Government

Indiana appeals $62.8 million tobacco settlement reduction

December 4, 2013
IL Staff
The state is appealing an arbitration panel ruling from September that reduced by $62.8 million the amount due from tobacco companies to offset Indiana’s health costs associated with treating sick smokers and tobacco users.
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State, IBM contest $62 million award for canceled welfare contract

December 4, 2013
Dave Stafford
Indiana Court of Appeals judges spent the better part of a 90-minute oral argument Nov. 25 focused on whether a trial judge’s order applied the proper legal standards in awarding $62 million to IBM after the state canceled its $1.3 billion contract to overhaul Indiana’s welfare administration.
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Notre Dame refiles suit against Obamacare ‘contraception mandate’

December 3, 2013
IL Staff
The University of Notre Dame has refiled a federal lawsuit seeking to block enforcement of the so-called contraception mandate included in the Patient Protection and Affordable Care Act.
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Denial of SSI reversed for failure to consider mental health

December 3, 2013
Marilyn Odendahl
A woman who claimed disability in part because of her diminished mental health will get another chance to present her case after the 7th Circuit Court of Appeals found the administrative law judge did not properly consider the opinions and testimony regarding the woman’s mental condition.
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Schools get $14 million settlement in ISTA, NEA securities suit

December 3, 2013
IL Staff
Four-year-old litigation over $27 million lost by at least 27 Indiana public school systems that invested in a troubled teachers union-sponsored health insurance plan has concluded with a settlement in which schools will receive about $14 million.
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SCOTUS takes ACA ‘contraception mandate’ cases

November 26, 2013
IL Staff
The U.S. Supreme Court on Tuesday agreed to hear two cases that could determine whether companies that provide health insurance to employees can be required under the new health care law to provide coverage for birth control.
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Order for IBM to pay subcontractor in state suits affirmed

November 26, 2013
Dave Stafford
An appeals court Tuesday affirmed trial court orders that IBM pay a subcontractor for costs it incurred related to lawsuits over the failed $1.3 billion Family and Social Services Administration modernization contract.
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IBM seeks greater judgment; state claims $62 million award erroneous

November 25, 2013
Dave Stafford
A $62 million judgment against the state for canceling a contract with IBM to overhaul Indiana’s social services administration is clearly erroneous, an attorney for the state argued Monday, while an IBM lawyer argued the company was entitled to even greater damages.
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Criminal code study committee sets 2 December meeting dates

November 25, 2013
IL Staff
The Criminal Law and Sentencing Policy Study Committee will hold two final meetings in December – Dec. 10 and 19 – to look at funding and sentencing.
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Conour assets raise more than $105,000 at auction

November 22, 2013
Dave Stafford
An auction of art, wine and household furnishings seized from the former Carmel home of convicted ex-attorney William Conour fetched more than $105,000, most of which will go toward restitution for his client victims.
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Senate votes to change filibuster rule

November 22, 2013
Jennifer Nelson
The U.S. Senate has voted to change how many votes are required to break a filibuster to approve executive and judicial nominees, reducing the threshold to the simple majority of 51. The change came about after several nominees were blocked by Republicans.
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Foster child’s claim against health center falls outside Medical Malpractice Act

November 21, 2013
Jennifer Nelson
A Morgan County court erred when it granted Adult and Child Mental Health Center Inc.’s motion to dismiss a lawsuit filed on behalf of a child in foster care who suffered severe brain damage from a near-drowning. The center argued the complaint was subject to the Indiana Medical Malpractice Act.
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Youth alternative detention program expanding

November 21, 2013
Jennifer Nelson
The state’s Juvenile Detention Alternatives Initiative is expanding into more counties, the Indiana Supreme Court announced Thursday, thanks to more than $5 million in funding appropriated by the Legislature.
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Local law firm reaps $6.3M in fees from BMV class-action suit

November 20, 2013
Scott Olson, IBJ Staff
A local law firm will receive $6.3 million as part of a class-action lawsuit that accused the Indiana Bureau of Motor Vehicles of overcharging for driver’s licenses.
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Court rules in favor of subcontractor suing Fort Wayne

November 20, 2013
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that a trial court properly granted summary judgment for a subcontractor seeking payment from the city of Fort Wayne after the general contractor working on the city park project declared bankruptcy.
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Indiana House speaker outlines agenda for 2014 legislative session

November 20, 2013
IL Staff
Addressing the Indiana House of Representatives, Speaker Brian Bosma encouraged legislators to move forward with the new criminal code and to provide the funding for community corrections programs.
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JPMorgan enters into $13B settlement with states, federal government

November 20, 2013
IL Staff
JPMorgan has agreed to pay a record $13 billion to settle federal and state civil claims arising out of its packaging, selling, marketing and issuance of residential mortgage-backed securities, the Department of Justice announced Tuesday.
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'Contraception mandate' goes before SCOTUS

November 20, 2013
Dave Stafford
A Madison family business is at the forefront of a legal challenge the Supreme Court of the United States will conference over Nov. 26 – whether the Patient Protection and Affordable Care Act “contraception mandate” violates the religious liberties of company owners whose faith proscribes birth control.
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US Supreme Court takes pass on cyberspying petition

November 19, 2013
Marilyn Odendahl
Although the Supreme Court of the United States decided Monday, not to consider a petition challenging the legality of the National Security Agency’s surveillance activities, one cybersecurity expert at IU expects the issue will eventually come before the nine justices.
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Second session of 118th General Assembly begins Tuesday

November 15, 2013
IL Staff
The Indiana General Assembly will mark the official start of the 2014 legislative session with Organization Day on Nov. 19.
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IU Maurer professor offers recommendations for reforming the NSA

November 15, 2013
IL Staff
To prevent the National Security Agency’s continued illegal surveillance and collection of metadata on foreign and domestic individuals, legal scholar Fred Cate is recommending more transparency and increased monitoring.
 
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Justices affirm dismissal of Logansport power plant suit

November 13, 2013
Dave Stafford
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
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Sen. Landske diagnosed with lung cancer, will stay in office

November 13, 2013
IL Staff
Indiana State Sen. Sue Landske (R-Cedar Lake) announced Wednesday that she will undergo treatment for lung cancer but intends to continue to serve after almost 30 years in the Senate.
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Criminal code committee still trying to answer funding and sentencing questions

November 7, 2013
Marilyn Odendahl
The Indiana General Assembly passed an overhaul of the state’s criminal code during 2013 but left two major issues for the upcoming session – funding and sentencing.
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Appellate arguments in cancelled IBM contract set for Nov. 25

November 7, 2013
Jennifer Nelson
A panel on the Indiana Court of Appeals will hear arguments later this month on whether the state should have to pay more than $62 million to IBM after cancelling its billion-dollar contract with the company to modernize Indiana’s welfare system.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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