Courts

7th Circuit rejects second challenge at ACA contraception mandate

July 2, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
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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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Key Indianapolis home blast witness tells of failed tries

July 2, 2015
 Associated Press
An Indianapolis woman whose house exploded, killing two people, testified Wednesday during her former boyfriend's trial in South Bend that he was determined to burn the home down for insurance money and became angry when the first two attempts failed.
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Notebook found in car falls under Fourth Amendment exception

July 2, 2015
Marilyn Odendahl
A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled.
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Appeals court reverses denial of Fortville annexation

July 2, 2015
Dave Stafford
The town of Fortville’s effort to annex more than 600 acres was wrongly blocked by a trial court, the Indiana Court of Appeals ruled Thursday, sending the matter back for further proceedings.
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7th Circuit slams lawyer, sets new law on fees

July 2, 2015
Dave Stafford
An Indianapolis attorney who appealed a class-action lawsuit seeking a share of his clients’ compensation on top of a statutory award of fees was called out by the 7th Circuit Court of Appeals, which denied his appeal and affirmed the judgment of the U.S. District Court for the Southern District of Indiana.
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COA upholds attorney’s criminal trespass conviction

July 1, 2015
Marilyn Odendahl

An attorney’s attempt to overturn his criminal trespass conviction by arguing the state statute is unconstitutional as applied to leased property was rejected by the Indiana Court of Appeals as failing to convince even a “person of ordinary intelligence."

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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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Kristine Bunch’s malicious prosecution suit stayed

July 1, 2015
Dave Stafford
A woman whose murder conviction was overturned after she spent 17 years in prison may proceed with a malicious prosecution lawsuit against fire officials she claims framed her, a federal judge ruled Monday.
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$6 million Indy jail fail

July 1, 2015
Dave Stafford
The city of Indianapolis spent more than $6 million on a justice center proposal that died last month on the floor of the City-County Council. Law firms collected nearly 80 percent of the total.
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MDL panel picks California for Anthem lawsuits

July 1, 2015
Marilyn Odendahl
Indianapolis law firms that filed suit against the insurance giant after massive cyberbreach are surprised cases won’t be tried in Indiana
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Drawing the line regarding bystanders

July 1, 2015
Dave Stafford
A moped fatality case before the Indiana Supreme Court tests who may press negligent infliction of emotional distress claims.
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E-filing pilot begins in Indiana

July 1, 2015
Dave Stafford
Lawyers will have to file electronically in all Indiana state courts by the end of 2018, according to a plan overseen by Supreme Court Justice Steven David and Court of Appeals Judge Paul Mathias. Hamilton County will get the ball rolling in a few weeks.
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Privilege defense splits Court of Appeals

June 30, 2015
Marilyn Odendahl
A split Indiana Court of Appeals found the privilege granted to store owners and employees in making claims to police does have limits.
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Use tax on out-of-state vehicle purchases upheld

June 30, 2015
Dave Stafford
A tree service properly paid Indiana use tax on its commercial vehicle purchases made outside the state, and imposition of those taxes did not violate the Commerce Clause, the Indiana Tax Court ruled Tuesday.
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Former Ovation CFO arrested on multiple theft charges

June 30, 2015
IBJ Staff
The former chief financial officer for Ovation Audio-Video Solutions LLC has been arrested and charged with more than 20 counts of theft for allegedly misappropriating about $600,000 in company funds for his own use, Marion County Prosecutor Terry Curry announced Monday.
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Indy skyline photo copyright appeal not fully developed

June 30, 2015
Dave Stafford
A lawyer and photographer’s appeal in a copyright lawsuit over unlicensed use of his photo of the Indianapolis skyline was improper, the 7th Circuit Court of Appeals ruled Monday, dismissing the appeal.
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Court ruling spurs backers' hopes for redistricting changes

June 30, 2015
 Associated Press
Groups trying to curb the partisan sculpting of U.S. House of Representative districts are hoping their Supreme Court of the United States victory will prompt more states to create independent commissions to redraw congressional lines.
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Judge won't rule on venue change until jury selection

June 30, 2015
 Associated Press
A judge says she'll wait until jury selection to decide whether to move the trial of a Bloomington man charged with murder in the fatal beating of an Indiana University student.
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Homeowners meet criteria for adverse possession of disputed property

June 30, 2015
Marilyn Odendahl
A church that challenged those who, it believed, trespassed failed to convince the Indiana Supreme Court that a disputed strip of land was actually part of its property.
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Split COA panel affirms day care couple’s manslaughter convictions

June 30, 2015
Dave Stafford
A couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care failed to convince the Indiana Court of Appeals that they should get new trials.
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Appeals panel affirms partial summary judgment in foreclosure suit

June 30, 2015
Dave Stafford
The Indiana Court Appeals affirmed partial summary judgment granted in a mortgage foreclosure suit, rebuffing a creditor's interlocutory appeal seeking summary judgment to foreclose the mortgage.
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Former JA chief loses defamation appeal against attorney

June 30, 2015
Dave Stafford
The former president and CEO of Junior Achievement of Indiana lost a defamation appeal against an Indianapolis attorney Tuesday. The Indiana Supreme Court ruled the complaint was time-barred.
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Habitual offender changes not retroactive, COA holds

June 30, 2015
Dave Stafford
In affirming an Indianapolis man's conviction of aggravated battery and a habitual offender adjudication, the Indiana Court of Appeals also held that revisions to the state's habitual offender statute enacted a year ago are not retroactive.
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‘Rushing’ door sufficient for burglary conviction

June 30, 2015
Dave Stafford
A man who rushed the door of an apartment where a co-conspirator had arranged a drug buy was rightly convicted of Class A felony burglary resulting in serious bodily injury, the Indiana Court of Appeals held Tuesday.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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