Courts

Orbitz contracts with hotels are ‘trade secrets,’ Tax Court rules

October 17, 2013
Jennifer Nelson
The Indiana Tax Court Wednesday granted online travel company Orbitz LLC’s request to place certain documents under seal – including contracts the company has with three Indiana hotels. Judge Martha Wentworth determined that the contracts are trade secrets, so they are not subject to public disclosure.
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Partial shutdown over, for now

October 17, 2013
IL Staff
President Barack Obama signed legislation Thursday ending the partial shutdown of the federal government and pushing back deadlines before Congress must act again to prevent a similar situation. The announcement from the White House came hours after the U.S. Courts announced federal courts would remain open through Oct. 18.
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No constitutional violations in stopping car with interim dealer plate

October 16, 2013
Jennifer Nelson
Finding an Indianapolis police officer had reasonable suspicion to conduct an investigatory stop of a car with an interim dealer plate, the Indiana Court of Appeals affirmed the driver’s conviction of Class C felony operating a motor vehicle after his driving privileges had been forfeited for life.
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State to appeal ruling in fenced deer-hunting case

October 16, 2013
IL Staff
The Office of the Indiana Attorney General announced Tuesday that it will appeal a recent Harrison County ruling that held the state couldn’t regulate a fenced deer-hunting operation.
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Man convicted before felony classes implemented can’t convert conviction to misdemeanor

October 16, 2013
Jennifer Nelson
A man who pleaded guilty in 1977 to felony possession of a controlled substance was unable to convince the Indiana Court of Appeals that he is entitled to have his conviction reduced to a misdemeanor.
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In arguing for leniency, Conour cites previous ‘stellar’ career

October 16, 2013
Dave Stafford
Convicted former attorney William Conour argues in a court filing Wednesday that he deserves leniency in sentencing and should receive less than the minimum advisory range of 14 to 17.5 years in federal prison for defrauding three-dozen clients of nearly $7 million.
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Prosecution wants 20-year sentence for Conour, now accused of stealing nearly $7 million

October 15, 2013
Dave Stafford
Citing his lack of remorse for the theft of nearly $7 million from clients over the years, federal prosecutors want former wrongful-death and personal-injury attorney William Conour sentenced to the maximum term of 20 years Thursday, according to a sentencing memorandum filed Tuesday.
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Prosecution: Conour deserves 20 years; victim tally now nearly $7 million

October 15, 2013
Dave Stafford
The toll from fraud perpetrated by former wrongful-death and personal-injury attorney William Conour has increased significantly from earlier estimates, federal prosecutors said in a sentencing memorandum filed Tuesday.
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Judges disagree on when duty to exercise ordinary care extends to beneficiaries

October 15, 2013
Jennifer Nelson
The Indiana Court of Appeals was divided Tuesday on whether a legal malpractice lawsuit filed by third-party beneficiaries of a will against their relative’s attorney should proceed beyond summary judgment. The case hinged on the interpretation of the “known” requirement outlined in Walker v. Lawson.
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Ex-wife not entitled to half of pension earned after divorce

October 15, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a trial court did not impermissibly modify a property settlement agreement or decree, but simply clarified that the intent of the parties was to divide the marital property acquired during the marriage and before the final date of separation.
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$14.5 million defamation judgment against State Farm stands

October 14, 2013
Jennifer Nelson
State Farm Fire & Casualty Co. is on the hook for a $14.5 million award to a contractor on his defamation lawsuit after the Indiana Supreme Court declined to take the case last week.
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7th Circuit affirms above-guidelines sentence for embezzlement

October 14, 2013
Jennifer Nelson
A man’s 60-month sentence for stealing from his employer for many years – a sentence beyond the advisory guidelines range – is reasonable, the 7th Circuit Court of Appeals ruled Friday. The man challenged the District Court’s recalculation of his guidelines range after he appealed his sentence.
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IMPD officer Bisard trial begins in Fort Wayne

October 14, 2013
Jennifer Nelson
Jury selection began Monday in the trial of an Indianapolis Metropolitan Police Department officer accused of driving while intoxicated, leading to an accident that killed one motorcyclist and injured two others in 2010. David Bisard’s trial was moved to Allen County due to pre-trial publicity.
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Teacher’s suggestive messages to student were ‘immoral’ but not a crime, COA rules

October 11, 2013
Marilyn Odendahl
Although the Indiana Court of Appeals found a high school teacher’s behavior toward a 16-year-old female student to be “deplorable and immoral,” it overturned his convictions because his actions were not criminal under statute.
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COA reverses contempt finding, but upholds sanctions

October 11, 2013
Jennifer Nelson
A nurse who made false allegations leading to the detention of a co-worker for mental health reasons will have to pay as ordered toward the woman’s attorney fees even though the Indiana Court of Appeals reversed an indirect civil contempt finding.
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Divided COA: Statement on record unneeded to waive jury trial

October 11, 2013
Dave Stafford
The majority of a Court of Appeals panel affirmed a Hendricks County man’s conviction in a bench trial of misdemeanor intimidation, but a dissenting COA judge wrote the defendant was improperly denied a jury trial and his conviction should be tossed.
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COA clears way for negligence complaint against medical device company

October 11, 2013
Jennifer Nelson
A lawsuit filed against medical device manufacturer Medtronic following the death of a man who had one of the company’s medical devices implanted can continue, the Indiana Court of Appeals ruled Friday. It held the Medical Device Amendments to the Federal Food, Drug and Cosmetics Act does not preempt a family’s negligence claim.
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Jury should hear discrimination suit filed by fired ‘salesman of the year’

October 11, 2013
Jennifer Nelson
The reasons a company gave for firing its most productive salesman – who also happened to be its oldest – raise potential credibility issues, the 7th Circuit Court of Appeals ruled Thursday. The judges decided the salesman’s age discrimination lawsuit should proceed to a jury.
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South Bend attorney to be sentenced in December on forgery convictions

October 11, 2013
IL Staff
A disbarred sole practitioner from South Bend who was found guilty in September on three counts of forgery will be sentenced Dec. 11 in St. Joseph County.
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Indiana consumers to receive payout in settlement with negative option marketer

October 11, 2013
IL Staff
Indiana Attorney General Greg Zoeller announced Thursday that a company accused of deceptive advertising has entered into a $30 million settlement with 48 states, resulting in $238,900 in money for Indiana customers.
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Mother unable to show error in terminating her parental rights

October 10, 2013
Jennifer Nelson
A mother of four children with special needs who also has a cognitive disability, was unable to convince the Indiana Court of Appeals she should be allowed to keep custody of her children.
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COA still finds supervised visitation argument moot

October 10, 2013
Jennifer Nelson
After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.
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COA affirms parental termination in child’s best interest

October 10, 2013
Jennifer Nelson
A mother’s inability to adequately care for her child, leading to the girl’s failure to thrive, supports the termination of mother’s parental rights, the Indiana Court of Appeals held Thursday.
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Contractor owed no duty to worker injured during construction of Carmel arts center

October 10, 2013
Jennifer Nelson
Summary judgment for a contractor on the Carmel Regional Performing Arts Center construction was appropriate, the Indiana Court of Appeals ruled, rejecting an injured worker’s argument that a duty was owed to him based on federal workplace safety regulations.
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Having the ingredients is not proof of a man’s intention to cook

October 10, 2013
Marilyn Odendahl
Despite the state’s attempt to convince the Indiana Court of Appeals that its decision in a similar case was erroneous, the panel upheld precedent and found that a man’s possession of cold tablets and batteries is not proof he intended to manufacture methamphetamine.
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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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