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FSSA able to terminate 9-year Medicaid provider contract without cause

April 7, 2014
Marilyn Odendahl
An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
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Judgment for investment advisor upheld as breach, wage claim

April 7, 2014
Dave Stafford
Rulings in favor of an investment adviser who claimed breach of contract and violation of the Wage Claims Act were affirmed Monday by the Indiana Court of Appeals, as was his request for appellate attorney fees.
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Man who sped through construction zone loses appeal

April 7, 2014
Dave Stafford
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
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Workshop designed to help educators teach students about the courts

April 7, 2014
Marilyn Odendahl
Teachers from across the state will be getting an up-close view of the judicial system through a one-day workshop hosted by the Indiana Supreme Court and the Indiana Bar Foundation.
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Mom’s one-time meth use does not support CHINS case

April 7, 2014
Dave Stafford
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
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Hearing on motion for TRO on marriage statute Thursday

April 7, 2014
Marilyn Odendahl
The multiple challenges to Indiana’s ban on same-sex marriage are picking up steam with the federal court scheduling arguments regarding a temporary restraining order and the state filing a motion to dismiss one of the lawsuits.
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Divided high court affirms DNA unnecessary to establish paternity

April 4, 2014
Dave Stafford
Indiana Supreme Court justices split 3-2 in affirming that DNA evidence is not required to establish paternity.
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7th Circuit affirms 5-year sentence in arson-for-hire

April 4, 2014
Dave Stafford
A woman sentenced to serve five years in prison for recruiting another man to set fire to her home didn’t receive an unjust sentence even though it was three to four times longer than federal guidelines, the 7th Circuit Court of Appeals ruled Thursday.
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Justices uphold ruling for insurer in negligence claim

April 4, 2014
Dave Stafford
Homeowners’ claims after a fire that their insurer was negligent because a policy didn’t fully cover replacement costs was time-barred because the policy limits were discoverable at the time the policy was issued, the Indiana Supreme Court ruled Thursday.
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State seeks further discipline against suspended lawyer Paul Page

April 3, 2014
Dave Stafford
The Indiana Supreme Court Disciplinary Commission has filed a complaint against suspended Indianapolis attorney and developer Paul Page that could result in further sanctions against his law license.
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Former JA boss loses defamation appeal naming FedEx, 500 Festival

April 3, 2014
Dave Stafford
The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.
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Memory of Fort Wayne attorney honored with endowed scholarship at Indiana Tech Law School

April 3, 2014
Marilyn Odendahl
The Fort Wayne law firm of Shambaugh Kast Beck & Williams LLP has endowed a $25,000 scholarship to Indiana Tech Law School, giving a boost to the law school which welcomed its inaugural class in August 2013.
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AG files Medicaid fraud charges against Anderson dental office owner and employees

April 2, 2014
Marilyn Odendahl
Nine individuals from an Anderson dental office, including three dentists and the owner, are facing criminal charges for allegedly obtaining hundreds of thousands of dollars from Medicaid illegally, the Indiana attorney general announced Wednesday.
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Same-sex couple’s bid for recognition expedited due to grave illness

April 2, 2014
Dave Stafford
The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.
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Court upholds Plymouth pay policy challenged by reservist

April 2, 2014
Dave Stafford
The city of Plymouth’s policy on longevity pay withstood a challenge by a police officer who unsuccessfully claimed he was entitled to the full benefit rather than a prorated share for time he spent deployed as a U.S. Air Force Reservist.
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Social media push boosts calls to Evansville’s legal advice service

April 1, 2014
Marilyn Odendahl
The Evansville legal community, worried that its monthly talk-to-a-lawyer program was losing popularity, turned to the place where it seems everyone gathers – cyberspace.
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Justices strike down partial consecutive sentences

April 1, 2014
Dave Stafford
Indiana trial court judges do not have discretion to impose partial consecutive sentences, the Indiana Supreme Court ruled Tuesday.
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Wine bar’s programmable cards not subject to tax exemption

April 1, 2014
Dave Stafford
An Indianapolis wine bar’s programmable cards that customers purchase to dispense samples are not subject to resale tax exemption, the Indiana Tax Court ruled Monday.

 
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Indiana Law Review focuses on data privacy

April 1, 2014
IL Staff
“Data Privacy in the Digital Age” is the focus of the Indiana Law Review Symposium Friday at the Indiana University Robert H. McKinney School of Law in Indianapolis.
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Man has second chance to get OWI charges dropped

April 1, 2014
Marilyn Odendahl
A Jefferson County man who was brought to court for operating a vehicle while intoxicated more than two years after he was pulled over by police will get another chance to argue that his right to a speedy trial was violated.
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Judge Sarah Evans Barker to take senior status

March 31, 2014
Marilyn Odendahl
After 30 years on the federal bench, Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana has announced her intention to take senior status effective June 30, 2014.
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Court affirms custody modification after mom’s move

March 31, 2014
Dave Stafford
A Vincennes father lost his appeal of a modification of custody order that granted sole physical custody to his child’s mother after she moved 180 miles away to start a new family with her fiancé.
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Three-way opinion affirms marijuana conviction

March 31, 2014
Dave Stafford
Three Court of Appeals judges each wrote opinions but affirmed a Grant County man’s conviction of Class D felony possession of marijuana.
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Judgment for IRS reversed, remanded

March 31, 2014
Dave Stafford
A trial court was not the proper forum to grant summary judgment in favor of the Internal Revenue Service in a dispute over a land contract that had been an issue in a prior bankruptcy case, the Indiana Court of Appeals ruled Monday.
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District Court properly handles expert testimony by non-expert witnesses

March 31, 2014
Marilyn Odendahl
Although neither witness called to testify in a criminal trial was an expert, the 7th Circuit Court of Appeals ruled the District Court did not err by barring the testimony of the defense witness while allowing the statements of the government witness.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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