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Simon sues state over Amazon sales tax exemption

November 4, 2011
IL and IBJ Staff
A Marion Superior lawsuit is accusing Indiana of violating the state constitution by not collecting sales taxes from Amazon.com Inc.
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Justices decline to reconsider out-of-state placements ruling

November 4, 2011
Michael Hoskins
The Indiana Supreme Court has denied a rehearing petition from the state attorney general’s office to revisit a June ruling that upheld three statutes involving juvenile judges’ authority on out-of-state placements.
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Court examines future medical care in workers' comp case

November 4, 2011
Michael Hoskins
The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.
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Symposium marks anniversary of Nunn-Lugar Act

November 4, 2011
IL Staff
Indiana University will mark the 20th anniversary of the Nunn-Lugar Cooperative Threat Reduction Program with a symposium Nov. 11 on its Bloomington campus.
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Mother files suit challenging school bus fee

November 3, 2011
Jennifer Nelson
A woman in Marion County has filed a lawsuit against a community school corporation because she claims the fee imposed for her children to ride the bus to school interferes with their constitutional right to an education.
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Northern District seeks comment on revising, restyling rules

November 3, 2011
IL Staff
The U.S. District Court for the Northern District of Indiana is now taking comments on proposed changes to its local rules.
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COA allows insurance dispute to proceed

November 3, 2011
Jennifer Nelson
The Indiana Court of Appeals found disputes of material fact in an insurance case in which the homeowners made misrepresentations in their application, ordering the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.
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Tax Court denies assessor's motion to dismiss appeal

November 2, 2011
Jennifer Nelson
Indiana Tax Judge Martha Wentworth denied the Marion County assessor’s motion to dismiss two petitioners' original tax appeal, finding the parties properly served a copy of the petition with the attorney general’s office.
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MCBA launches Facebook page

November 2, 2011
IL Staff
The Marion County Bar Association has launched a Facebook page and Twitter account for the purpose of increasing awareness of the organization and directing people to its website, www.mcbaindy.org.
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Bankruptcy courts amend local rules

November 2, 2011
IL Staff
The United States Bankruptcy Court for the Northern District of Indiana has adopted revisions to Local Rule B-1009-1. The United States Bankruptcy Court for the Southern District of Indiana has amended its Local Rule B-3007-1.
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100 tort claim notices filed in State Fair stage collapse

November 2, 2011
Jennifer Nelson
As of Nov. 2, the Office of the Indiana Attorney General has received 100 tort claim notices related to the stage collapse at the Indiana State Fair in August. The deadline for submission of the tort claim form was Nov. 1.
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Former counsel to the president to speak on war

November 1, 2011
IL Staff
A former associate counsel to the president of the United States will speak at a Federalist Society event Nov. 8 on war powers and the federal government.
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7th Circuit rejects egg farm's arguments

November 1, 2011
Jennifer Nelson
The insurers of a large-scale egg producer in southern Indiana accused of fixing the price of eggs don’t have to defend the farm on the antitrust complaint because the farm had not raised a defense that would be covered under the policies.
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Judges affirm employer's attendance policy is unreasonable

November 1, 2011
Jennifer Nelson
A company lost on appeal its argument that it had just cause to fire an employee after seven absences from work. The Indiana Court of Appeals agreed with previous findings that the company’s attendance policy is unreasonable.
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COA: enhancement isn't an ex post facto violation

October 31, 2011
Jennifer Nelson
The enhancement of a man’s conviction of operating a vehicle while intoxicated because of a prior OWI conviction did not constitute an ex post facto violation, the Indiana Court of Appeals held Monday. The man argued it was a violation because his prior conviction occurred before the enactment of the enhancement statute.
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Judges find certain property not included in sheriff's sale

October 31, 2011
Jennifer Nelson
The Indiana Court of Appeals relied on a decision from Colorado to rule on a case involving the sale of business personal property at a sheriff’s sale when the notice only mentioned the sale of real property.
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7th Circuit fees change Tuesday

October 31, 2011
IL Staff
Some fees at the United States Court of Appeals will change Nov. 1, including the amount for audio recording and fee for the admission of an attorney.
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Greenwood attorney is world's youngest judge

October 31, 2011
Jennifer Nelson
Among the records for longest carpet of flowers laid and the world’s shortest cat you’ll soon find the name of a Johnson County attorney.
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Brief filed in NCAA scholarship appeal

October 28, 2011
Michael Hoskins
Two former college athletes who lost their scholarships because of injuries are now arguing to the 7th Circuit Court of Appeals that they would have received multi-year athletic scholarships covering the costs of their bachelor’s degrees if it wasn’t for the “anti-competitive” National Collegiate Athletic Association Division I bylaws.
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COA upholds judgment in auction of towed car

October 28, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a father and daughter whose car was towed and later sold at auction, finding the towing company didn’t comply with the 15-day waiting period after placing notice in the newspaper before selling the car.
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Justices vacate transfer

October 28, 2011
IL Staff
The Indiana Supreme Court has decided not to take the case of a man who was convicted of intimidation, driving drunk and possession of a firearm by a serious violent felon.
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Plea reached in first-ever common construction wage prosecution

October 28, 2011
IL Staff
The Marion County Prosecutor’s Office has reached a plea agreement in a common construction wage violation involving an Indianapolis contractor, believed to be the first prosecution of this kind in Indiana.
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California judge who struck down Proposition 8 to speak in Bloomington

October 28, 2011
IL Staff
A former judge who struck down Proposition 8, the California voter initiative banning same-sex marriage, will deliver a lecture titled "On the Bench and in the Game" at Indiana University Maurer School of Law Nov. 3.
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IU Maurer partners with Oxford for new program

October 27, 2011
IL Staff
The Indiana University Maurer School of Law has signed an agreement with the Oxford Internet Institute, a department of the University of Oxford, creating a new program that will allow students to earn a certification in information law and policy from the British university and a Master of Laws degree from IU Maurer School of Law.
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2 Supreme Court staff to serve on national boards

October 27, 2011
IL Staff
Two Indiana Supreme Court staff members have been chosen to fill leadership roles on national boards.
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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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