Courts

Zionsville decides not to appeal decision in Wal-Mart case

June 21, 2016
Lindsey Erdody, IBJ Staff
Zionsville doesn't plan to appeal a recent court decision requiring the town to approve Wal-Mart Store Inc.'s 10-year-old proposal for a store along Michigan Road.
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Led Zeppelin lawyers ask judge to toss 'Stairway' case

June 21, 2016
 Associated Press
Led Zeppelin's lawyers asked a judge to throw out a case accusing the band's songwriters of ripping off a riff for "Stairway to Heaven."
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SCOTUS rules for police in search case

June 20, 2016
 Associated Press
A divided U.S. Supreme Court bolstered police powers on Monday, ruling that evidence of a crime in some cases may be used against a defendant even if the police did something wrong or illegal in obtaining it.
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SCOTUS rejects appeal from Illinois smokers

June 20, 2016
 Associated Press
The U.S. Supreme Court on Monday rejected an appeal from Illinois smokers who sought reinstatement of a $10.1 billion class-action judgment in a long-running lawsuit against Philip Morris.
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Justices rap Labor Dept. over change in overtime pay rules

June 20, 2016
 Associated Press
The Supreme Court of the United States ruled Monday that the Labor Department must do a better job of explaining why it is changing a longstanding policy on whether certain workers deserve overtime pay.
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Reynolds wins at US high court in EU drug-money lawsuit

June 20, 2016
 Bloomberg News
A divided U.S. Supreme Court threw out a European Union suit that accused Reynolds American Inc. of orchestrating a global scheme to launder drug money, in a ruling that limits the reach of a federal racketeering law that can impose heavy damage awards.
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When mass shooters die, some feel better off with no trial

June 20, 2016
 Associated Press
Through his death in a gun battle with police, the Orlando nightclub gunman deprived his victims' families of the chance for a trial that could have helped to channel grief, offer a sense of justice or provide answers for the bloodshed. But some touched by other mass shootings in which the killers have died say they are grateful to be spared the extended, emotionally grueling legal proceedings.
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US Supreme Court leaves state assault weapons bans in place

June 20, 2016
 Associated Press
The Supreme Court of the United States has rejected challenges to assault weapons bans in Connecticut and New York, in the aftermath of the shooting attack on a gay nightclub in Orlando, Florida, that left 50 people dead.
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US Supreme Court upholds rules used by patent-review board

June 20, 2016
 Bloomberg News
The U.S. Supreme Court upheld a system that has helped companies like Google Inc. and Apple Inc. invalidate hundreds of disputed patents without having to go to court.
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Man charged in cop's death again asks to represent self

June 20, 2016
 Associated Press
A man accused of killing an Indianapolis police officer in 2014 has again asked to represent himself in court.
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7th Circuit: Third time’s charm in gun sentencing

June 17, 2016
Dave Stafford
It took three appeals, but a man’s sentence for illegal firearm possession finally satisfied the 7th Circuit Court of Appeals.
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7th Circuit cuts attorney fees in Indy skyline photo case

June 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals found the district court did not calculate attorney fees correctly in a dismissed copyright lawsuit and remanded the case so the correct amount could be awarded.
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Judge rejects state’s appeal bid in deaf litigant case

June 17, 2016
Dave Stafford
A federal judge Friday rejected the state’s effort to appeal a ruling that a court discriminated against a deaf litigant, writing the bid was “a classic example of when an immediate appeal is not warranted.”
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Appeals court affirms reinstatement of drug sentence

June 17, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.
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COA dismisses appeal of agreed judgment

June 17, 2016
Scott Roberts
The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.
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Simon faces proposed class-action from guest services managers

June 17, 2016
Dave Stafford
Two former guest-services managers at shopping malls in Illinois and Oklahoma have sued Indianapolis-based Simon Property Group, claiming the retail property giant violated the Fair Labor Standards Act by failing to pay overtime and comply with other federal wage and hour provisions.
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Children of trucking exec challenge will, claim wife orchestrated changes

June 17, 2016
Jared Council, IBJ Staff
The children of deceased Celadon Group Inc. co-founder Steve Russell claim his second wife engineered changes to his will while he suffered from dementia, boosting the amount she would immediately inherit from his $31 million estate at their expense.
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Valpo grad convicted in violent attack of Virginia couple faces life sentence

June 17, 2016
 Associated Press, IL Staff
A jury has recommended the man convicted of violently attacking a lawyer and his wife inside their McLean, Virginia, home be sentenced to life in prison.
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Indiana man sentenced to life after third bank robbery

June 17, 2016
 Associated Press
An Indiana man has been sentenced to life in prison under a federal "three strikes" law after he was convicted of robbing a Muscatine bank.
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Lawsuit: Notre Dame displaying stolen early American art

June 17, 2016
 Associated Press
The University of Notre Dame is displaying $575,000 worth of early American art that was stolen from a man 20 years ago, according to a lawsuit filed by the man's son.
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Henry County judge to lead new Indiana Supreme Court office

June 17, 2016
IL Staff
Henry Circuit Judge Mary Willis has been named the first chief administrative officer of the Indiana Supreme Court.
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Federal judge dismisses Texas' lawsuit over Syrian refugees

June 16, 2016
 Associated Press
Texas can't keep out Syrian refugees, a federal judge has ruled, dismissing concerns state Republican leaders' sounded over hidden extremists following the Paris attacks and revived this week by Donald Trump following the nightclub massacre in Orlando, Florida.
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Appeals court affirms town’s annexation ordinance is void

June 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled a town’s failure to include roads in an annexation ordinance where it sought to annex two pieces of land rendered the ordinance void.
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COA: Judge’s comments do not require dismissal of charges

June 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court judge’s inappropriate comments during trial did not “goad” the defense into asking for a mistrial and affirmed denial of the defense’s motion to dismiss child molesting, rape and sexual misconduct charges against the defendant.
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Justices toss meth conviction, advise courts on indigent depositions

June 16, 2016
Dave Stafford
A Huntington County man’s conviction for dealing meth and 40-year sentence were reversed Thursday by the Indiana Supreme Court, which remanded the case for a new trial and used the decision to send a message to trial courts. The court ruled the denial of depositions of state witnesses by indigent defendants must be supported in the record by findings of fact.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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