Courts

Gay marriage challenges cost Indiana $1.4M in attorney fees

May 26, 2015
 Associated Press
The state of Indiana had to pay more than $1.4 million in fees to plaintiffs' attorneys in its unsuccessful attempt to maintain a ban on same-sex marriages, the attorney general's office says.
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COA reverses felony conviction for lack of evidence

May 22, 2015
Jennifer Nelson
The state did not prove that a St. Joseph County man intimidated another person when the man pulled out a knife after being confronted about stealing water, the Indiana Court of Appeals held Friday. The dissenting judge believed there to be no distinction between the defendant being “caught” stealing water and “confronting” the defendant about stealing it.
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Man’s appellate arguments challenging misdemeanor convictions waived

May 22, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with the state that a man waived his arguments on appeal because he did not raise a relevant objection at trial, he did not make a cogent argument on appeal, and because his arguments are otherwise meritless.
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Jury awards $32.5M to victim of 2006 traffic accident

May 22, 2015
 Associated Press
A jury awarded $32.5 million to a Dyer, Indiana, woman who suffered brain damage and was left partially paralyzed in a traffic accident.
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Judge dismisses bulk of Christ Church suit against JPMorgan

May 22, 2015
Greg Andrews
A federal judge on Thursday dealt a major blow to Christ Church Cathedral’s lawsuit charging JPMorgan Chase & Co. caused $13 million in losses in trust accounts endowed decades ago by Eli Lilly Jr. via “intentional mismanagement” and “self-dealing.”
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Indiana man faces more charges in Facebook threat case

May 21, 2015
 Associated Press
A federal grand jury has issued a second indictment with more charges against an Indiana man accused of threatening to blow up a courthouse and kill judges in a Facebook posting.
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Bankruptcy lawyer’s unruly conduct draws warning

May 21, 2015
Dave Stafford
A Terre Haute lawyer’s behavior at a bankruptcy court proceeding last week so alarmed parties involved that U.S. marshals were called, according to an order warning he could face discipline for his conduct.
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Certified question regarding Patient’s Compensation Fund dismissed

May 21, 2015
IL Staff
The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.
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ESPN to appeal Indiana judge's ruling on Notre Dame police

May 21, 2015
 Associated Press
ESPN will appeal a northern Indiana judge's ruling that the University of Notre Dame police department is not subject to the state's open records law.
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Magistrate chides ‘bloated filings’ in long-running gun dispute

May 20, 2015
Dave Stafford
A federal magistrate judge in a protracted trademark dispute over the design of competing firearms took aim Tuesday at lawyers he said were slowing the case.
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Savings clause of 2014 criminal code revision not unconstitutional

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the savings clause of the 2014 criminal code revision violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
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Judge approves $200M settlement in 2012 meningitis outbreak

May 20, 2015
 Associated Press
Victims of a 2012 meningitis outbreak caused by a now-closed Massachusetts compounding pharmacy will have access to a $200 million compensation fund, following approval Tuesday by a federal bankruptcy judge.
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COA: Trial court properly admitted drug evidence

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held that a trial court acted within its discretion when it admitted evidence found after executing a search warrant of a large quantity of marijuana in a defendant’s backpack, which led to the revocation of the defendant’s probation.
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Woman’s theft, check deception convictions affirmed

May 20, 2015
Jennifer Nelson
The Court of Appeals concluded Wednesday that a defendant did not establish that the trial court abused its discretion by refusing her proffered jury instruction or in the admission of pretrial identification evidence.
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7th Circuit affirms denial of railroad disability benefits

May 20, 2015
Dave Stafford
A railroad worker treated in Indiana for years for back injuries and pain failed to convince the 7th Circuit Court of Appeals he was entitled to federal disability benefits.
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Justices find nature of murders supports death penalty

May 20, 2015
Jennifer Nelson
A Gary man who shot and killed his wife and her two children at close range will remain on death row, the Indiana Supreme Court concluded Wednesday.
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Man’s life without parole sentence upheld

May 20, 2015
Jennifer Nelson
There is sufficient evidence to affirm a Fulton County man’s sentence of life without parole for his connection in the murder of an elderly woman during a home invasion, the Indiana Supreme Court ruled Wednesday.
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Double jeopardy requires reversal of 1 of prisoner’s convictions

May 20, 2015
Jennifer Nelson
An inmate in the Miami Correctional Facility scored a partial victory before the Indiana Supreme Court Tuesday. The justices reversed one of his convictions for battering a correctional officer, but declined to reduce his eight-year sentence.
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7th Circuit again denies Notre Dame’s request for injunction in contraception suit

May 20, 2015
Jennifer Nelson
A month after rehearing the University of Notre Dame’s request for a preliminary injunction that it need not comply with the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals again affirmed the denial of the school’s request.
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Pressure on PACER

May 20, 2015
Marilyn Odendahl
On May 1, protestors across the country launched their ire on the federal judicial branch. They were not maligning the judges or their decisions, but rather they were imploring the courts to upgrade and improve the online Public Access to Court Electronic Records system.
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Ruling clarifies, broadens admissibility of social media content as evidence

May 20, 2015
Dave Stafford
Donnell Wilson’s murder convictions for shooting and killing two gang members in Gary relied in part on Twitter posts shown to a jury in which he bragged about having a gun and threatened to shoot rival gang members.
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Column: Using Facebook to provide notice for service of process

May 20, 2015
A recent study found that nearly 75 percent of all adults in the U.S. who use the Internet also have Facebook accounts. What if Facebook could soon have a major (positive) impact on litigation?
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Waterfill: State court vs. federal court: Which venue is best?

May 20, 2015
What are the various considerations when determining between state and federal court?
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Disciplinary Actions - 5/20/15

May 20, 2015
IL Staff
Read who has recently resigned from the Indiana bar.
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Indiana judge weighs fate of BMV overcharges case

May 19, 2015
 Associated Press
A judge is weighing the fate of a lawsuit targeting the Indiana Bureau of Motor Vehicles after he heard arguments Monday in the case alleging that the BMV overcharged motorists by tens of millions of dollars for fees and services.
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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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