U.S. District Court for the Northern District of Indiana

Insurer who paid wrong party doesn’t have to pay correct one

May 17, 2016
Scott Roberts

The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.

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St. Joe Circuit judge named as new federal magistrate

April 27, 2016
IL Staff
St. Joseph Circuit Judge Michael G. Gotsch is moving from one court to another this year. The judge, who decided not to run for re-election, has been selected to serve as a magistrate judge in the U.S. District Court for the Northern District of Indiana.
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Ruling: Simon must face anti-trust suit from competitor

March 21, 2016
Dave Stafford
Indianapolis-based Simon Property Group must face an anti-trust lawsuit from a competitor that developed a northern Indiana shopping center near a Simon mall, a federal judge has ruled.
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Northern District case filings plummet, federal courts report shows

March 15, 2016
Dave Stafford
Case filings in the U.S. District Court for the Northern District of Indiana fell 43.9 percent between 2014 and 2015, according to statistics released Tuesday in the 2015 Judicial Business of the United States Courts report.
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2 more join federal suit challenging live Nativity scene

February 9, 2016
 Associated Press
Two more parents have joined a federal lawsuit challenging a northern Indiana school district using a live Nativity scene as part of its annual Christmas show.
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Donnelly hopeful Indiana’s federal court vacancies will be filled soon

December 30, 2015
Marilyn Odendahl
With U.S. District Judge Robert Miller Jr. preparing to take senior status in January, Indiana will have three judicial vacancies to fill on the federal bench.
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Retiring federal Judge Robert Miller Jr. praised for legal analysis and temperament

December 30, 2015
Marilyn Odendahl
With the exception of the year Judge Robert Miller Jr. spent clerking for the late U.S. District Judge Robert Grant, he has spent his entire working life wielding a gavel. He served for 11 years in St. Joseph Superior Court before his appointment to the federal bench.
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2 recent cases in federal court showcase trademark treachery

December 16, 2015
Dave Stafford
A steel giant’s trade name was used to misrepresent business deals with the intent to procure millions of dollars worth of machinery and financing, and an Amish-country spice maker alleges a local rival is ripping off its registered trademark. These two recent cases in the U.S. District Court for the Northern District of Indiana illustrate the difficulties in policing registered marks on intellectual property, but the cases also show the means of recovery at rights holders’ disposal when their IP marks are violated.
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Attorney questions if schools complied with Nativity ruling

December 15, 2015
 Associated Press
An attorney who filed a lawsuit that led to a federal judge banning a northern Indiana school district from including a live Nativity scene in its annual Christmas show says he believes the district's use of mannequins instead of student actors had many of the same constitutional flaws.
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Banned live Nativity goes on with mannequins

December 14, 2015
 Associated Press
School officials say a federal judge's injunction only applied to a live scene and that they complied with the order.
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City workers lose challenge to law, must quit to take office

December 4, 2015
Dave Stafford
Five Lake County civil servants lost their lawsuit challenging a state law that forbids them from serving in elected office in the same city that employs them.
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District will comply with court order on Christmas show

December 4, 2015
 Associated Press
A northern Indiana school district banned by a federal judge from including a live Nativity scene as part of its annual Christmas show says the show will go on without it.
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Judge grants preliminary injunction banning Nativity scene

December 2, 2015
 Associated Press
A federal judge has granted a preliminary injunction banning a northern Indiana school district from including a live Nativity scene as part of its annual Christmas show.
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Judge: Nativity lawsuit plaintiffs can remain anonymous

December 1, 2015
 Associated Press
A federal judge has ruled that a high school student and a parent can remain anonymous as they sue over a live Nativity scene that’s part of a northern Indiana school district’s annual Christmas show.
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Judge issues $50M judgment against Elkhart environmental nuisance

November 25, 2015
Dave Stafford
Residents who live near a waste dump and wood-waste processing facility in Elkhart won a default judgment of more than $50 million against the former owners. The sum appears largely a symbolic figure, however.
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Teacher, diocese file motions to dismiss discrimination suit

November 11, 2015
 Associated Press
Both the Roman Catholic Diocese of Fort Wayne-South Bend and a former teacher who was fired after undergoing in vitro fertilization treatments have filed motions to dismiss a lawsuit.
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New judge assigned to 2nd trial of former Lake Station mayor

October 9, 2015
 Associated Press
A judge accused of falling asleep during the trial of the former Lake Station mayor and his wife has recused himself from a second trial involving them.
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Northern Indiana school district sued over Nativity scene

October 8, 2015
 Associated Press
A high school student and a parent are challenging the constitutionality of a live Nativity scene that's been included in a northern Indiana school district's annual Christmas show for decades.
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Federal jury rules against DCS, awards family $31.3 million

October 7, 2015
Dave Stafford
The family of a 14-year-old Pulaski County girl who died as a result of prescription error has been awarded $31.3 million in a judgment against state agents who wrongly removed the couple’s children from their home and prosecuted the parents for their daughter’s death.
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Ex-Lake Station mayor wants delay in 2nd criminal trial

September 29, 2015
 Associated Press
The former mayor of Lake Station and his wife have asked for a delay in their second criminal trial and for a federal judge to recuse himself.
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Gary airport tenant sues airport authority, private operator

September 28, 2015
 Associated Press
A tenant at the Gary/Chicago International Airport is suing the airport authority and its private operator, alleging that they "unilaterally" quadrupled its rent.
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Firefighter allegedly targeted with noose sues ex-official

July 2, 2015
 Associated Press
A black Marion firefighter whose wife belongs to the family of a lynching victim has filed a federal lawsuit against an assistant fire chief who allegedly tied a rope into a noose.
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Indiana federal wiretaps plunge in 2014

July 1, 2015
Dave Stafford
Wiretaps authorized by federal judges in Indiana fell by 70 percent in 2014, according to court statistics released Wednesday.
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Judge slams city with default sanction in wrongful arrest case

June 17, 2015
Dave Stafford
A federal judge threw the gavel at the city of Gary for ignoring court orders to respond to discovery in a social worker’s wrongful arrest suit against the city, Gary Community School Corp, and two Gary police officers who worked for the schools.
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Certified question regarding Patient’s Compensation Fund dismissed

May 21, 2015
IL Staff
The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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