Courts

Obama to push Supreme Court nominee at University of Chicago

April 1, 2016
 Associated Press
President Barack Obama heads to law school next week to push his nomination of Judge Merrick Garland to the Supreme Court.
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Jury convicts 7th person in fatal shooting of South Bend boy

April 1, 2016
 Associated Press
Jurors have convicted a seventh person of involvement with gunfire during a gang fight that resulted in a South Bend toddler being fatally wounded by a stray bullet.
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Man must pay to clean up meth mess, court affirms

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man must pay to clean up the remnants of his meth lab after it found Indiana Code justified the payment and there was a victim to whom restitution should be paid.
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COA: Patient not notified doctor was independent contractor

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.
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Uber antitrust lawsuit over pricing green-lighted by judge

March 31, 2016
 Bloomberg News
Uber Technologies Inc. and its co-founder Travis Kalanick will have to defend a lawsuit that accuses them of running an antitrust scheme by using an app to set high surge fares.
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Ex-judge must take anger-management classes

March 31, 2016
 Associated Press
A former Maryland judge who pleaded guilty to a civil rights violation for ordering a defendant to be physically shocked in his courtroom will have to take anger-management classes as part of his sentence.
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Majority: injured worker’s immigration status relevant

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision a man’s immigration status is valid evidence in a case where he was injured while working in the United States as an undocumented immigrant.
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Lawsuit: Fort Wayne cleanups violate rights of the homeless

March 31, 2016
 Associated Press
Indiana's second-largest city faces a federal lawsuit alleging that it is violating homeless residents' constitutional rights by destroying tents, coats, blankets and other property seized during sweeps of homeless camps.
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5 players accuse US soccer federation of wage discrimination

March 31, 2016
 Associated Press
Five stars from the World Cup-winning U.S. women's national team have accused the U.S. Soccer Federation of wage discrimination in an action filed with the federal Equal Employment Opportunity Commission.
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Supreme Court: Blanket suppression goes too far in murder case

March 30, 2016
Scott Roberts
While police officers who overheard a pretrial consultation between a suspect and his lawyer were definitely in the wrong, the total suppression of all the officers’ testimony in the case may not be necessary, the Indiana Supreme Court ruled in a unanimous decision
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2 years after New Jersey's Super Bowl, ticket suit goes on

March 30, 2016
 Associated Press
More than two years after New Jersey's first Super Bowl, a lawsuit over how tickets were distributed is still playing out in court.
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Jury: GM car's bad ignition switch not to blame in crash

March 30, 2016
 Associated Press
A New York City jury found Wednesday that a flawed General Motors ignition switch was not to blame in a 2014 accident on an icy New Orleans bridge, handing the carmaker its second victory in a row in trials meant to help lawyers settle dozens of similar claims.
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COA: Man has to abide by settlement

March 30, 2016
Scott Roberts
A man must abide with the agreement he settled on even though he had later second thoughts. The Indiana Court of Appeals found he breached a contract after he came to a settlement with an insurance company.
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Preliminary injunction halts solid waste and recycling contract in Warrick County

March 30, 2016
Marilyn Odendahl
A federal judge has issued a preliminary injunction temporarily upending Warrick County’s plan for collecting solid waste and recyclable materials.
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Man has sentence cut in half by Supreme Court

March 30, 2016
Scott Roberts
The Indiana Supreme Court cut a man’s sentence in half, from 32 to 16 years, by a 3-2 decision after it found consecutive sentences in the case were not appropriate because the state sponsored a series of identical offenses.
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US drops Apple case after getting into terrorist’s iPhone

March 29, 2016
 Bloomberg News
The U.S. said it has gained access to the data on an iPhone used by a terrorist and no longer needs Apple Inc.’s assistance, marking an end to a legal clash that was poised to redraw boundaries between personal privacy and national security in the mobile Internet age.
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Federal court denies state's request for stay in Exodus case

March 29, 2016
IL Staff
A federal judge has denied the state’s motion for a stay on a preliminary injunction granted last month in a lawsuit challenging Gov. Mike Pence’s suspension of funds to groups that resettle Syrian refugees in Indiana.
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Former Madoff aides claim race-baiting in conviction appeal

March 29, 2016
 Bloomberg News
Five former Bernard Madoff employees who were convicted of aiding the con man’s $17.5 billion fraud asked for a new trial, arguing that the lead prosecutor, who is black, improperly alluded to race when he asked the mostly minority jury to have the “courage” to convict.
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Garland holding first meeting with Republican senator

March 29, 2016
 Associated Press
Merrick Garland was set to meet Tuesday with Republican Sen. Mark Kirk, marking the U.S. Supreme Court nominee's first courtesy call on a senator whose party leaders have vowed to hold no hearings or vote until a new president is chosen.
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Bagel company sues gas station over trademark infringement

March 29, 2016
Scott Roberts
The Great American Bagel Enterprises Inc. has filed suit in federal court against The Great American Eagle after Great American Eagle recycled an old sign of the bagel company and used it on the front of its store.
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COA: Contract can be rescinded after land misrepresented

March 29, 2016
Scott Roberts
The Indiana Court of Appeals found a rental company could rescind its purchasing contract for a tract of land after the company that owned the land misrepresented it to the buyer.
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Supreme Court tie upholds win for unions in fee case

March 29, 2016
 Associated Press
A tie vote from the U.S. Supreme Court on Tuesday handed a victory to labor unions in a high-profile dispute over their ability to collect fees from public employees.
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Murder charge filed against man in Indiana toddler's death

March 29, 2016
 Associated Press
An Indiana man drank whiskey with the uncle of a 1-year-old girl and then waited until the family fell asleep before abducting, raping and killing the toddler, prosecutors said Monday in court documents.
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Madison County starts e-filing

March 28, 2016
IL Staff
E-filing is now available in the Madison Circuit Courts for many civil and criminal case types.
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COA: Flood plain ordinance is enforceable, residential ordinance is not

March 28, 2016
Scott Roberts
A builder must seek a special exception to mine in a flood plain zone after the Indiana Court of Appeals found that ordinance enforceable under state statute. However, an ordinance that doesn’t allow mining within two miles of a residential area is not enforceable because it was not enacted in accordance with Indiana’s zoning statutes.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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