lawsuit

High court questions whether transactions are leases or security interest sales

June 21, 2011
Michael Hoskins
Examining whether a transaction between two businesses is a lease or a sale subject to security interest, the Indiana Supreme Court has adopted an approach used in Colorado. The court held that various factors, such as the economy, must be considered in each situation to decide that question.
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Supreme Court aligns with trial court in dog-attack case

June 21, 2011
Jenny Montgomery
The Indiana Supreme Court has affirmed a trial court judge’s finding that the city of Evansville and its animal control division are not liable in a dog attack that seriously injured a boy.
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Indiana legislator sues over walk-out pay deductions

June 20, 2011
Michael Hoskins
An Indianapolis lawmaker is suing the state for deducting some of his pay to cover fines imposed against him because of a legislative walkout earlier this year.
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Judge: video games don't infringe on Dillinger trademark

June 17, 2011
Cory Schouten
A federal judge has shot down a lawsuit brought by heirs of notorious bank robber John Dillinger over the depiction of the Dillinger name in video games based on the classic movie "The Godfather."
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Federal judge decertifies class in hail-damage suit

June 15, 2011
Jennifer Nelson
On order from the 7th Circuit Court of Appeals, an Indiana judge has decertified the class in a lawsuit against State Farm following a 2006 hail storm in central Indiana.
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COA rules on public utility issues

June 9, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed in part and reversed in part the decision by the Indiana Utility Regulatory Commission finding United States Steel Corp. acted as a public utility when it delivered electricity and natural gas to another steel producer in northwestern Indiana.
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7th Circuit affirms ruling against former jail nurses

June 9, 2011
Jennifer Nelson
In a discrimination and hostile work environment case, the 7th Circuit Court of Appeals concluded for the first time that displays of confederate flags in the workplace may support a hostile work environment claim. However, the judges agreed with the District Court that several African-American nurses formerly employed by a Marion County jail could not support their legal claims.
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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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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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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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ACLU of Indiana files suit against immigration legislation

May 25, 2011
Jenny Montgomery
The American Civil Liberties Union of Indiana filed a federal lawsuit Wednesday in the U.S. District Court's Southern District of Indiana, challenging the wording of a new Indiana law designed to curb illegal immigration.
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Issue of fact precludes summary judgment in insurance case

May 25, 2011
Jennifer Nelson
Neither side in a dispute over whether a deceased man’s auto insurer should provide coverage for losses from an accident that occurred while he was driving his girlfriend’s car is entitled to summary judgment, the Indiana Court of Appeals ruled Wednesday. A genuine issue of material fact remains as to whether the girlfriend’s car was furnished or available for the man’s regular use.
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Court rules on medical malpractice excess damages issue

May 23, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled on an issue of first impression, adopting recent guidance from the state’s highest court to decide that evidence relating to medical malpractice liability can be introduced in determining damages even after someone enters into a settlement with the healthcare provider on that underlying claim.
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Planned Parenthood's request for restraining order denied

May 11, 2011
Jennifer Nelson
Judge Tanya Walton-Pratt has denied Planned Parenthood of Indiana's request for a temporary restraining order barring the enforcement of a law signed by Gov. Mitch Daniels on Tuesday.
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Bills on courts, forfeiture before governor

May 11, 2011
Jennifer Nelson
Several Indiana counties will have their Circuit and Superior courts unified and certain judges will no longer have to be less than 70 years old when they take office, thanks to legislation passed during the 2011 session of the General Assembly.
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Appellate court orders reinstatement of jury verdict

May 4, 2011
Jennifer Nelson
Finding a trial judge erred when granting a new trial because he didn’t make specific findings in setting aside a jury verdict, the Indiana Court of Appeals reversed the lower court and ordered the jury verdict reinstated.
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Landlord sent itemized letter on time

May 4, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.
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Judges split on District Court’s use of Colorado River abstention doctrine

May 3, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the homeowners’ suit based on the Colorado River abstention doctrine.
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SCOTUS denies cert, upholding Indiana's judicial canons

May 2, 2011
Michael Hoskins
It’s official: Indiana’s judicial canons are constitutional and the rules don’t infringe upon a judge or candidate’s free speech rights.
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SCOTUS denies Indiana judicial canons case

May 2, 2011
Michael Hoskins
The Supreme Court of the United States has refused to take a case asking whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
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COA rules on unjust enrichment issue for first time

April 29, 2011
Jennifer Nelson
For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.
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First impression issue on 'in loco parentis' doctrine

April 29, 2011
Jennifer Nelson
Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
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Judge dismisses civil forfeiture suit against state prosecutors

April 6, 2011
Michael Hoskins
A Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of reasoning and consistency demonstrated by prosecutors throughout the state.
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Misdemeanant challenges voting lockoutRestricted Content

March 16, 2011
Michael Hoskins
When a former town council member in northern Indiana was sentenced to county jail for two months on a misdemeanor battery conviction, he didn’t realize that experience would take away his right to vote.
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7th Circuit denies petition to remove judge

March 4, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals denied a man’s petition for writ of mandamus to remove a federal judge from a case he is involved with that’s still pending in District Court. The man failed to intervene in the case and his interest in the case is too uncertain to give him the rights of a party automatically, the judges ruled Friday.
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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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