Latest News

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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COA: Second amended complaint allowed

October 15, 2008
Jennifer Nelson
A former Steak 'n Shake employee appealed the trial court's dismissal of his claims of defamation and invasion of privacy against the company, which the Indiana Court of Appeals reversed and remanded today.
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Court consolidates Lake County voter cases

October 15, 2008
Jennifer Nelson
The Indiana Supreme Court has stepped in to settle conflicting rulings from two Lake County courts regarding early-voting sites in East Chicago, Gary, and Hammond, deciding that consolidating the cases to proceed in Lake Superior Court is the "most orderly approach."
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Attorneys scrutinize ad ruling

October 15, 2008
Michael Hoskins
Two Indianapolis law firm partners wonder why they were not given a chance to prevent potential lawyer advertising violations as colleagues have been given off and on through the years.
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7th Circuit: taxpayer suit for restitution is mootRestricted Content

October 14, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the District Court's dismissal of a taxpayer suit against the secretary of the U.S. Department of Education as moot, finding the taxpayers didn't have standing to sue for violations of the Establishment Clause based on a ruling from the U.S. Supreme Court.
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Supreme Court travels to IU-Bloomington

October 14, 2008
IL Staff
The Indiana Supreme Court will be in Bloomington Thursday to hear arguments in a case involving a dispute between a landlord and his former tenants.
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Settlement may be largest of its kind

October 14, 2008
Michael Hoskins
In what is believed to be the highest-ever payout of its kind in the state, the Indiana Department of Insurance will receive $16.5 million from a national legal malpractice insurer as part of a federal lawsuit settlement.
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Federalist society to preview SCOTUS term

October 14, 2008
IL Staff
The Federalist Society's Indianapolis Lawyers Division Chapter will present a preview of the upcoming U.S. Supreme Court 2008-09 term featuring Kannon Shanmugam, who served as assistant to the solicitor general in the U.S. Department of Justice and is currently a partner in the Washington, D.C., firm Williams & Connolly.
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Senior Judge Jonathan Robertson dies

October 14, 2008
Michael Hoskins
The Indiana Court of Appeals has lost a former chief judge who had authored more majority opinions than any of his colleagues during his nearly three decades on the appellate bench.
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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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