Oral arguments

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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Program provides lawyers trial run at oral argument

November 6, 2013
Dave Stafford
A novel program offered by the Indianapolis Bar Association and the Indiana University Robert H. McKinney School of Law in Indianapolis, the Indiana Appellate Institute gives lawyers a trial run in which they can practice their arguments before a panel of volunteer lawyers and sometimes former judges and justices.
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South Bend nudity case goes from Supreme Court to the stage

October 23, 2013
Marilyn Odendahl
Following the completion of arguments before the Supreme Court of the United States, Indiana attorney Wayne Uhl found himself in a gaggle of reporters on the outside plaza. The 1991 case with its questions about nude dancing, pasties, G-strings and First Amendment rights had, not surprisingly, attracted national media interest.
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Justices weigh $2.7 billion Rockport deal

September 11, 2013
Dave Stafford
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Sept. 5. Attorneys for and against the proposed plant pleaded that terms of the contract were on their side.
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‘Appeals on Wheels’ takes teacher license suspension case to Franklin

September 6, 2013
IL Staff
Franklin College will host a traveling Court of Appeals oral argument Sept. 17 in which a teacher appeals the suspension of her license by a Department of Education administrative law judge.
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Justices weigh contract dispute in $2.7 billion Rockport coal-to-gas plan

September 5, 2013
Dave Stafford
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Thursday.
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Holiday World family takes dispute to Court of Appeals

August 6, 2013
Marilyn Odendahl
An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.
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Justices schedule high-profile arguments

June 14, 2013
Dave Stafford
Justices will waste little time getting to high-profile cases when they hear a new slate of oral arguments after Labor Day. The Indiana Supreme Court has scheduled 20 arguments beginning Sept. 5 and continuing for the next few months.
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Justices look to set arguments in Rockport, blogger’s intimidation cases

June 10, 2013
IL Staff
The Indiana Supreme Court may hold arguments in September on the case involving the controversial Rockport coal gasification plant as well as on the case of a Dearborn County man who was convicted of intimidation of a judge based on online rants.
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Complex wrongful-death legal fee appeal puzzles judges

May 28, 2013
Dave Stafford
Judges on a panel of the Indiana Court of Appeals were stumped at times Friday in a case regarding legal fees due from the Indiana Patient’s Compensation Fund to the estate of a woman who won a wrongful death judgment after she died from burns at a care facility.
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On the road, jurists give public access to appellate cases

May 8, 2013
Dave Stafford
It’s no accident that on a college campus in Richmond recently, the Indiana Supreme Court heard a case that involves allegations of hazing and potential liability for an incident at a Wabash College fraternity.
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Justices will visit Lake County for arguments in drug case

May 3, 2013
IL Staff
The Indiana Supreme Court travels to Merrillville High School May 9 for oral arguments dealing with the admittance of drug evidence after a vehicle search.
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Justices focus on hazing, duty in Wabash fraternity case

April 24, 2013
Dave Stafford
Indiana Supreme Court justices on Tuesday quizzed attorneys about what constitutes hazing and whether Wabash College and a fraternity chapter owed a duty to protect a pledge injured when fraternity brothers placed him in a chokehold then dropped him.
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Indiana justices hit the road to hear hazing arguments

April 17, 2013
IL Staff
The Indiana Supreme Court will travel to Indiana University East in Richmond next week to hear arguments in a hazing lawsuit involving Wabash College.
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Critics: Indiana leads from wrong side in same-sex marriage cases

April 10, 2013
Dave Stafford
Critics have called out Attorney General Greg Zoeller for taking a lead role in advocating against same-sex marriage. Indiana wrote or co-wrote amicus briefs signed by other states taking that position in the cases the heard by the Supreme Court of the United States.
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Bottling up generics

April 10, 2013
Dave Stafford
The Supreme Court of the United States recently heard a government challenge of drugmakers' "pay to delay" practice.
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Indiana solicitor general: ‘Good day’ for traditional marriage at SCOTUS

March 26, 2013
Dave Stafford
Indiana and other states against same-sex marriage appeared to make a strong impression on the U.S. Supreme Court justices Tuesday, Indiana Solicitor General Thomas Fisher said after watching arguments in Washington.
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Laptops, tablets now allowed in Indiana Supreme Court

January 28, 2013
Dave Stafford
You now may use a laptop, iPad, and other tablets or computing devices inside oral arguments at the Indiana Supreme Court, so long as you get permission first, sit in the back row and keep it quiet.
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Dickson encourages compromise on House Democrat fines suit

January 3, 2013
Dave Stafford
Indiana Chief Justice Brent Dickson implored litigants to resolve a lawsuit over the collection of fines levied on House Democrats who walked out of the Legislature in 2011 and 2012.
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Justices decide to allow big exhibit at arguments

January 2, 2013
Dave Stafford
The Indiana Supreme Court has reversed an order it issued Monday that prevented an appellant from bringing in a utility truck bucket to arguments scheduled Thursday.
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Public-record email case focuses on scope of requests

January 2, 2013
Dave Stafford
A dustup over access to public records reveals an uncertain standard exists for what is considered a reasonable request to disclose public officials’ emails under Indiana public record laws.
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Powers collide in utility rate case charged by ethics scandal

December 19, 2012
Dave Stafford
Undue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.
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Indiana justices consider constitutional challenge to Choice Scholarship Program

December 5, 2012
Dave Stafford
Indiana’s test case for school vouchers could have implications for other states, legal observers said after the state Supreme Court heard oral arguments in a case that challenges the constitutionality of school vouchers.
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State urges justices to draw ‘bright line’ on school choice vouchers

November 21, 2012
Dave Stafford
Indiana Solicitor General Thomas Fisher on Wednesday urged the Indiana Supreme Court to uphold the state’s school choice voucher program, arguing that it did not constitute an unconstitutional government support of religion.
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Indiana sex offender parole conditions at issue

November 21, 2012
Dave Stafford
Indiana appellate judges are grappling with sensitive questions about whether the state’s automatic and uniform parole conditions for sex offenders are constitutional.
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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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