attorney fees

7th Circuit reversal: Conour fraud victims, not creditor, take priority

June 23, 2016
Dave Stafford
Fraud victims of disgraced former lawyer William Conour have the upper hand over his former law firm creditor who was awarded a judgment of almost $775,000, the 7th Circuit Court of Appeals ruled Thursday, reversing the District Court and signaling too much may have been awarded.
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7th Circuit cuts attorney fees in Indy skyline photo case

June 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals found the district court did not calculate attorney fees correctly in a dismissed copyright lawsuit and remanded the case so the correct amount could be awarded.
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COA: Mother justified in deciding not to work as doctor

May 31, 2016
Jennifer Nelson
In a child support case in which a man challenged the decision by his son’s mother to quit her job as a doctor to stay at home with her children, the Indiana Court of Appeals found she had just cause to do so based on the sons’ special needs.
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COA: Attorney who litigated his case pro se not entitled to attorney fees

April 26, 2016
Scott Roberts
A lawyer who represented himself in his case against two Marion County governmental entities and won is not entitled to attorney fees or compensation of any kind for missed business, the Indiana Court of Appeals ruled.
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7th Circuit: Woman who lost case still entitled to attorney fees

April 26, 2016
Scott Roberts
A plaintiff who lost a breach of contract and negligence suit is entitled to attorney fees in the case after the 7th Circuit Court of Appeals upheld a ruling that said the company she sued engaged in “obstreperous discovery behavior.”
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Sued company should get attorney fees, COA rules

April 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled a company that dropped a lawsuit against another for breach of warranty must still pay attorney fees of the company they sued.
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State pays ACLU over $1.4M under Pence

April 20, 2016
Dave Stafford
Under the administration of Gov. Mike Pence, legal fees paid to the American Civil Liberties Union of Indiana have soared beyond $1.4 million and may approach $2 million, according to an Indiana Lawyer analysis.
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Conour victims ask 7th Circuit for fees awarded to creditor

April 14, 2016
Dave Stafford
Judges on the 7th Circuit Court of Appeals appeared sympathetic to victims of former attorney William Conour during oral arguments Wednesday over legal fees that a District Court judge ordered paid to a Conour creditor rather than to defrauded clients who were shut out of the case.
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Cost to shield Indiana lawmakers over emails hits $160,000

April 5, 2016
 Associated Press
The legal fight to shield Indiana lawmakers from having to release email correspondence with lobbying groups has cost taxpayers at least $160,000.
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Pence signs med-mal cap increase on final day

March 25, 2016
 Associated Press, IL Staff
Medical malpractice victims will be eligible for more compensation after Gov. Mike Pence signed into law a bill increasing the payment cap for the first time since the 1990s. The cap would increase from the current $1.25 million limit to $1.65 million next year and then to $1.8 million in 2019.
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Bill would allow recovery of attorney fees in all wrongful death actions

December 28, 2015
Marilyn Odendahl
A northern Indiana senator has introduced legislation to amend Indiana’s wrongful death statute to allow for surviving families to collect attorney fees.
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Reversal: Care facility must pay legal fees after $1M negligence verdict

December 23, 2015
Dave Stafford
An assisted-living facility where a resident died after being badly burned must pay the estate’s attorney fees, the Indiana Court of Appeals ruled Wednesday in reversing a trial court.
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Appeals court concerned about fee-shifting provisions in domestic relations cases

December 22, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.
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COA rules in contentious attorney fees case

December 22, 2015
Jennifer Nelson
The Indiana Court of Appeals had harsh words for the three lawyers involved in a protracted, unprofessional legal battle over attorney fees owed in a breach of contract lawsuit against Lake Station, Indiana.
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Lawyer loses fee appeal against defunct Stewart & Irwin

December 10, 2015
Dave Stafford
A lawyer who claimed his former law firm and its shareholders wrongly withheld fees he was contractually owed lost his appeal of a judgment in the firm's favor Thursday.
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Protecting Your Practice: Avoid problematic fee agreements

December 2, 2015
Neal Bowling, Dina Cox
It is crucial to have a clear, written agreement with your client explaining not just the scope of your services, but how you will be paid for those services. Be careful that you don’t run afoul of your professional obligations in that fee agreement or in your billing.
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Court must recalculate attorney fees

November 6, 2015
Jennifer Nelson
A trial court has the discretion to determine whether and how much to award in attorney fees, but a Porter Superior Court incorrectly determined what attorney fees the prevailing party was entitled to in a slander of title action, the Indiana Court of Appeals held Friday.
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Figuring out flat fees

November 4, 2015
Dave Stafford
A recent Indiana State Bar Association Legal Ethics Committee opinion says lawyers who charge clients flat fees considered earned on receipt shouldn’t deposit the fees in their Interest on Lawyer Trust Account, but should put the money in the firm’s operating account. Some lawyers aren’t convinced this makes sense.
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COA affirms sanctions for lawyer’s misrepresentation of invoices

October 22, 2015
Jennifer Nelson
The Indiana Court of Appeals called out an attorney for the errors in her appellate brief and considered requiring her to prove she attended continuing legal education on appellate practice before filing anything else before the appeals court.
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Justices affirm attorney fees award in domestic arbitration

October 16, 2015
Dave Stafford
A trial court ruling ordering an ex-husband to pay his ex-wife’s legal fees in a divorce settled under the Family Law Arbitration Act was affirmed Friday by the Indiana Supreme Court.
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COA affirms attorney fee order

October 15, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.
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COA outlines approach to awarding attorney fees in estate challenges

October 14, 2015
In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.
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BP to pay $138 million in fees in DOJ deal

October 8, 2015
 Bloomberg News
The value of BP Plc’s settlement with the U.S. government and five Gulf states over the Deepwater Horizon oil spill rose to $20.8 billion in the latest tally of costs from the U.S. Justice Department.
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Justices: Survivors cannot recover attorney fees

October 7, 2015
Marilyn Odendahl
The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.
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Whitestown, Zionsville pay $500K-plus in legal fees

October 1, 2015
Lindsey Erdody, IBJ Staff
More than a half-million dollars has been spent to date by Whitestown and Zionsville in the ongoing legal battle between the two Boone County towns.
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  1. 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.

  2. 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.

  3. 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 ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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