Fort Wayne

Contraception mandate, again, found not to burden religious beliefs

September 4, 2015
Marilyn Odendahl
A split 7th Circuit Court of Appeals has upheld its own precedent, finding a contraception provision does not violate religious freedom. But the ruling drew a sharp, 35-page dissent from one judge.
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COA affirms that petition is not a fishing expedition

September 4, 2015
Marilyn Odendahl
The request to depose three elderly witnesses is not an attempt by a landowner to fish for facts, the Indiana Court of Appeals has ruled.
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Justices take case challenging domestic battery conviction

September 1, 2015
Dave Stafford
A man’s convictions of Level 6 domestic battery and battery for his violent acts during a family reunion at a bowling alley will get a second look from the Indiana Supreme Court.
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Third lawsuit filed in Medical Informatics data hack

August 13, 2015
 Associated Press
A third lawsuit seeking class-action status has been filed against a Fort Wayne-based medical software company over a data breach involving patient information.
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Judge cuts amount diocese must pay ex-teacher to $403,608

August 10, 2015
 Associated Press
A federal judge in Fort Wayne has reduced to $403,608 the amount a Roman Catholic diocese must pay a former northern Indiana teacher who was fired after undergoing fertilization treatment.
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Pawnshop owner not victim of prosecutorial misconduct

August 7, 2015
Marilyn Odendahl
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
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Indiana medical company sued over data breach

August 7, 2015
 Associated Press
Two lawsuits have been filed in federal court in Fort Wayne seeking class-action status on behalf of patients who have had their data compromised by Medical Informatics Engineering.
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Risk to student in school religion case merits concealing mom’s name

August 4, 2015
Dave Stafford
The mother of a Fort Wayne public school student may proceed without identifying herself in a federal lawsuit claiming the second-grader was ostracized and shamed by a teacher because he told a classmate who inquired about his faith that he didn’t believe in God. The mother said identifying herself would disclose her son’s name, subjecting him to further harm and public criticism.
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Lawyer who threatened rape fires back in discipline reply

July 29, 2015
Dave Stafford
A Fort Wayne lawyer who was charged after threatening to rape his opponent in a divorce case admits he was wrong to do that, but he says he shouldn’t be punished by the Indiana Supreme Court Disciplinary Commission because the threat wasn’t literal and he was protecting his client.
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Lawyer who threatened rape fires back in discipline reply

July 15, 2015
Dave Stafford
A Fort Wayne lawyer who was charged after threatening to rape his opponent in a divorce case admits he was wrong to do that, but he says he shouldn’t be punished by the Indiana Supreme Court Disciplinary Commission because the threat wasn’t literal and he was protecting his client.
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Fort Wayne hospital loses Medicaid payment appeal

July 14, 2015
Dave Stafford
Parkview Hospital in Fort Wayne was not wrongly denied $27 million in Medicaid payments it sought from the state when it failed to properly and timely document the claims, the Indiana Court of Appeals affirmed Tuesday.
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Incomplete continuity slip gets conviction vacated

July 13, 2015
Marilyn Odendahl
A Fort Wayne man’s argument that his defense strategy was upended when the government waited until mid-trial to produce a complete chain of custody document convinced the 7th Circuit Court of Appeals to overturn his conviction
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Former St. Joseph County couple may divorce in Hamilton County

June 16, 2015
Dave Stafford
A couple married 45 years who lived in St. Joseph County until the husband moved several months ago may divorce in Hamilton County, where he moved, the Indiana Court of Appeals ruled Tuesday.
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Failure to buckle a seatbelt cannot be used to prove contributory negligence

May 19, 2015
Marilyn Odendahl
The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state's Seatbelt Act may not be used to prove contributory negligence.
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Records: Ex-IPFW chancellor, Purdue settled suit for $52,500

April 15, 2015
 Associated Press
Documents say Purdue University paid $52,500 to a former Fort Wayne campus chancellor in a settlement over an age discrimination lawsuit.
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Purdue spent $320K fighting discrimination lawsuits

April 14, 2015
 Associated Press
Purdue University spent more than $320,000 in legal fees battling state and federal lawsuits filed by the former chancellor of Indiana University-Purdue University Fort Wayne.
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Report: Ex-Purdue chancellor’s forced retirement bungled

February 23, 2015
 Associated Press
A newly released report that Purdue University had fought in court to keep secret concluded that school officials bungled the forced retirement of Indiana-Purdue Fort Wayne's former chancellor, causing his departure to turn into an “ugly situation.”
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Settlement reached in former IPFW chancellor's lawsuit

February 4, 2015
 Associated Press
Attorneys for Purdue University say the school has settled a federal lawsuit over the forced retirement of Indiana-Purdue Fort Wayne's former chancellor.
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Indiana diocese asks judge to toss jury's in vitro verdict

January 21, 2015
 Associated Press
A Roman Catholic diocese wants a federal judge to throw out a jury's verdict that it discriminated against a former teacher fired for trying to get pregnant through in vitro fertilization.
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Teacher fired for in vitro seeks attorney fees

January 15, 2015
 Associated Press
A teacher who won a lawsuit against the Roman Catholic Diocese of Fort Wayne-South Bend after being fired for trying to get pregnant through in vitro fertilization is now seeking about $756,000 in attorney fees.
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Judge cuts damages for teacher fired for in vitro treatment

January 13, 2015
 Associated Press
A federal judge has cut by more than two-thirds the damages awarded to an Indiana teacher who was fired by a Roman Catholic diocese for trying to get pregnant through in vitro fertilization.
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Indiana diocese wants ex-teacher's jury award cut

December 31, 2014
 Associated Press
A northern Indiana Roman Catholic diocese wants to reduce a jury's nearly $2 million award to a former teacher fired by church officials for trying to get pregnant through in vitro fertilization.
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Attorneys seek competency exam in homicide case

December 8, 2014
 Associated Press
Attorneys for a 20-year-old Fort Wayne man charged with killing a woman in a cemetery and setting her body on fire have requested mental health experts examine him to determine if he is competent to stand trial.
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7th Circuit declines collateral-order review in infertility lawsuit

December 2, 2014
Marilyn Odendahl
A Fort Wayne woman’s discrimination lawsuit against the Diocese of Fort Wayne-South Bend will continue despite the Catholic Church’s attempt to get the 7th Circuit Court of Appeals to intervene before trial and dismiss the complaint on religious freedom grounds.
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Indiana Tech names new law school dean

November 25, 2014
Marilyn Odendahl
Indiana Tech Law School has tapped Charles Cercone to serve as dean, concluding a search that began in May.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. 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

  4. 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.

  5. 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.

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