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. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  2. Tina has left the building.

  3. Is JLAP and its bevy of social "scientists" the cure to every ailment of the modern practitioner? I see no allegations as to substance abuse, but I sure see a judge who has seemingly let power go to her head and who lacks any appreciation for the rule of law. Seems that she needs help in her legal philosophy and judicial restraint, not some group encounter session to affirm she is OK, we are OK. Can’t we lawyers just engage in peer professionalism and even peer pressure anymore? Need we social workers to tell us it is wrong to violate due process? And if we conduct ourselves with the basic respect for the law shown by most social workers .... it that good enough in Indiana? If not, then how is JLAP to help this 2003 law school grad get what her law school evidently failed to teach her? (In addition .... rhetorical question … I have a theory that the LAP model serves as a conduit for governmental grace when the same strict application of the law visited upon the poor and the powerless just will not do. See in the records of this paper ... can the argument be made that many who save their licenses, reputations, salaries by calling upon that font of grace are receiving special treatment? Who tracks the application of said grace to assure that EP and DP standards are fully realized? Does the higher one climbs inside the Beltway bring greater showers of grace? Should such grace be the providence of the government, or the churches and NGO's? Why, we would not want to be found mixing the remnants of our abandoned faith with the highest loyalty to the secularist state, now would we?)

  4. Is JLAP and its bevy of social "scientists" the cure to every ailment of the modern practitioner? I see no allegations as to substance abuse, but I sure see a judge who has seemingly let power go to her head and who lacks any appreciation for the rule of law. Seems that she needs help in her legal philosophy and judicial restraint, not some group encounter session to affirm she is OK, we are OK. Cannot we lawyers not engage in peer professionalism and even pressure anymore? Need we social workers to tell us it is wrong to violate due process? And if we conduct ourselves with the basis respect for the law shown by most social workers .... it that good enough in Indiana?

  5. Judge Baker nails it: "Russell was in a place he did not have a right to be, to take an action he did not have a right to take. Russell neglected to leave that property even after engaging in a heated argument with and being struck with a broom handle by the property owner." AS is noted below ... sad to think that the next shoe to drop will be the thief suing the car owner. That is justice?

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