Latest News

Company not bound by defiant agent's actions

March 26, 2010
Jennifer Nelson
A trial court erred in finding that a company was bound by its insurance agency's acts even though the agency acted against the company's wishes, the Indiana Court of Appeals ruled today.
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COA: no error in admitting no contest plea

March 25, 2010
Jennifer Nelson
A plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction, the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.
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City court judge resigns, banned from bench

March 25, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted the resignation from the bench of a suspended city court judge accused of theft.
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Judge dissents in eviction case

March 25, 2010
Jennifer Nelson
There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.
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Tax return doesn't require attached appraisal

March 25, 2010
Jennifer Nelson
Indiana code doesn't require an estate to file an appraisal with its inheritance tax return, the Indiana Tax Court decided in two opinions handed down Wednesday.
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Justices: Search didn't violate 4th Amendment

March 24, 2010
Jennifer Nelson
A warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held today.
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Attorney general may fight health-care bill

March 23, 2010
IL Staff
Indiana Attorney General Greg Zoeller is considering options for legally challenging the federal health-care legislation.
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Estate entitled to hearing on cause of fire

March 23, 2010
Jennifer Nelson
A plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who started the fire.
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Speakers to debate judicial activism

March 23, 2010
IL Staff
Speakers from the American Constitution Society and the Federalist Society will debate the definition, examples, and relevance of judicial activism at the Indiana University Maurer School of Law next week.
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7th Circuit: expenses were capital expenditures

March 23, 2010
Jennifer Nelson
An Indianapolis-based health insurer can't deduct its settlement payments or legal expenses from the litigation because the insurer's payments were actually capital expenditures, the 7th Circuit Court of Appeals affirmed today.
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Justices vacate life sentence

March 22, 2010
Jennifer NelsonMore

COA: State didn't bring man to trial within 1 year

March 22, 2010
Jennifer NelsonMore

COA to hear arguments at IU-Indy

March 19, 2010
IL StaffMore

Lawsuit to take bar exam dismissed, re-filed

March 19, 2010
Jennifer Nelson
The man who sued the Indiana Supreme Court and State Board of Law Examiners because he wants to take the bar exam without going to law school had his case dismissed in federal court this week due to failure to pay the filing fee. He then re-filed his suit Thursday, alleging the same claims.
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Case involving President Harrison to be performed

March 19, 2010
Rebecca Berfanger
Benjamin Harrison Day will be celebrated as part of the Indiana Supreme Court's Courts in the Classroom program with two historical depictions of the Ex-Parte Milligan case on Tuesday at the Indiana Statehouse at 10 a.m. and 12:30 p.m.
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Magistrate, attorney general bills become law

March 19, 2010
Jennifer NelsonMore

Suit against traffic court sent back to state court

March 19, 2010
Jennifer Nelson
A lawsuit against the Marion Superior traffic court over fees has been moved back to state court.
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Democrat stalwart said to be U.S. attorney nominee

March 19, 2010
Scott Olson
The U.S. Attorney's Office in Southern District of Indiana has been without a presidentially appointed U.S. attorney for more than two years - an extraordinarily long stretch for a position that usually can be filled in half that time.
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Appellate court upholds murder conviction

March 18, 2010
Jennifer Nelson
Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.
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Supreme Court grants 3 transfers

March 18, 2010
Jennifer Nelson
The Indiana Supreme Court granted three transfers Wednesday, including a case of first impression on sentence enhancements.
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Man didn't timely file petition to reopen estates

March 17, 2010
Jennifer Nelson
A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.
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Boy can't sue for lack of probable cause

March 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.
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SCOTUS chief justice to speak at IU-Indy

March 17, 2010
IL Staff
The chief justice of the United States Supreme Court will deliver the ninth annual James P. White Lecture on Legal Education at Indiana University School of Law - Indianapolis.
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7th Circuit: counsel assistance wasn't ineffective

March 17, 2010
Jennifer Nelson
A defendant didn't receive ineffective assistance of counsel when his attorneys failed to raise the issue of comments made by his victim's mother during the trial, the 7th Circuit Court of Appeals ruled.
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Couple not a 'successful party' in settlement

March 16, 2010
Jennifer Nelson
Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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