State agencies

Judge sentences attorney Page to probation, fine

November 4, 2013
Cory Schouten
Attorney and real estate developer Paul J. Page will serve two years of probation and pay a $10,000 fine for concealing the source of a $362,000 down payment on his purchase of a state-leased office building in Elkhart.
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Judges uphold penalties against man for falsifying unemployment benefit documents

October 29, 2013
Jennifer Nelson
There is sufficient evidence to support the decision that a man must pay back unemployment benefits he used while working and that the man falsified information in order to receive those benefits, the Indiana Court of Appeals held.
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Zoeller moves to strike Ritz’s suit against Board of Education

October 24, 2013
Dave Stafford
Attorney General Greg Zoeller Thursday asked a court to throw out a lawsuit filed by Superintendent of Public Instruction Glenda Ritz against the Indiana Board of Education.
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Court upholds 2-year suspension of teacher’s license

October 24, 2013
Jennifer Nelson
An administrative law judge in the Indiana Department of Education correctly imposed a two-year suspension of a special education teacher’s license, the Indiana Court of Appeals ruled Thursday. The court found no error in the ALJ’s reliance on a California case when considering whether to revoke or suspend a teaching license.
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Trial court's suppression order binding to ethics commission

October 8, 2013
Marilyn Odendahl
After turning to the Indiana State Ethics Commission when a trial court ordered the evidence in a theft case suppressed, the state was reminded it “does not get a second bite at the apple.”   
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Zoeller joins multi-state call for e-cigarette regulation

September 26, 2013
IL Staff
The Food and Drug Administration should restrict the sale and marketing of increasingly popular e-cigarettes, particularly to minors, Indiana Attorney General Greg Zoeller advocates in joining a letter signed by AGs from 36 other states and three U.S. territories.
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Dispatcher fired after firecracker incident loses unemployment appeal

September 12, 2013
An appeals court panel Thursday affirmed denial of unemployment benefits for a Starke County sheriff’s dispatcher who took time off work after a firecracker exploded behind her at work and she was diagnosed with hearing loss, vertigo and tinnitus.
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South Bend mayor: City leads ‘open-data’ effort

September 4, 2013
Dave Stafford
South Bend Mayor Pete Buttigieg said there were plenty of reasons the city decided to embrace an open-data policy, putting as many public records as possible online with a pioneering city website, Open Data South Bend.
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Ethanol plant emissions suit may be bound for Indiana Supreme Court

August 28, 2013
Dave Stafford
Indiana’s ethanol industry faces an uncertain regulatory environment and likely more stringent emissions standards after a recent Indiana Court of Appeals ruling. A state agency will ask the Indiana Supreme Court to hear the case, as several corn-to-fuel plant operators also are expected to do.
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Farm smells ignite debate but no consensus reached

August 28, 2013
Marilyn Odendahl
Before dinner can be prepared and served at the table, the food has to be raised on a farm. However, Old MacDonald’s Farm with its placid scenes of pigs and cows is a shrinking segment of American farming, being replaced with large industrial agricultural operations with hundreds and thousands of animals.
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Moratorium on administrative rules leads to uncertainty

August 28, 2013
Plews Shadley Racher & Braun attorney Amy Romig discusses the impact of a recent executive order which placed a moratorium on new administrative rules by state agencies.
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Teachers union could pay $14M to schools under settlement

August 13, 2013
IBJ Staff, J.K. Wall
The state’s largest teachers union and its national parent organization have agreed to pay $14 million under a tentative settlement announced Tuesday morning by Indiana Secretary of State Connie Lawson and Indiana Securities Commissioner Chris Naylor.
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Ex-IURC leader’s criminal charges dropped

August 12, 2013
Dave Stafford
The former chairman of the Indiana Utility Regulatory Commission won’t face trial on felony charges stemming from an ethics scandal at the agency, a judge ruled Monday.
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BMV announces credits for overcharged motorists

July 12, 2013
Dave Stafford
Indiana motorists who overpaid for driver’s licenses over the past six years will get the money back in the form of a credit on their next transaction at the Bureau of Motor Vehicles, the agency announced Friday.
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Department of Correction to request funding for upgrades at 3 facilities

July 9, 2013
IL Staff
Proposed upgrades to three of the state’s correctional facilities will be among the items considered during Wednesday’s meeting of the Indiana State Budget Committee.
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BMV reduces license costs that generated class-action suit

June 28, 2013
Dave Stafford
Indiana driver’s licenses will be $3.50 less expensive, the Bureau of Motor Vehicles announced Friday in a change taking immediate effect.
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Judge: School corp.’s inattentiveness doesn’t support benefits reversal

June 26, 2013
Jennifer Nelson
The Indiana Court of Appeals was split Wednesday over whether a notice sent regarding a hearing on unemployment benefits required reversing the grant of benefits because the employer found the notice confusing.
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Low enrollment numbers in the Healthy Indiana Plan are questioned

June 25, 2013
Marilyn Odendahl
As Indiana seeks federal approval to continue its Healthy Indiana Plan, a health insurance program for income-eligible uninsured Hoosiers, some state legislators are concerned enrollment in the program is not higher.
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Weinberger cases settle for $55M

June 24, 2013
Dave Stafford
Hundreds of patients of a former Merrillville ear, nose and throat doctor serving a seven-year federal sentence for health-care fraud will be compensated for their medical malpractice claims through a $55 million settlement.
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Lawsuit seeks impartial decision-maker in license plate dispute

June 19, 2013
Jennifer Nelson
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of the Indiana Youth Group challenging the authority of the state’s Bureau of Motor Vehicles to issue an order of remand on its administrative law judge’s order to restore the LGBT youth group’s specialty license plate.
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ACLU of Indiana files class-action lawsuit against FSSA for changes to Medicaid waiver programs

June 17, 2013
Marilyn Odendahl
The ACLU of Indiana has slapped the Indiana Family and Social Services Administration with a class-action lawsuit over the way the state agency operates two of its Medicaid waiver programs.
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Convenience store association says cold beer ban discriminatory

June 5, 2013
Marilyn Odendahl
Along with the usual reasons including giving consumers more options, providing price competition and sparking new investment in the state, Indiana convenience store owners have added a new argument to their push to sell cold beer – it’s their constitutional right.
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DLGF ordered to decide whether loan determination is unconstitutional

May 28, 2013
Jennifer Nelson
The Indiana Tax Court Friday sent a case back to the Department of Local Government Finance for it to take another look at its approval of a $400,000 loan for a fire truck to be paid entirely by residents of a Morgan County township. Some residents argued that because the truck would be used by other townships, it’s unconstitutional to order them to be solely responsible for the loan.
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Prior knowledge of criminal history allows FSSA to disqualify employment

May 24, 2013
Jennifer Nelson
The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.
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Judge grants class certification in BMV lawsuit

May 8, 2013
IL Staff
A Marion Superior Judge ruled last week that a lawsuit brought against the Indiana Bureau of Motor Vehicles for allegedly overcharging drivers may proceed as a class-action lawsuit.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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