrant students received diverted sentences for criminal trespass charges stemming from an incident in May.
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Closing Indiana's largest MDL line

June 8, 2011
Michael Hoskins
The final case in the Bridgestone/Firestone multi-district litigation has come to a close in the Southern District of Indiana, putting an end to a line of litigation that began more than a decade ago.
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Clark judges sue over budget cuts

June 8, 2011
Michael Hoskins
Clark Circuit and Superior judges have filed lawsuits against county officials over proposed budget cuts, restarting the kind of litigation that four years ago led to the Indiana Supreme Court’s urging that trial judges work with and share in the financial decision-making process rather than resorting to judicial mandates.
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Hearing set for UPL case

June 8, 2011
Michael Hoskins
The Indiana Supreme Court won’t reconsider its 2010 decision ordering United Financial Systems Corp. to refund money for estate planning services it sold, constituting an unauthorized practice of law.
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Groups file suits against new law

June 8, 2011
Jenny Montgomery
The National Immigration Law Center, American Civil Liberties Union of Indiana, and the national ACLU Foundation Immigrants’ Rights Project filed a class action lawsuit May 25 challenging the wording of a new Indiana law designed to curb illegal immigration.
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Judge rejects plea for former physician

May 11, 2011
Michael Hoskins
U.S. Judge Philip Simon in the Northern District of Indiana rejected a plea agreement on April 27 for former physician Mark Weinberger, who faces at least 22 criminal counts of billing insurers and patients for procedures he didn’t perform.
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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