Courts

Indiana judge dismisses suit targeting new sex offender law

November 12, 2015
 Associated Press
A new Indiana law that bans many sex offenders from venturing onto school property doesn't prevent most from worshipping at churches that house schools on their grounds, attorneys in a recently dismissed lawsuit say.
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Judge denies ex-officer's bid for review of convictions

November 12, 2015
 Associated Press
A judge has denied a former Evansville police officer's bid for a federal review of his murder and arson convictions.
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Supreme Court justice applications due in late January

November 12, 2015
IL Staff
Those interested in becoming the 109th Indiana Supreme Court justice tentatively have until Jan. 25 to apply. Applications for the vacancy to be created by Justice Brent Dickson’s retirement are now available online.
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Firm files class action over lower corn prices

November 11, 2015
Jennifer Nelson
An Indiana law firm has filed a class-action lawsuit against one of the world’s largest seed and agrochemical companies in an effort to allow more time for individual farmers to sue the company after corn prices plummeted last year.
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Prosecutors indict 36 in alleged insurance fraud scheme

November 11, 2015
 Associated Press
Federal prosecutors have indicted 36 people in an insurance fraud scheme alleging that they staged car crashes and filed false insurance claims.
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Teacher, diocese file motions to dismiss discrimination suit

November 11, 2015
 Associated Press
Both the Roman Catholic Diocese of Fort Wayne-South Bend and a former teacher who was fired after undergoing in vitro fertilization treatments have filed motions to dismiss a lawsuit.
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4 vie for Judicial Nominating Commission position

November 11, 2015
Dave Stafford
Lawyers mostly in southern Indiana are selecting one of their peers to have a say in who will be the next justice appointed to the Indiana Supreme Court.
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Man loses appeal to revoke spousal maintenance

November 10, 2015
Jennifer Nelson
An ex-husband who sought “all-or-nothing” relief when he asked the court to terminate his ex-wife’s incapacity support instead of reducing it after she remarried lost his appeal before the Indiana Supreme Court.
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Justices: Jury should hear defense of necessity instruction

November 10, 2015
Jennifer Nelson
The Indiana Supreme Court ordered a new trial for a man convicted of a misdemeanor gun charge after finding he presented sufficient evidence to have the jury instructed on his defense of necessity.
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New York conviction doesn’t support Indiana charges

November 10, 2015
Jennifer Nelson
A man’s 2014 conviction of operating a vehicle while impaired in New York cannot serve as the basis to bring enhanced drunken-driving charges against him because the New York statute is not substantially similar to the elements of a crime described in Indiana Code, the Indiana Court of Appeals held Tuesday.
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Court: Girl should be with mother, not great aunt

November 10, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the award of custody of a young girl to her great aunt, finding the woman did not overcome the presumption in favor of placement with the girl’s biological mother.
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Appeals court delivers setback to Obama's immigration plan

November 10, 2015
 Associated Press
A federal appeals court has ruled against President Barack Obama's plan to protect an estimated 5 million people living in the United States illegally from deportation.
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Ernst & Young faulted for relying on Madoff’s word, audits

November 10, 2015
 Bloomberg News
Ernst & Young LLP erred by taking Bernie Madoff at his word when it signed off on audits of a fund that helped feed the biggest Ponzi scheme in U.S. history. The firm then stumbled by trusting the con man’s now-disgraced ex- accountant, a jury in the first trial of its kind was told.
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Escort lawsuit: 5 women join suit against Katina Powell

November 10, 2015
 Associated Press
Five women have joined a lawsuit filed against escort Katina Powell and say she falsely alleges in her book that they participated in prostitution at the University of Louisville.
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Supreme Court upholds former Colt's 'jock tax' victory

November 9, 2015
 Associated Press
The U.S. Supreme Court has rejected an appeal from the city of Cleveland over its formula for taxing visiting professional athletes for their work in the city.
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City still on hook for $11.2M on abandoned justice project

November 9, 2015
 Associated Press
Taxpayers still owe $11.2 million to consultants and contractors involved with an abandoned plan to build a new criminal justice center for Marion County.
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Justice Brent Dickson announces retirement

November 9, 2015
IL Staff
Even if Justice Brent Dickson wasn’t required to give up his seat on the Indiana Supreme Court when he turns 75 in July, he said Monday his decision to retire would be the same.
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Justices: Personalized licenses plates are government speech

November 6, 2015
Jennifer Nelson
The Indiana Supreme Court Friday upheld the Bureau of Motor Vehicles’ process for approving or denying requests for personalized license plates after finding the plates are government speech. A Marion County judge ruled last year the statute governing personalized license plates is unconstitutional.
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Companies’ agreement not a requirements contract, 7th Circuit holds

November 6, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals vacated judgment in favor of a company that sued its carbon black supplier after it was unable to fulfill orders, holding the lower court erred in ruling in favor of the purchaser after finding the agreement between the companies was a requirements contract.
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Court must recalculate attorney fees

November 6, 2015
Jennifer Nelson
A trial court has the discretion to determine whether and how much to award in attorney fees, but a Porter Superior Court incorrectly determined what attorney fees the prevailing party was entitled to in a slander of title action, the Indiana Court of Appeals held Friday.
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Clause limiting time client can sue attorney violates public policy

November 6, 2015
Jennifer Nelson
The contract a client signed to have the Conour Law Firm represent her contained a clause limiting her ability to sue the firm to one year, which the Indiana Court of Appeals found violated public policy and the Indiana Rules of Professional Conduct. The lawsuit seeking to recover settlement funds stolen by William Conour continues against his former colleague.
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Out-of-state move did not relieve sex offender from updating address

November 6, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that because he had moved out of state when law enforcement officials performed a random check of his home address, he was no longer required to register as a sex offender in Indiana.
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Court affirms enhanced sentence for incest offense

November 6, 2015
Jennifer Nelson
Finding the District Court conducted the correct analysis when determining the sentence of a man who had failed to register as a sex offender in Indiana and then committed incest with his 18-year-old daughter, the 7th Circuit Court of Appeals affirmed the six-level sentencing enhancement.
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LLC denied royalties because of unenforceable contract

November 6, 2015
Jennifer Nelson
A company that sued seeking nearly $750 million in unpaid royalties for sales on medical devices using certain patents lost its appeal before the Indiana Court of Appeals because the contract is unenforceable.
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E-filing to begin Monday in Indiana appeals courts

November 6, 2015
Jennifer Nelson
The e-filing pilot project that kicked off in Hamilton County in July will now include the Indiana Supreme Court and Court of Appeals. Chief Justice Loretta Rush signed an order Friday expanding the project to the appellate courts beginning Monday.
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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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