Latest News

Justices to hear compulsive gambling case

January 1, 2009
Jennifer Nelson
The Indiana Supreme Court will hear arguments in three cases Thursday, including a suit in which a woman claims a casino took advantage of her gambling addiction. Arguments begin at 9 a.m. in Caesars Riverboat Casino LLC v. Genevieve Kephart, No. 31S01-0909-CV-303. Caesars originally filed a suit against Genevieve Kephart after she failed to repay a gambling debt. The casino sought repayment, treble damages, and attorney fees. But Kephart counterclaimed, arguing the casino unjustly enriched itself because it knew she had...
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Barnes & Thornburg opens Ohio office

January 1, 2009
Elizabeth Brockett
Barnes & Thornburg has opened its ninth office nationwide in Columbus, Ohio, and its second new office in as many weeks.
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Southern District amends Local Rule

December 30, 2008
IL Staff
The United States District Court for the Southern District of Indiana has amended its Local Rule 65.2 - Motions for Preliminary Injunctions and Temporary Restraining Orders.
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Court erred in dismissing claim with prejudice

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.
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Mom's promoting prostitution sentence stands

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.
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Parties can't pick certain provisions to enforce

December 29, 2008
Jennifer Nelson
The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
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COA upholds violent offender registration

December 29, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed that the state's sex and violent offender registry doesn't violate the Indiana Constitution by requiring violent offenders to register for a 10-year period or for life.
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Court rules on tort claims and wrongful death

December 29, 2008
Jennifer Nelson
The Indiana Supreme Court tackled the issue of the interaction of the statute of limitations provision under the state's Wrongful Death Act and the statute of limitations provision for an underlying substantive tort claim in two opinions released Dec. 24.
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Court agrees on ID standard, split on 'injury'

December 24, 2008
Michael Hoskins, Michael HoskinsMore

Prisoner litigant's case deemed frivolous

December 24, 2008
Michael Hoskins
One of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.
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COA: Let a sex offender stipulate

December 23, 2008
Michael Hoskins
A convicted sex offender accused of failing to register will get a new trial, the Indiana Court of Appeals ruled today.
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Justices issue robo-call decision

December 23, 2008
Michael Hoskins
The Indiana Supreme Court says the state's two-decade old law on pre-recorded, autodialed calls isn't limited to those placed to consumers with commercial messages. But justices stopped short of deciding how the law applies to political messages, leaving that question for another day.
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Appellate court rules on GAL feesRestricted Content

December 23, 2008
Michael HoskinsMore

Muncie lawyer named city court judge

December 22, 2008
Michael Hoskins
A Muncie law firm will remain intact after both of its longtime partners take the bench in January.
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Court will hear attorney withdrawal case

December 22, 2008
Michael Hoskins
The Indiana Supreme Court has agreed to take a case exploring how litigants can proceed on their own after the attorney withdraws prior to trial, particularly when a language barrier may exist.
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7th Circuit rules on sex offender registrationRestricted Content

December 22, 2008
Michael Hoskins
A reasonable grace period is required before the federal government can enhance a convicted sex offender's punishment for not registering after a move to a new state, the 7th Circuit Court of Appeals ruled today.
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COA: Warrant didn't need to be admitted

December 22, 2008
Rebecca Berfanger
In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.
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Court remands to recalculate attorneys' fees

December 19, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient.
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Outgoing IEDC chief to pursue law, business

December 19, 2008
Indiana Commerce Secretary Nate Feltman said Thursday he likely will return to practicing law and become involved in business after leaving the post at the end of the month.
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Governor backs court reforms

December 19, 2008
Michael Hoskins
Expect some talk of sweeping court reforms in the coming legislative session.
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Special masters named in senior judge's case

December 19, 2008
Michael Hoskins
The Indiana Supreme Court has named three trial judges to serve as special masters in the disciplinary action against Senior Judge Walter P. Chapala, formerly of the LaPorte Superior Court.
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Committed woman's charge must be dismissed

December 18, 2008
Jennifer Nelson
Faced with a question the U. S. Supreme Court declined to address more than 35 years ago, the Indiana Supreme Court affirmed a trial court's decision to dismiss a criminal charge against a committed woman who may never be able to stand trial because of incompetence.
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COA: Dealership not denied due process

December 18, 2008
Jennifer Nelson
he Indiana Court of Appeals directly addressed for the first time today the due process implications of an administrative law judge conducting a hearing without the participation of a party who received notice but couldn't be contacted by telephone at the time of the hearing. The appellate court found a car dealership's due process hadn't been violated when it failed to participate in a telephone hearing with the administrative law judge and a former employee.
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Judges differ on insurance coverage

December 18, 2008
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed about whether a school bus driver who also worked as an independent farmer over the summer should be covered by the school corporation's insurance following a car accident while hauling grain.
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Men took substantial steps to commit crime

December 18, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing the crimes of enticing a minor to engage in criminal sexual activity.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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