Courts

Judge rejects NCAA concussions deal

December 18, 2014
 Associated Press
A federal judge in Chicago rejected a proposed $75 million class-action head injury settlement with the National Collegiate Athletic Association on Wednesday, portraying the deal as too unwieldy and potentially underfunded and urging both sides to go back to the drawing board.
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Supreme Court dismisses appeal in right-to-work case

December 17, 2014
Jennifer Nelson
The Indiana Supreme Court dismissed a Lake County lawsuit challenging the state’s right-to-work law after the state and plaintiffs filed a motion to dismiss.
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Justices find detective’s inadmissible hearsay is harmless error

December 17, 2014
Jennifer Nelson
The Indiana Supreme Court reinstated a man’s conviction of being a serious violent felon in possession of a firearm after finding that a detective’s inadmissible hearsay amounts to a harmless error.
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Malicious prosecution suit against Kentucky man and his lawyer may proceed

December 17, 2014
Jennifer Nelson
The former employers of a man who sued them for discrimination and later dismissed his claims may proceed with their lawsuit alleging malicious prosecution and other claims against that man and his attorney, the Court of Appeals ruled Wednesday.
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COA orders trial court to rule on motion to set aside tax deed

December 17, 2014
Jennifer Nelson
Because a man’s appeal of the issuance of a tax deed was improperly before the Indiana Court of Appeals, the court dismissed the appeal without prejudice and told the trial court to rule on his motion to set aside.
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Man’s 76-year sentence for kidnapping driver affirmed

December 17, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected all of a man’s arguments on appeal as to why his convictions and sentence should be overturned for his kidnapping and robbery of a delivery driver.
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Despite jury instruction error, man’s battery conviction upheld

December 17, 2014
Jennifer Nelson
Although the trial court erred in giving one jury instruction on self defense that only applies when deadly force is involved, the Indiana Court of Appeals affirmed an inmate’s Class A misdemeanor battery conviction because he otherwise couldn’t prove his self-defense claim.
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COA upholds most of man’s spice convictions

December 17, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday affirmed all but one of a man’s drug convictions related to his selling of the drug commonly referred to as “spice” in his smoke shop. The judges also chastised the deputy attorney general who handled the case for again submitting a “foul” smelling record.
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Jury selected to hear in vitro dismissal lawsuit

December 17, 2014
 Associated Press
A jury has been selected to hear a schoolteacher's lawsuit over her claim she was dismissed by a northern Indiana Roman Catholic diocese because she tried to get pregnant through in vitro fertilization.
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Online Extra: Judicial Roundtable 2014

December 17, 2014
IL Staff
When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.
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The changing face of the judiciary

December 17, 2014
IL Staff
When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state’s appellate courts were being led by women. Indiana Lawyer recently invited Indiana Chief Justice Loretta Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as the opportunities and challenges today’s courts and lawyers face.
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Judge holds 2013 abortion law violates Equal Protection Clause

December 17, 2014
Marilyn Odendahl
A ruling in federal court has essentially struck down Indiana’s restrictions on drug-induced abortions, but the argument that the law places an undue burden on women caused the court to refrain from making a final judgment.
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State and federal courts clamp down on confidential filings

December 17, 2014
Dave Stafford
Come Jan. 1, lawyers better make certain they’re on firm ground before asking a judge to file court pleadings under seal. Attorneys also may face new liability if confidential information is mistakenly entered in a public case file. State and federal courts have rewritten rules for when and how court pleadings can be filed out of public view, reaffirming they should be open to inspection with limited exceptions.
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Conour pursues wire fraud appeal

December 17, 2014
Dave Stafford
As ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge moves ahead, so do victim lawsuits that seek to collect damages from colleagues who practiced with him years earlier and from a Conour creditor.
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Federal Bar Update: End-of-year tweaks to federal court rules

December 17, 2014
John Maley
John Maley takes a look at rule changes in federal courts and reminds attorneys that the rule on Statement of the Facts has been deleted.
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Disciplinary Actions - 12/17/14

December 17, 2014
IL Staff
Read who's been publicly reprimanded or suspended by the Indiana Supreme Court.
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Medical Malpractice Act does not apply to third party, COA rules

December 16, 2014
Marilyn Odendahl
A worker injured on the job by the actions of a co-worker who was taking prescribed narcotic pain killers is not subject to the limitations of Indiana’s Medical Malpractice Act.
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Appeals court remands divorce distribution for IRA recalculation

December 16, 2014
Dave Stafford
The value of an Individual Retirement Account was miscalculated by a trial court, but the Indiana Court of Appeals otherwise affirmed the distribution of a marital estate in a divorce case.
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Trial court must review treatment plan for mental patient, COA rules

December 16, 2014
Marilyn Odendahl
A man who challenged his ongoing commitment to a mental health facility got a partial victory in that the trial court has been ordered to review his medication to determine if it is substantially benefiting him.
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Divided appeals panel affirms judgment over time-limit objection

December 16, 2014
Dave Stafford
A divided Court of Appeals Tuesday affirmed a trial court judgment for $175,000 in favor of a consultant who co-signed a mortgage in exchange for shares in a company and half-ownership in the real estate.
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Appeals court affirms contempt over parenting-time violation

December 16, 2014
Dave Stafford
A mother who was found in contempt of court for failing to abide by court-ordered parenting time provisions got no relief Tuesday from the Indiana Court of Appeals.
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COA decision in dueling-precedent case affirmed by Supreme Court

December 16, 2014
Marilyn Odendahl
Reviewing a conflict in precedent in state caselaw regarding child support, the Indiana Supreme Court upheld the resolution reached by the Indiana Court of Appeals.
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Divided appeals panel reverses judgment against Thomson

December 16, 2014
Dave Stafford
A trial court improperly ruled in favor of an insurer on Thomson Inc.’s claims for the cleanup of toxic chemicals at two consumer electronics manufacturing sites.
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Father can’t challenge paternity 15 years after child’s birth

December 16, 2014
Jennifer Nelson
The trial court properly denied a man’s petition to rescind or vacate the paternity affidavit he signed when he was 17 years old, the Indiana Court of Appeals held Tuesday. The appeals court declined to reweigh the evidence regarding his and the child mother’s credibility.
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First Amendment complaint filed against county for nativity scene

December 16, 2014
Marilyn Odendahl
A nativity scene on the grounds of the Franklin County courthouse has become the subject of a federal lawsuit.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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