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Attorney waits for plea agreement decision

August 23, 2010
Jennifer Nelson
Anderson attorney Samuel Hasler is still waiting to see if his plea agreement regarding child pornography charges will be accepted.
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Judge sues prosecutor for intimidation, retribution

August 23, 2010
Jennifer Nelson
A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.
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Court OKs class certification in Conseco securities-fraud case

August 20, 2010
Michael Hoskins
In a securities-fraud case involving the Carmel-based financial and life insurance services company Conseco, a 7th Circuit Court of Appeals panel has refused to significantly alter the class certification rules and throw out the long-established fraud-on-the-market doctrine.
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7th Circuit upholds Indiana judicial canons

August 20, 2010
Michael Hoskins, Michael Hoskins
A three-judge federal appellate panel says that Indiana’s judicial canons are not unconstitutionally restrictive of free speech and should stand.
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COA addresses inverse condemnation issues

August 20, 2010
Elizabeth Brockett
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding fraudulent concealment and the statute of limitations.
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Professor to study India's legal system

August 20, 2010
Rebecca Berfanger
Over the next three years, a professor at an Indiana law school will be working on a study of India’s trial courts as part of a $261,000 grant from the Ford Foundation to a non-governmental association based in India.
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COA: attorney's statement binding

August 19, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against the company and that admission is binding.
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AG encourages whistleblower lawsuits to fight fraud

August 19, 2010
The Indiana Attorney General's Office wants health care and pharmaceutical industry workers to know that they have the ability to file lawsuits and get protection as whistleblowers, and that could mean getting a portion of any settlement or damages that results from the suit.
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Federal identity theft statute includes use of deceased's identity

August 18, 2010
Jennifer Nelson
A person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.
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COA panels divided on attorney's fees under AWDA

August 18, 2010
Jennifer Nelson
Nearly a month after an Indiana Court of Appeals panel ruled attorney's fees aren’t recoverable under the Adult Wrongful Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
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20 years of rights under the ADA

August 18, 2010
Rebecca Berfanger
While many people might take it for granted that accessibility for all people is now commonplace and that it is illegal to discriminate against an employee based on a disability, the Americans with Disabilities Act was signed only 20 years ago.
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Attorneys general at the state fair

August 18, 2010
Rebecca Berfanger
While some things are new this year at the Indiana State Fair, one that most fairgoers will likely not even notice is the recently enhanced partnership between the state attorney general’s office and the state fair.
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Safety vs. free speech

August 18, 2010
Michael Hoskins
In her 15 years on both the state and federal benches, Judge Jane Magnus-Stinson has had only one time when she’s feared for her safety inside her courtroom.
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Baker & Daniels hosts pro bono mediations

August 18, 2010
Rebecca Berfanger
As a way to help judges and parties in paternity court in Marion County, an Indianapolis law firm recently offered conference rooms and support staff for a day of pro bono mediation in its offices, something firm members say they hope other law firms will consider if they have the available space.
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Indiana's tax judge to retire

August 18, 2010
Michael Hoskins
When comparing his past two jobs, Judge Thomas G. Fisher admits that he finds stories from his prosecutor days more interesting than those in the past quarter century when he’s presided over the state’s appellate tax court.
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Class action suit challenges voter-removal statute

August 17, 2010
Michael Hoskins
State officials are prohibiting people convicted and incarcerated for misdemeanor offenses from voting while they are behind bars, but that could change if a federal suit is successful.
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IBA creates PAC option for judicial campaign donors

August 17, 2010
Michael Hoskins
After a landmark ruling from the nation’s highest court, the Indianapolis Bar Association has adopted an alternative to direct judicial campaign contributions for those interested in donating to candidates vying for the Marion County bench.
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Deadline set for Tax Court judge applications

August 17, 2010
Michael Hoskins
Anyone interested in being the next Indiana Tax Court judge has just about a month to apply for that position.
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Court upholds judgment in legal malpractice suit

August 16, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although the judges didn’t agree on the professional obligations of the firm based on its contract.
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COA addresses equine statute for first time

August 16, 2010
Jennifer Nelson
Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute barred a woman’s claim for injuries during a horse competition.
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Admittance of psychologist's testimony requires new trial

August 13, 2010
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
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Judges split in adopted trust-beneficiaries matter

August 13, 2010
Jennifer Nelson
In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.
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Attorneys needed for foreclosure events

August 13, 2010
IL Staff
Attorney volunteers are needed for free borrower outreach programs around Indiana hosted by the Indiana Foreclosure Prevention Network Sept. 1.
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Tax Court judge to retire Jan. 1

August 12, 2010
Jennifer Nelson
The state’s first and only judge of the Indiana Tax Court, Judge Thomas G. Fisher, announced today he is stepping down from the bench Jan. 1, 2011.
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No qualified immunity for officer in diabetic man's claim

August 12, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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