Latest News

SCOTUS: Plaintiffs can sue drug companies

March 5, 2009
Michael Hoskins
The U.S. Supreme Court says pharmaceutical companies can be sued in state court over alleged drug effects, even if the Food and Drug Administration has approved the medication and its warning label.
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Irish chief justice to visit Indianapolis

March 5, 2009
IL Staff
The Chief Justice of the Supreme Court of Ireland will visit Indianapolis, and one of his stops includes a lecture at Indiana University School of Law - Indianapolis March 10.
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High court grants order in election case

March 5, 2009
IL Staff
The Indiana Supreme Court issued an order today granting the Marion County Election Board's corrected motion to remand a case pursuant to Appellate Rule 37.
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Panel disagrees in admitting expert testimony

March 5, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled today that a trial court didn't err in allowing into evidence an injured woman's testimony about medical tests and the cause of her pain.
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Appellate panel travels to Hammond

March 4, 2009
IL StaffMore

High court reverses $2.3 million jury award

March 4, 2009
Jennifer NelsonMore

Man isn't entitled to parental privilege defense

March 4, 2009
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
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Appellate court gets dismissed Voter ID case

March 3, 2009
Michael Hoskins
The Indiana Court of Appeals is being asked to overturn a Marion Superior judge's decision that found the state statute requiring voters to show photo identification before casting a ballot is constitutional.
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Former White County prosecutor dies

March 3, 2009
IL Staff
A former White County prosecutor and Monticello attorney died March 1.
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Judge: punitive-damage cap unconstitutional

March 3, 2009
Michael Hoskins
A Marion County judge has refused to reduce damages in a priest sex-abuse case, saying the punitive damage caps put in place more than a decade ago are unconstitutional.
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COA: annexation detailed summary sufficient

March 3, 2009
Jennifer Nelson
Ruling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.
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Court grants 5 transfers, denies 1

March 2, 2009
IL Staff
The Indiana Supreme Court has agreed to take five cases, but declined to hear a judicial review case involving a transfer tax.
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COA: Bank didn't breach duties as trustee

March 2, 2009
Jennifer Nelson
Although tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the bank acted in good faith.
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Supreme Court disbars attorney

March 2, 2009
Jennifer Nelson
A split Indiana Supreme Court voted to immediately disbar an Indianapolis attorney who pleaded guilty to one count of willfully making a false tax return.
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ISBA seeking board positions

March 2, 2009
IL Staff
The Indiana State Bar Association is seeking members who want to sit on the Board of Governors.
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Magistrate: Uniroyal not liable for cleanup costs

February 27, 2009
Michael Hoskins
As a federal magistrate judge puts it, "All good things must come to an end."
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Theft case requires special prosecutor

February 27, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because the original basis for appointing the special prosecutor still existed even after one charge was dropped.
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Longtime Madison County judge dies

February 27, 2009
Jennifer Nelson
A longtime Madison County judge died suddenly Wednesday. Judge David W. Hopper, 60, had served as a jurist for a total of 28 years.
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Case requires balancing act by court

February 27, 2009
Jennifer Nelson
In a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct, the appellate court affirmed the denial of a defendant's motion to suppress.
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High court vacates transfer

February 27, 2009
Jennifer Nelson
The Indiana Supreme Court vacated transfer yesterday in a case in which a defendant appealed his convictions of voluntary manslaughter, carrying a handgun without a license, and finding that he was a habitual offender.
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COA: State must prove violation of statute

February 26, 2009
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time today whether under Indiana Code Section 35-48-4-16(b) a defendant only has the burden of placing the issue in question where the state's evidence hasn't done so.
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Foreclosure programs aimed at judges, lawyers

February 26, 2009
IL Staff
The Indiana Supreme Court announced today it's partnering with Indiana Legal Services Inc. and the Legal Aid Society of Southwest Ohio to sponsor training for attorneys, judges, and mediators about how to help families facing foreclosure.
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Professor faces Senate Judiciary Committee

February 26, 2009
Rebecca Berfanger
Indiana University Maurer School of Law - Bloomington professor Dawn Johnsen faced the U.S. Senate Judiciary Committee Wednesday as part of the nomination process to become the next assistant attorney general in the Office of Legal Counsel, the office that advises the president on legal matters.
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Justices order mandate writ against court

February 25, 2009
IL Staff
The Indiana Supreme Court has granted a relator's verified petition for writ of mandamus and prohibition against a Grant Superior judge and the clerk.
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Court affirms conviction, sentence despite error

February 25, 2009
Jennifer NelsonMore
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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