State agencies

Judge lets second suit alleging BMV overcharges proceed

February 21, 2014
Dave Stafford
Indiana Bureau of Motor Vehicles must answer a second complaint alleging the agency overcharged Hoosiers millions of dollars on almost 30 types of licenses or registrations, a judge ruled Wednesday.
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Pence selects attorneys to fill IURC slots

February 21, 2014
IL Staff
Two attorneys with experience serving the Indiana Utility Regulatory Commission have been appointed to the commission by Gov. Mike Pence.
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Justices: Man with Alzheimer’s must be committed per statute

February 19, 2014
Jennifer Nelson
Noting the trial court had the best of intentions when it did not order a man with Alzheimer’s disease committed, the Indiana Supreme Court pointed out the trial court had to order his commitment under Indiana Code 35-36-3-1(b) after he was found not competent to stand trial.
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Judges reject man’s Department of Toxicology claims

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
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COA finds dismissal of judicial review petition not warranted

February 14, 2014
Jennifer Nelson
Noting that the Indiana Supreme Court has been divided on this issue – but will take it up soon – the Indiana Court of Appeals has held that it could review the dismissal of a petition for judicial review even though the company filing the petition did not file a complete, certified agency record.
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Appeals court: IBM materially breached contract with state

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed a Marion County judge’s finding that IBM did not materially breach the contract it had with the state to modernize its welfare system. As a result, the appeals court ordered a determination of damages to the state.
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Reprimand issued for ALJ in IURC-Duke scandal

February 6, 2014
Dave Stafford
A former administrative law judge with the Indiana Utility Regulatory Commission has been reprimanded by the Indiana Supreme Court, which ruled this week that a harsher sanction was unwarranted because he’d already been punished enough for seeking a job with Duke Energy while making rulings concerning the utility.
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Disability, religious-freedom claims clash at Indiana Supreme Court

February 3, 2014
Dave Stafford
An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.
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Preserving the past

January 15, 2014
Marilyn Odendahl
County clerks, archivists and court administration work to keep historical records accessible.
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Rockport plant opponents appeal quick permit extension

January 14, 2014
Dave Stafford
Environmental groups opposed to a controversial coal gasification plant proposed for southwest Indiana have asked for state administrative review of a permit that was extended without a hearing on the day it was set to expire.
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Charlie White stays free pending appeal

January 14, 2014
Dave Stafford
Convicted former Secretary of State Charlie White’s sentence of one year of home detention will not be executed pending his post-conviction relief appeal, a judge ruled last week.
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College cook not erroneously denied unemployment benefits

January 9, 2014
Jennifer Nelson
A cook at St. Joseph’s College in Rensselaer couldn’t convince the Indiana Court of Appeals that he was entitled to unemployment benefits for the summer of 2012.
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Suit spawns liquor-distribution showdown

January 3, 2014
Scott Olson
Indiana’s largest beer distributor is mounting the latest legal challenge to the state’s arcane, Prohibition-era liquor laws.
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Can parents sue DCS? Yes, divided justices rule

January 1, 2014
Dave Stafford
A sharply divided Indiana Supreme Court decision that a family may sue the state’s child protection agency for negligence is sure to resonate within the Department of Child Services, attorneys familiar with the case said.
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Judge rejects Charlie White’s claim of ineffective counsel

December 26, 2013
Marilyn Odendahl
Former Secretary of State Charlie White has been ordered to begin serving his sentence for violating Indiana’s election law after his petition for post-conviction relief was denied.
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Indianapolis attorney tapped to lead BMV

December 18, 2013
IL Staff
Ice Miller LLP attorney Donald M. Snemis has been named as the commissioner of the Indiana Bureau of Motor Vehicles. He will begin his tenure Jan. 6.
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Independent analysis finds DOC’s population will grow under new criminal code

December 11, 2013
Marilyn Odendahl
A report released Dec. 10 predicts that Indiana’s new criminal code will increase the number of individuals incarcerated in state prisons to the point where a new facility may have to be built.
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State, IBM contest $62 million award for canceled welfare contract

December 4, 2013
Dave Stafford
Indiana Court of Appeals judges spent the better part of a 90-minute oral argument Nov. 25 focused on whether a trial judge’s order applied the proper legal standards in awarding $62 million to IBM after the state canceled its $1.3 billion contract to overhaul Indiana’s welfare administration.
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Schools get $14 million settlement in ISTA, NEA securities suit

December 3, 2013
IL Staff
Four-year-old litigation over $27 million lost by at least 27 Indiana public school systems that invested in a troubled teachers union-sponsored health insurance plan has concluded with a settlement in which schools will receive about $14 million.
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Order for IBM to pay subcontractor in state suits affirmed

November 26, 2013
Dave Stafford
An appeals court Tuesday affirmed trial court orders that IBM pay a subcontractor for costs it incurred related to lawsuits over the failed $1.3 billion Family and Social Services Administration modernization contract.
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IBM seeks greater judgment; state claims $62 million award erroneous

November 25, 2013
Dave Stafford
A $62 million judgment against the state for canceling a contract with IBM to overhaul Indiana’s social services administration is clearly erroneous, an attorney for the state argued Monday, while an IBM lawyer argued the company was entitled to even greater damages.
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Local law firm reaps $6.3M in fees from BMV class-action suit

November 20, 2013
Scott Olson, IBJ Staff
A local law firm will receive $6.3 million as part of a class-action lawsuit that accused the Indiana Bureau of Motor Vehicles of overcharging for driver’s licenses.
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Judge denies Brizzi’s bid for gag order in malpractice suit

November 6, 2013
Dave Stafford
A judge Tuesday denied former Marion County Prosecutor Carl Brizzi’s request for a gag order in the legal malpractice claim filed against him by defrocked Indiana Secretary of State Charlie White.
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Is a death certificate public information?

November 6, 2013
Marilyn Odendahl
Differing interpretations of statutory language puts the state of Indiana and the Court of Appeals at odds.
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Martinsville native named commissioner of state’s department of labor

November 4, 2013
IL Staff
A former general counsel in the Indiana Department of Labor has been appointed by Gov. Mike Pence to lead the agency.
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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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