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Court rules on discovery of trade secrets

January 1, 2007
Michael Hoskins
A tire making formula is considered a trade secret and doesn't have to be disclosed in discovery, the Indiana Supreme Court ruled today.The unanimous 11-page ruling comes in a much-anticipated first impression case of Bridgestone Americas Holding, Inc. v. Violet Mayberry, et al., No. 48A02-0504-CV-368, which stemmed from a fatal August 2001 accident in which a woman lost control of her vehicle on Interstate 69 after one of the tires came apart. Her family sued the tire maker; during discovery they asked for...
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Supreme Court operations find new space

January 1, 2007
Michael Hoskins
The Indiana Supreme Court has reached an agreement to move some of its operations from the National City Center downtown to a property formerly occupied by Eli Lilly.The new, 10-year agreement is estimated to save taxpayers about $1 million over the course of the lease, and takes effect at the end of the year, said Justice Theodore Boehm, who has led the negotiations process for the state court.This agreement means divisions of the Supreme Court, such as the Indiana Judicial Center,...
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Sentence in murder-for-hire plot cut

January 1, 2007
Michael Hoskins
The Indiana Supreme Court has slashed a sentence for an Anderson man convicted last year in a murder-for-hire plot of his wife and mother-in-law.Justices unanimously granted transfer and issued a five-page opinion Wednesday afternoon in Aaron Reid v. State of Indiana, 48S04-0711-CR-552, a case from Madison County that was affirmed by the Court of Appeals in a not-for-publication opinion in May. Last year, Madison Superior Judge Thomas Newman gave Reid a maximum 50-year prison sentence for conspiracy to commit murder. The case...
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Court affirms worker's comp dismissal

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals affirmed a Full Worker's Compensation Board of Indiana decision to dismiss a claim against a former employer, citing statutory conditions have been met to release the employer from any liability. In William Pete Casper v. L.E. Isley & Sons, Inc., No. 93A02-0702-EX-179, Casper's wife, Janet, on behalf of William's estate, appealed the dismissal of the estate's claim against L.E. Isley for worker's compensation. Janet Casper argued the dismissal was premature. William Casper worked for Isley for more...
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Notre Dame 1L finishes 31st in Boston Marathon

January 1, 2007
Rebecca Berfanger
Dan McGrath, a 1L at Notre Dame Law School, finished 31st overall among all men, and was the 18th American finisher in the 111th Boston Marathon on April 16, the law school ;s Web site reported. McGrath had an official time of 2:25:59: a pace of 5 minutes, 33 seconds per mile for 26.2 miles.McGrath, 23, who listed his hometown as Lynbrook, N.Y., was the fifth overall runner who was not classed in the ‘Elite ; group. At this year ;s...
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Chief Justice speaking on judicial independence

January 1, 2007
Michael Hoskins
Judicial independence and accountability are the topics du jour for Indiana Chief Justice Randall T. Shepard.The state's top judge was the keynote speaker at an Indiana Continuing Legal Education Forum this afternoon. The Center for Free Inquiry at Hanover College hosted the free program, "Politics and the Courts: Judicial Independence and Accountability," at the Indiana Continuing Legal Education Forum in Indianapolis.This topic arises as the role of courts in the U.S. has become a focus for criticism, including how the judiciary...
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Lawyer triumphs over Mattel: Indianapolis lawsuit plays part in worldwide recall of 4.4 million of Polly Pocket toys.

January 1, 2007
Michael Hoskins
Indianapolis partner Gordon Tabor with the Tabor Low Group (right) describes the now-recalled Mattel toys that resulted in injury because of the one-eighth-inch diameter magnets in parts of the products (left).The toy giant recalled the product worldwide.    When attorney Gordon Tabor first took on a product liability case arising in Indianapolis, he instantly knew that it was larger than one little girl.    He consulted with his two younger brothers, Roy and Jeff – also attorneys at the Tabor Law Firm –...
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Justices to hear 2 arguments

January 1, 2007
Michael Hoskins
The Indiana Supreme Court on Thursday will consider two cases, delving into non-compete agreements, and the legal line between parental control and child battery.Justices will first hear arguments at 9 a.m. in Central Indiana Podiatry P.C. v. Kenneth J. Krueger, Meridian Health Group P.C., 29S05-0706-CV-256, which the Court of Appeals ruled on in January. The appellate court overturned a decision by Hamilton Superior Judge Daniel Pfleging and ruled he should have made the podiatrist, Dr. Kenneth Krueger, stop working pending trial after...
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Court of Appeals revises burglary sentence

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals today revised a 40-year sentence handed down to a 19-year-old, citing inconsistencies between the trial court's oral and written sentencing statements. In Nathan D. Feeney v. State of Indiana, 79A02-0609-CR-823, Feeney appealed his cumulative 40-year sentence for convictions of 10 counts of burglary as a Class B felony, which consisted of four consecutive and six concurrent 10-year sentences, because he believed the sentences to be too harsh given the nature of his offenses and his character. At...
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IPBC exec director's last day Friday

January 1, 2007
Rebecca Berfanger
Friday will be Monica Fennell's last day as executive director of the Indiana Pro Bono Commission - at least until she returns next August. Fennell will be in Washington, D.C., for a one-year fellowship with the U.S. Supreme Court in the Administrative Office of the U.S. Courts. Her replacement for a one-year fellowship of her own is Trischa Zorn-Hudson.Zorn-Hudson has already been working with Fennell, and her first full day will be July 23. "I know that the Pro Bono Commission...
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Amici briefs support Indiana voter ID law

January 1, 2007
Michael Hoskins
Eleven parties have submitted amici briefs in support of Indiana's voter identification law, which goes before the Supreme Court of the United States in January.Parties had a Monday deadline to submit briefs in the pair of cases Crawford v. Marion County Election Board (07-21) and Indiana Democratic Party v. Rokita (07-25), which the nation's high court will hear arguments on Jan. 9. Both challenge the law that took effect July 2005 and has been upheld by the 7th Circuit Court of...
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Tax Court sets arguments next month

January 1, 2007
Michael Hoskins
The Indiana Tax Court will hear arguments next month on a suit challenging the constitutionality of the state's property tax assessment system.Arguments are set for 1:30 p.m. Oct. 25 in Mel Goldstein, et al. v. Indiana Department of Local Government Finance, et al., 49T10-0709-TA-00045. Indianapolis attorney John Price filed the suit earlier this month on behalf of 11 residents from around the state and seven citizens' organizations pushing for tax reform. The suit includes 14 counts relating directly to Marion County...
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Court rules in favor of municipal utilities

January 1, 2007
Michael Hoskins
The state's eminent domain statute allows Indiana municipalities to acquire operations of privately owned water and sewer utilities that serve recently annexed portions of that community, the Indiana Supreme Court ruled today.The split 3-2 decision came in Utility Center, Inc., d/b/a Aquasource v. City of Fort Wayne, Indiana, 02S04-0706-CV-248.This case from Allen Circuit Judge Thomas Felts involves Fort Wayne's initiation of condemnation proceedings against a company operating a competing public water utility in and around the city, which also owns its...
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Commission studies mental illness, death penalty

January 1, 2007
Michael Hoskins
Indiana could be the first state to bar the mentally ill from being executed, two recognized legal experts told a legislative commission Friday.Of course, doing so would mean first agreeing on a definition for what "mentally ill" entails.That was the topic discussed during the first legislative meeting of the Bowser Commission, the legislative interim study committee designed to study mental illness as it relates to the death penalty. The group was formed in recognition of the late Sen. Anita Bowser, D-Michigan...
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Indiana's GAL/CASA program receives $49,000

January 1, 2007
Michael Hoskins
A national grant will help pay for an Indiana Supreme Court program serving neglected and abused children whose families are in the court system.The state's highest court announced Wednesday that the Guardian Ad Litem/Court Appointed Special Advocate (GAL/CASA) Program is receiving $49,000 from the National CASA Association.Formed in 1990, the state court's program was the first in the nation last year to be certified for meeting standards. It also offers training and support for about 65 counties across the state -...
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Misconduct not inappropriate enough to alter trial outcome

January 1, 2007
Michael Hoskins
A prosecutor ;s request to call opposing defense counsel to the stand during a Pike County trial may have been inappropriate, but the Indiana Court of Appeals has determined it didn ;t rise to the level of misconduct that would have impacted the outcome.The appellate panel issued its decision today in Joshua J. Nolan v. State, which stems from a 2005 case leading to Nolan ;s conviction for criminal deviate conduct and residential entry. He raised three issues on appeal, but...
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Domestic violence groups merging

January 1, 2007
Michael Hoskins
Starting Wednesday, two organizations designed to battle domestic violence are merging to expand their reach across Indiana.The Indiana Coalition Against Domestic Violence (ICADV) and the Protective Order Pro Bono Project of Greater Indianapolis are teaming up to combine resources. Aside from providing legal support for domestic violence victims, the newly merged organization will provide referrals to domestic violence service providers for people seeking protective orders. Long-time Marion County domestic violence advocate Linda Olvey Helman will oversee that segment.Kerry Hyatt Blomquist, founding...
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High court rules on estate issue

January 1, 2007
Jennifer Nelson
The Indiana Supreme Court ruled on a matter of first impression today regarding the disposition of an entire estate during life or death. In the Matter of the Guardianship of E.N., Adult,No. 88S01-0703-CV-121, deals with the issue of whether the guardianship estate planning statute authorizes dispositions of a protected person's entire estate, not just "excess" assets, as defined in the statute. In this case, E.N. married and had two children - Shirley and Marvin. He executed a will in 1983 and...
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Supreme Court grants 3 transfers

January 1, 2007
Jennifer Nelson
The Indiana Supreme Court has granted transfer in three cases - David Michael Green v. State of Indiana; Beth Palmer Kopczynski and Alisha Palmer v. David B. and Peggy L. Barger; and Richard U. and Delores J. Pflanz v. Merrill Foster, et al. In Green v. State, 45A05-0612-CR-708, Green appealed his conviction and sentence for two counts of felony murder, claiming his victim's death was out of self-defense and an accident. The Court of Appeals affirmed the state presented sufficient evidence to...
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Court to hear Carmel annexation arguments

January 1, 2007
Michael Hoskins
The Indiana Court of Appeals hears arguments Tuesday in the second Carmel annexation case in the state's appellate courts in a year.Arguments begin at 1 p.m. in City of Carmel v. Certain Home Place Annexation Territory Landowners, 29A04-0510-CV-578.The court had planned to consider the case a year ago, but delayed arguments until the Indiana Supreme Court could make a decision on a similar case also stemming from Carmel. That happened June 27 with the potentially landmark decision in City of Carmel,...
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Circuit Court rules against deputy town marshal

January 1, 2007
Michael Hoskins
A Fort Wayne couple will get their day in court after the 7th Circuit Court of Appeals determined the Orland deputy town marshal violated the couple's constitutional rights during an altercation at a towing lot three years ago.In Ryan L. Belcher and Daraina Gleason v. Vaughn Norton and Town of Orland, the court ruled 2-1 Wednesday that the case shouldn't have been dismissed by U.S. District Judge Theresa Springmann in Fort Wayne. The district judge had ruled that Norton, the town's deputy...
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Homeowners must follow health codes

January 1, 2007
Jennifer Nelson
Owners of houses or mobile homes they construct themselves still must follow Indiana health codes, the Indiana Court of Appeals ruled today. The appellate court overturned a trial court's ruling that a section of Indiana code exempted certain homeowners from obtaining a permit for septic systems. At issue in Washington County Health Department and Mike Haddon v. Jeff and Robin White, No. 88A04-0703-CV-126, is whether the Whites' mobile home, which had a discharge pipe running from the bottom of it to the...
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School board to settle with superintendent

January 1, 2007
Michael Hoskins
Parties have reached a tentative agreement in a case involving the firing of a Perry Township Schools superintendent, meaning a broader legal question arising from the possible appeal of a federal judge's June ruling likely will have to wait for another day.Specifically, the issue would be the legal scope of a superintendent's employment.The question arises in the case of embattled superintendent H. Douglas Williams, who was placed on paid indefinite administrative leave in November after a 4-3 vote by the school...
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Home Place plans to appeal ruling

January 1, 2007
Michael Hoskins
The annexation battle between Carmel and Home Place isn't over yet.Residents in the unincorporated community voted Saturday to appeal the Oct. 17 decision in City of Carmel v. Certain Home Place Annexation Territory Landowners, No. 29A04-0510-CV-578.Attorney Stephen Buschmann plans to file a petition this week asking the Indiana Supreme Court to hear the appeal. The Court of Appeals ruled in favor of Carmel last month, holding the city adequately proved it could afford to annex part of the nearby community and...
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BP will follow previous permit limits

January 1, 2007
Rebecca Berfanger
BP America posted a statement on its Web site Thursday saying the company would operate the Whiting refinery to meet the lower discharge limits contained in the refinery's previous wastewater treatment permit."We have participated in an open and transparent permitting process with the State of Indiana and obtained a valid permit that meets all regulatory standards and is protective of water quality and human health," said BP America Chairman and President Bob Malone in the statement. "Even so, ongoing regional opposition...
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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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