Latest News

Court finds fax to be a contract

October 24, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.
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Missing attorney found dead

October 23, 2008
Jennifer Nelson
A Bremen attorney was found dead Oct. 20 by police in a field in northern Indiana. Ronald Sowers, 70, died from a self-inflicted gunshot wound to the chest.
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ND athletics director speaker at legal clinic event

October 23, 2008
IL Staff
The University of Notre Dame athletics director will be the keynote speaker at the Neighborhood Christian Legal Clinic's annual Justice for All Celebration.
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COA revises child molesting sentence

October 23, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.
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Special judge: Keep early-voting sites open

October 22, 2008
Jennifer Nelson
A special judge has ordered satellite early-voting sites in East Chicago, Gary, and Hammond to remain open over the objections of two Lake County Republicans.
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Attorney faces charges of mail, wire fraud

October 22, 2008
Jennifer Nelson
A federal grand jury in Hammond has indicted a Schererville attorney with two counts of wire fraud and one count of mail fraud after being accused of stealing money from two clients.
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High court to hear riverboat receipts arguments

October 22, 2008
Jennifer Nelson
The Indiana Supreme Court will hear arguments Thursday in two cases involving the dispersion of a percentage of riverboat casino revenues in East Chicago.
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Judge declines to interfere with voter ID law

October 22, 2008
Michael Hoskins
A federal judge in Indianapolis won't interfere with the state law requiring voters to show photo identification at the election polls.
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Economic presence meets taxing requirement

October 21, 2008
Jennifer Nelson
In a matter of first impression, the Indiana Tax Court has ruled that a bank didn't need to have a physical presence in the state to be subject to Indiana's Financial Institutions Tax.
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Justices disagree about jury instruction

October 21, 2008
Jennifer Nelson
The Indiana Supreme Court was split in its ruling that a trial court properly instructed a jury regarding a habitual offender finding, with the dissenters arguing the court's instruction was inadequate as compared to the defendant's proposed jury instruction.
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Special judge invalidates local impact fee

October 21, 2008
Michael Hoskins
In the first court decision of its kind in Indiana, a special judge has invalidated Zionsville's parks impact fee because it violates state statute.
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Child Advocates relocates

October 21, 2008
IL Staff
Child Advocates has relocated its offices, where it will have an open house from 4 to 6 p.m. Oct. 30.The organization moved to 8200 Haverstick Road, Suite 240, Indianapolis, IN 46240. The event is open to the public. People interested in attending should RSVP by Oct. 24 to Dionne@childadvocates.net or call (317) 493-2240.
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Court rules on media access to CHINS cases

October 21, 2008
Jennifer Nelson
For the second time this month, the Indiana Court of Appeals has ruled on media access of CHINS records in a high-profile case involving the death of a child.
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Judges disagree on punitive damages award

October 20, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a compensatory damage award today for a couple that was attacked, but the majority remanded the trial court's punitive damage award because it was excessive.
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Professor to take part in international workshop

October 20, 2008
IL Staff
Indiana University School of Law - Bloomington distinguished professor and director of the Center for Applied Cybersecurity Research Fred Cate will participate in a workshop in Brussels Oct. 22 to discuss interaction between European Union data protection laws and U.S. e-discovery rules.
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IU Law - Indy to host roundtable on economy

October 20, 2008
IL Staff
Indiana University School of Law - Indianapolis faculty members will discuss Thursday their analyses of the current economic issues facing the U.S. in a roundtable discussion, "The Economic Crisis and the Emergency Economic Stabilization Act of 2008."
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1st pro bono appeals program case gets transfer

October 17, 2008
Jennifer Nelson
The Indiana Supreme Court granted has granted transfer to two cases, including the first case from the Indiana State Bar Association's pro bono appellate program.
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St. Joseph Bar releases judicial evaluation

October 16, 2008
IL Staff
St. Joseph County Bar Association members have evaluated the five St. Joseph Superior judges up for retention this year - Judges Roland W. Chamblee Jr., David C. Chapleau, Jerome Frese, Jenny Pitts Manier, John M. Marnocha, Jane Woodward Miller, and Michael P. Scopelitis. All of the judges received a combined average score of either average/acceptable or above average.
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Justices tap special judge in Lake County case

October 16, 2008
IL Staff
The Indiana Supreme Court has appointed Lake Superior Judge Diane Kavadias Schneider, Civil Division 1, as a special judge in the consolidated Lake County cases involving the operations of early-voting sites in East Chicago, Gary, and Hammond, according to Kathryn Dolan, Indiana Supreme Court spokesperson.
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COA opts for judicial restraint

October 16, 2008
Michael Hoskins
The Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce Clause and the use of clean coal technology are unconstitutional.
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High court rules in favor of insurers in silica case

October 16, 2008
Jennifer Nelson
Companies that owned the assets of an industrial blast machine can't seek coverage from the insurers who issued liability policies for previous owners of the machine, the Indiana Supreme Court ruled yesterday.
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Court grants transfer to uninsured motorist case

October 16, 2008
Jennifer Nelson
The Indiana Supreme Court has granted transfer to a case about whether an insurance company's automobile policy violates the state's uninsured motorist statute.
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Lawyer advertising spurs State Bar survey planRestricted Content

October 15, 2008
Michael Hoskins
Hoosiers will soon be asked whether "ambulance chasing" attorneys should have to wait 30 days after an accident or injury before directly contacting potential clients by mail.
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ISBA members approve judges up for retention

October 15, 2008
IL Staff
The five Indiana judges up for retention this November have received overwhelming support from Indiana State Bar Association members. The ISBA poll shows no judge or justice received less than 83 percent of "yes" votes for retention.
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Student runs for human rights group

October 15, 2008
Rebecca Berfanger
A student at Indiana University School of Law - Indianapolis is hoping to raise enough funds to increase the budget for the school's International Human Rights Law Society by asking for pledges for his participation in the Indianapolis Marathon Oct. 18.
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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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