Practice areas
Justices find statute doesn't apply to landfill facility
February 10, 2011
Jennifer NelsonThe Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that
a new law doesn’t apply to the facility or require it to get a new permit.
MoreJudge reverses probate court in first opinion
February 9, 2011
Jennifer NelsonJudge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed
the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a
deceased woman’s brother on an annuity contract.
MoreJustices uphold modification of physical custody to father
February 8, 2011
Jennifer NelsonA majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s
decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to
support the modification.
MoreFundraiser to benefit Legal Aid in Tippecanoe County
February 8, 2011
IL StaffThe Legal Aid Outback lunch and auction will be held Feb. 23 at Outback Steakhouse in Lafayette. Proceeds from the event benefit
Legal Aid Corporation of Tippecanoe County, a nonprofit that provides low-cost legal assistance to low-income county residents
on family law matters.
MoreCOA reverses father's visitation of adopted daughter
February 7, 2011
Jennifer NelsonAlthough one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his
daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case
to “avoid equally unjust results in future cases.”
MoreJudges affirm judgment for real estate agent on negligence claim
February 4, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers
when he communicated with them personally about accepting his clients’ offer.
MoreFlorida judge rules health-care law unconstitutional
January 31, 2011
Jennifer NelsonA federal judge in Florida has found that Congress has exceeded its authority in passing sweeping health-care reform in 2010
by including the individual mandate that people must purchase health insurance by 2014 or pay a penalty. Indiana had joined
with 25 other states, two individuals, and the National Federation of Independent Business to challenge the law.
MoreFederal judge rules against state on immigrant paternity case
January 28, 2011
Michael HoskinsSitting at the crossroads between immigration law, paternity establishment, and the controversy on how the United States handles
illegal immigrants, a federal judge in Indianapolis has ordered state health officials to stop denying unmarried immigrant
parents without a Social Security number the ability to file an affidavit establishing paternity.
MoreLaw firm files class-action lawsuit for estate planning UPL
January 25, 2011
Michael HoskinsA Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court
last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys
estimate could be $10 million to $20 million in damages.
MoreFederal act preempts state law claims
January 25, 2011
Jennifer NelsonThe Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.
Judges order consideration of discovery demands
January 24, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery
demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.
MoreHospitals seek Medicare reimbursement
January 20, 2011
Jennifer NelsonSeveral Indiana hospitals are suing the Secretary of the U.S. Department of Health and Human Services over a Medicare reimbursement
dispute.
MoreCourt clarifies rules relating to filing deadlines
January 17, 2011
Michael HoskinsFiling deadlines are important for attorneys in any case. But some recent confusion in a child custody appeal brought to light
some uncertainty about how the state’s appellate rules compute some of those deadlines when “non-business days”
or “calendar days” are applied to the motions practices before the Court of Appeals and Supreme Court.
MoreCOA panel divided on trial court involvement with subpoena
January 12, 2011
Jennifer NelsonThe Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply
with a subpoena issued by arbitrators in New York.
MoreBrizzi disciplinary case poses 'actual prejudice' question
January 7, 2011
Michael HoskinsFormer Marion County prosecutor Carl Brizzi took the stand today, defending himself against attorney misconduct charges alleging
that he violated professional conduct rules by public statements made on pending cases.
MoreJustices take case involving stillborn fetus and Med-Mal Act
January 4, 2011
Jennifer NelsonThe Indiana Supreme Court granted transfer to a case in which the Indiana Court of Appeals ruled a mother of a stillborn fetus
satisfied the actual victim requirement under the Medical Malpractice Act.
MoreSupreme Court posts foreclosure best practices
January 4, 2011
Rebecca BerfangerThe Indiana Supreme Court has posted best practices regarding mortgage foreclosures filed in Indiana. The Indiana attorney general also filed
a petition with the Supreme Court supporting the best practices and asking for the Supreme Court to require
those recommendations in mortgage foreclosure proceedings.
MoreSouthern District bankruptcy judge seeks reappointment
January 3, 2011
Michael HoskinsAfter 14 years on the federal bankruptcy bench, U.S. Judge Anthony J. Metz III in the Southern District of Indiana is seeking
another term.
MoreJustices reaffirm uniform-contract interpreation approach
December 29, 2010
Michael HoskinsThe Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather
than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation
insurance coverage case.
MoreCOA offers suggestion about judicial notice rule
December 29, 2010
Michael HoskinsA paternity and child custody case has given the Indiana Court of Appeals a chance to examine a newly amended evidence rule
for the first time, while simultaneously offering guidance to trial judges about using publicly accessible information to
dispose of cases.
MoreCOA: Trust not bound by ISTA employment arbitration clause
December 28, 2010
Michael HoskinsThe Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees
for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses
outlined in their ISTA employment contracts.
MoreIndianapolis attorney 'trailblazer' for civil rights
December 27, 2010
Jennifer NelsonThe Indianapolis lawyer who worked on several notable cases in Indianapolis history, including a lawsuit which led to the
desegregation of Indianapolis Public Schools, died Sunday.
MoreCourt rules on artificial insemination issues
December 27, 2010
Jennifer NelsonA divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two
children conceived by artificial insemination.
MoreNew Tax Court judge 'honored and humbled' by appointment
December 23, 2010
Michael HoskinsA longtime lawyer and tax specialist received an early Christmas gift this week, learning that she’ll be the state’s
newest Tax Court judge and the first woman to hold a seat on that bench.
MoreJustices order refunds in estate planning UPL case
December 22, 2010
Michael HoskinsThe Indiana Supreme Court is shaking its proverbial finger at a company it found had engaged in the unauthorized practice
of law, making it clear that the court’s orders must be followed or non-compliant litigants will be sanctioned.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!