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Dealership gets court to dismiss claims made by Volvo

October 12, 2012
Jennifer Nelson
A federal judge in Indianapolis has ruled in favor of Andy Mohr Truck Center in two lawsuits stemming from a broken business relationship between the dealer and Volvo Trucks North America.
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2 indicted for defrauding company of $1.6M

October 12, 2012
IL Staff
A Fishers, Ind. man, along with a businessman in California, have been charged in the Southern District of Indiana with stealing more than a million dollars from the Indianapolis-area branch of power tool manufacturer Stanley Black and Decker.
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Delayed ordinance publication doesn’t affect power to annex

October 12, 2012
Jennifer Nelson
Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should have barred the annexation.
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COA affirms 5 child molesting convictions

October 11, 2012
Jennifer Nelson
The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.
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Attorneys not entitled to fees after agency drops order

October 11, 2012
Jennifer Nelson
Addressing for the first time what qualifies as a “prevailing party” under the Equal Access to Justice Act, the 7th Circuit Court of Appeals sided with several other appellate courts that have ruled on the issue.
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Court rules in favor of state in taking of property for I-69

October 11, 2012
Jennifer Nelson
For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.
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New LSA director, deputy director named

October 11, 2012
IL Staff
The Legislative Council has selected George Angelone to serve as executive director of the Legislative Services Agency. Angelone takes over for Jack Ross, who will retire at the end of next month.
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Judges order Social Security Administration to take another look at man’s claim

October 10, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed the denial of a man’s request for disability benefits from the Social Security Administration because it found the administrative law judge didn’t adequately explain why the man hadn’t met requirements for a presumptive disability.
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Court upholds imposition of court costs

October 10, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
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COA split over whether DCS has authority to interview sibling

October 10, 2012
Jennifer Nelson
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
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Zoeller to speak at DCS study committee Thursday

October 10, 2012
IL Staff
Indiana Attorney General Greg Zoeller is scheduled to appear before the Department of Child Services Interim Study Committee meeting Thursday afternoon.
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Human rights law clinic leaders to visit IU McKinney

October 10, 2012
IL Staff
The attorney leaders of the Legal Aid Centre of Eldoret in Kenya will visit the Indiana University Robert H. McKinney School of Law Oct. 17 to discuss the successes of the human rights law clinic.
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Lady Justice gets 'green' makeover

October 10, 2012
Marilyn Odendahl
The greening – literally – of the rooftop of the Indianapolis federal courthouse is part of a $66.8 million upgrade of the building with funds coming from the American Recovery and Reinvestment Act. Work on the roof along with additional upgrades to increase the energy efficiency of the facility as well as to improve the public safety system began in December 2009 and was substantially complete on Aug. 27, 2012, according to the U.S. General Services Administration.
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Too little diversity among attorneys

October 10, 2012
Marilyn Odendahl
St. Joseph County Bar Association Diversity Committee recently organized a Diversity and Inclusion Summit to shed light on the low number of minorities in the law and bounce around ideas about attracting more minorities, women, and gays and lesbians to the practice of law.
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Indiana Department of Child Services urged to set course for new direction

October 10, 2012
Marilyn Odendahl
With a new governor taking over Indiana’s executive branch in January, what changes, if any, will come to the Department of Child Services are unknown. However, some contend that should not stop the agency from addressing criticism and implementing new policies or programs now.
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After 5 years, state court data system Odyssey isn't halfway home

October 10, 2012
Dave Stafford
In the Greek epic “The Odyssey,” Homer’s hero Odysseus takes 10 years to return home after the Trojan War. Indiana’s Odyssey might take longer to reach its goal. Odyssey, the state-backed court case management system that aims to connect and modernize more than 400 trial courts, is continuing its laborious progress, locality by locality.
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Death penalty foe Foster pumps up federal defenders

October 10, 2012
Dave Stafford
Taking charge at Indiana Federal Community Defenders Inc. in the Southern District, Monica Foster's seeking, and getting, bigger caseloads.
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From iPhones to networks, law firm spending on systems ticks up

October 10, 2012
Dave Stafford
If your firm hasn’t bought you a new smartphone, provided better remote access options, or replaced an aging monitor lately, you might nudge the purchasing department.
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Criminal recklessness code covers firing gun into car

October 9, 2012
Dave Stafford
A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former gang ally was a passenger in Goshen.
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COA finds church member’s lack of brotherly love not sufficient to uphold conviction

October 9, 2012
Marilyn Odendahl
A criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.
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Indiana justices take no new cases

October 9, 2012
IL Staff
The Indiana Supreme Court rejected requests for transfer in 14 cases for the week ending Oct. 5, according to the transfer list released Tuesday.
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Divided appeals court tosses Boonville annexation

October 9, 2012
Dave Stafford
The Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.
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COA will not reweigh California environmental cleanup decisions

October 9, 2012
Dave Stafford
The Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had no responsibility to cover environmental cleanup costs at former Thomson plants.
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Court of Appeals reverses and remands inmate’s request for kosher meals

October 9, 2012
Marilyn Odendahl
A Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department of Correction, but his request for kosher meals will get a second review.  
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Divided appeals court affirms disabled firefighter’s enhanced PERF benefit

October 9, 2012
Dave Stafford
A Brownsburg firefighter is entitled to disability benefits that a trial court enhanced after an appeal from the local pension board, a divided court of appeals panel ruled Tuesday.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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