Courts

Parties settle latest dispute over Franklin County courthouse nativity

December 18, 2015
IL Staff
A lawsuit filed on behalf of the national nonprofit Freedom From Religion Foundation and the Satanic Temple challenging a nativity scene on the Franklin County courthouse has been settled. This is the second lawsuit filed in less than a year over the religious display.
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Ex-Subway pitchman Fogle moved to federal prison in Colorado

December 18, 2015
 Associated Press
Former Subway pitchman Jared Fogle has been moved to a low-security federal prison in Colorado where his attorneys had sought to have him serve out his more than 15-year sentence.
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Shkreli’s lawyer accused of templating sham retrophin share deal

December 18, 2015
 Bloomberg News
A handcuffed Evan Greebel walked out of the FBI’s New York headquarters a few steps ahead of ex-Retrophin Inc. CEO Martin Shkreli, but prosecutors say the men were side- by-side when it came to a multimillion dollar fraud at the company’s expense.
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Uber barred from pushing new contract on drivers in pay suit

December 18, 2015
 Bloomberg News
Uber Technologies Inc. was barred from imposing a new contract on drivers who are suing the company to be treated like employees after a federal judge said the reworded agreement is confusing.
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Monarch Beverage again fails in liquor distribution suit

December 17, 2015
Marilyn Odendahl
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
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Reversal: Expungement petitioner entitled to hearing when prosecutor objects

December 17, 2015
Dave Stafford
A trial court erred in denying a man’s expungement petition on a Class B felony conviction of aiding robbery because the statute requires a hearing when a prosecutor objects, the Indiana Court of Appeals ruled Thursday.
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Judge limits police expert testimony in excessive force case

December 17, 2015
Dave Stafford
A defense expert may not testify whether he believes a Richmond police officer used excessive force when he punched an unruly man in the face three or four times while the man was handcuffed to a hospital gurney.
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Retired AM General CEO wins Supreme Court pay dispute

December 17, 2015
Dave Stafford
The former president and CEO of South Bend-based AM General LLC was due the full benefit of a long-term incentive plan in cash when he retired, the Indiana Supreme Court ruled Wednesday.
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Trial postponed in IU student's slaying

December 17, 2015
 Associated Press
The murder trial for a man accused of killing a 22-year-old Indiana University student has been postponed until June.
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Santa Fe judge steps aside after insulting prosecutor

December 17, 2015
 Associated Press
A judge in Santa Fe, New Mexico has removed himself from a high-profile case after telling a prosecutor a case might be above his pay grade.
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Officer's mistrial in Baltimore death a letdown for both sides

December 17, 2015
 Associated Press
As jurors deliberated the fate of one of six police officers charged in the death of Freddie Gray, Baltimore braced for a possible repeat of the protests, destruction and dismay that engulfed the city in April, when Gray died of a broken neck in the back of a police van. But instead of a dramatic conclusion, there was confusion.
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Japanese court says married couples have no right to separate names

December 16, 2015
 Bloomberg News
Japan’s Supreme Court ruled Wednesday that a law forcing couples to have the same name after marriage is not a breach of the constitution, lawyers for the plaintiffs said, upholding a system in place since the 19th century.
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5 officials want judge to block Indiana conflicts law

December 16, 2015
 Associated Press
Five municipal employees in northwestern Indiana are asking a state court judge to block a law that prohibits them from holding elected office in the same city or town.
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COA strikes sentence about laughing jurors in footnote

December 16, 2015
Jennifer Nelson
That jurors laughed at times during a handwriting expert’s testimony in a case contesting probate of a will has been removed from the official court opinion. The Court of Appeals made the move in a rehearing opinion issued Wednesday.
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Justices affirm ruling for school in fired principal’s suit

December 16, 2015
Jennifer Nelson
An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.
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ALJ correct in finding nurses, phlebotomists are employees

December 16, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed an administrative law judge’s decision that certain workers were employees of a consulting business, and so the company was liable for additional unemployment taxes.
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Judge: Indianapolis house blast defendant to keep lawyers

December 16, 2015
 Associated Press
A judge has rejected a request by a defendant in an Indianapolis house explosion that killed two people to dismiss his attorneys and represent himself one month before his trial is scheduled to begin.
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Law office whistleblower key in disbarment

December 16, 2015
Dave Stafford
The former office manager who blew the whistle on an Indianapolis lawyer disbarred recently by the Indiana Supreme Court said he paid a personal and professional price and endured threats from his ex-boss after reporting his egregiously unethical conduct.
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Beer distributor foams at Indiana’s alcohol law

December 16, 2015
Marilyn Odendahl
Monarch Beverage launches another effort to upend limits on liquor wholesalers.
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Patent reform law withstanding challenges

December 16, 2015
Marilyn Odendahl
A battle between two tech companies put a key provision of the recent patent reform law on the firing line. But intellectual property attorneys were not surprised the patent holder attempted to knock out the administrative review process or that the attempt failed.
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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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Blended gasoline raises question of tax exemption

December 15, 2015
Marilyn Odendahl
A convenience store’s process for mixing two grades of gasoline left too many questions unanswered for the Indiana Tax Court to determine if the equipment used in the blending process was tax exempt.
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Indiana’s cold beer prohibition survives rational-basis review

December 15, 2015
Marilyn Odendahl
Finding retailers did not meet their burden in attempting to overturn one of Indiana’s quirky alcohol laws, the 7th Circuit Court of Appeals ruled the state’s limits on the sale of cold beer is not unconstitutional.
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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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Ex-Subway pitchman Jared Fogle appealing child porn sentence

December 15, 2015
 Associated Press
Former Subway pitchman Jared Fogle is appealing the more than 15-year prison sentence he received for possessing child pornography and having sex with underage prostitutes, which was longer than the maximum term prosecutors agreed to pursue as part of his plea deal.
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