Courts

Dentist’s reputation, privacy and identity are not chattel under T.R. 75(A)(2)

July 9, 2014
Jennifer Nelson
The Indiana Court of Appeals decided that the preferred venue of a woman’s lawsuit against her ex-boyfriend alleging defamation and other claims is in Marion County where the man resides and not in Lake County where she works. The opinion hinged upon whether there were chattels involved.
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Moberly to become chief bankruptcy judge Aug. 1

July 9, 2014
IL Staff
Judge Robyn L. Moberly, in the United States Bankruptcy Court for the Southern District of Indiana, has been appointed to replace Judge James K. Coachys as the court's chief judge. Coachys is retiring Sept. 30.
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Split Supreme Court vacates transfer in re-entry case

July 9, 2014
Jennifer Nelson
The Indiana Supreme Court took action on one case last week, vacating the transfer it granted in April in a case challenging the termination from a county re-entry court program.
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Curry: 12-hour arrestee probable cause rule unrealistic

July 8, 2014
Dave Stafford
Marion County Prosecutor Terry Curry told judges Tuesday that a proposed rule requiring a probable cause determination within 12 hours of an arrest in major felony cases would “set up the criminal justice system to fail in many instances.”
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Woman loses appeal of discrimination lawsuit against employer

July 8, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court that a pharmaceutical company did not discriminate against a sales representative based on her age or retaliate against her for filing a complaint with the Equal Employment Opportunity Commission.
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Justices to answer whether fund can pursue claim against an insurer

July 7, 2014
Jennifer Nelson
The Indiana Supreme Court has accepted a certified question from a federal court in northern Indiana in a case filed by the Indiana Patient Compensation Fund against a professional liability insurance provider involving claims against former doctor Mark Weinberger.
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State can’t prove teen stole television he owned with his mother

July 7, 2014
Jennifer Nelson
In an issue of first impression involving the statutes defining Class D felony theft, the Indiana Court of Appeals reversed a teen’s adjudication of theft for removing a television that he and his mother purchased together from his mother’s home over her objection.
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Judges uphold man’s resisting law enforcement conviction

July 7, 2014
Jennifer Nelson
Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.
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Nonprofits' contraceptive cases next for justices

July 7, 2014
 Associated Press
How much distance from an immoral act is enough? That's the difficult question behind the next legal dispute over religion, birth control and the health law that is likely to be resolved by the Supreme Court of the United States.
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'0INK' vanity plate fight could go to Legislature

July 7, 2014
 Associated Press
A fuss over a police officer's vanity plate has blown up into a constitutional debate that could lead to the Indiana General Assembly deciding whether to rewrite the law or stop selling personalized license plates altogether.
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Lawsuit: Afghanistan subcontractor cheated workers

July 3, 2014
 Associated Press
Federal investigators are examining whether a military subcontractor underpaid scores of medical workers in Afghanistan, pocketing federal funds that the government intended the company use to pay its employees.
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Kentucky gay marriage ban nixed, but no weddings yet

July 3, 2014
 Associated Press
Gay marriage advocates nationwide heralded the ruling striking down deeply conservative Kentucky's ban on same-sex marriage as a significant milestone, though matrimonies won't begin in earnest there anytime soon.
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Property conveyed by the entirety includes presumption of right of survivorship

July 3, 2014
Jennifer Nelson
In a question of first impression, the Indiana Court of Appeals Thursday held that when a property is conveyed by the entirety, there is a presumption the grantor intended to convey the property with the right of survivorship. It does not matter if the individuals are not husband and wife.
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Judges order SSA to determine if father is entitled to daughter’s disability benefits

July 3, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Wednesday sent a case back to the Social Security Administration after finding an administrative law judge’s decision that a woman was not totally disabled until Nov. 1, 2008, “deeply flawed.”
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Divided 7th Circuit revives Marion County Small Claims suit

July 3, 2014
Jennifer Nelson
More than eight months after Judge Richard Posner argued in a dissent that Newsom v. Friedman needs to be overruled, the 7th Circuit Court of Appeals did just that in an en banc decision involving Marion County’s Township courts.
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Counties worry about cost of criminal code changes

July 2, 2014
 Associated Press
Sweeping changes to Indiana's criminal code took effect Tuesday that will send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons, causing concern by some about the financial burden it will put on counties.
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Justices suspend 2 attorneys, concerned whether one is fit to practice

July 2, 2014
Jennifer Nelson
The Indiana Supreme Court issued two disciplinary opinions Wednesday, including a decision in which the justices suspended an Indianapolis attorney for at least 18 months, citing his “serious deficiencies in representing clients and himself.”
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Car dealer responsible for buyer’s unauthorized purchases at auction

July 2, 2014
Jennifer Nelson
After finding that a trial court did not err in reinstating an action after initially dismissing it with prejudice, the Indiana Court of Appeals affirmed summary judgment in favor of Automotive Finance Corp. on its action seeking repayment of loans made to purchase cars.
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Indiana to raise attorney registration fees

July 2, 2014
Dave Stafford
Annual registration fees for Indiana attorneys will increase nearly 25 percent, the Indiana Supreme Court announced in an order issued Monday.
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ACLU sues 2 Indy police officers over car sticker

July 2, 2014
 Associated Press
An Indiana woman intended her bumper sticker reading "unmarked police car" as a joke, but two police officers didn't think it was funny. Now, they're being sued in federal court for allegedly violating the woman's free speech rights, and officials aren't laughing.
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US Justices act in other health law mandate cases

July 2, 2014
The Supreme Court of the United States on Tuesday confirmed that its decision a day earlier extending religious rights to closely held corporations applies broadly to the contraceptive coverage requirement in the new health care law, not just the handful of methods the justices considered in their ruling.
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Young knows gay marriage ruling upset some

July 2, 2014
 Associated Press
The federal judge who struck down Indiana's gay marriage ban said he's well aware his decision upset some people, but that federal judges can't let public opinion sway their decisions.
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Couples rush to marry after ruling makes same-sex marriage legal in Indiana

July 2, 2014
Marilyn Odendahl, Dave Stafford
The race to the courthouse began for many couples shortly after Richard Young, chief judge of the U.S. District Court for the Southern District of Indiana, issued a ruling that declared Indiana’s ban on same-sex marriage unconstitutional and permanently enjoined the state defendants from enforcing the laws barring same-sex marriage.
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Judge says no to Love but yes to marriage

July 2, 2014
Marilyn Odendahl
Two days after a judge overturns Indiana's ban on same-sex marriage, the 7th Circuit Court of Appeals granted the state’s request to stay the ruling pending an appeal.
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Financial picture worsens for Marion County courts

July 2, 2014
Dave Stafford
In Marion County, the funding shortfall is projected to be $4.6 million for 2015. Courts are routinely dealing with persistent shortfalls to support guardians ad litem appointed to represent juveniles in child in need of services cases.
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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