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Marion County judge moves civil forfeiture case forward

July 22, 2016
Marilyn Odendahl
A case challenging civil forfeitures by Indianapolis police and the prosecutor’s office will be able to move forward after Marion Superior Court denied the defendants’ motion to dismiss earlier this week.
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Wal-Mart shoplifter’s resisting conviction affirmed

July 22, 2016
Dave Stafford
A man who fled from police and later was arrested after he and another man had been spotted allegedly shoplifting from a Lafayette Wal-Mart store was properly convicted of Class A misdemeanor resisting law enforcement, the Indiana Court of Appeals ruled Friday.
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COA tosses feticide conviction, says statute doesn’t apply to self abortion

July 22, 2016
Jennifer Nelson
The Indiana Legislature did not intend for the state’s feticide statute to apply to pregnant women or illegal abortions, including the one a northern Indiana woman executed by taking drugs ordered from Hong Kong, the Court of Appeals held Friday.
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Courtroom named in honor of Judge Sarah Evans Barker

July 21, 2016
IL Staff
In recognition of District Judge Sarah Evans Barker’s more than 30 years of service on the federal bench, the U.S. District Court for the Southern District of Indiana has named a courtroom in her honor.
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COA upholds mother’s neglect conviction for causing son’s health issues

July 21, 2016
Jennifer Nelson
The Indiana Court of Appeals, acknowledging differing expert testimony in a mother’s neglect of a dependent case, declined to reweigh the evidence and upheld her Class B felony conviction.
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Justices disbar Goshen attorney for UPL while suspended

July 21, 2016
Jennifer Nelson
The Indiana Supreme Court has decided the sanction for a Goshen attorney’s repeated practice of law while suspended: disbarment.
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Appeals court sends request for benefits back to Social Security office

July 21, 2016
Jennifer Nelson
A federal court in Indianapolis never should have affirmed the denial of Supplemental Security Income sought by an intellectually disabled woman because the administrative law judge’s decision was unsupported by the record, the 7th Circuit Court of Appeals held Wednesday.
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Justices uphold Jay County teachers’ CBA

July 21, 2016
Jennifer Nelson
In a 4-1 decision, the Indiana Supreme Court affirmed the last best offer made by the Jay School Corp. regarding a collective bargaining agreement for the 2013-14 school year. The teachers took issue with a provision involving the salary of teachers hired mid-school year.
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Woman sues state over untimely insurance enrollment

July 21, 2016
IL Staff
A lawsuit filed Thursday alleges the state ignored federal law requiring it to provide health insurance coverage within a reasonable time frame and must retroactively pay for an Elletsville woman’s medical bills.
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Recommendation of plea document passes ‘duck test’

July 21, 2016
Jennifer Nelson
Citing the “duck test” credited to Hoosier poet James Whitcomb Riley, the Indiana Court of Appeals held that a “recommendation of plea” document was a plea agreement the trial judge was free to accept or reject.
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Judges affirm grant of senior living facility’s arbitration motion

July 21, 2016
Jennifer Nelson
Although a senior living facility “inexplicably” failed to keep a copy of an arbitration agreement signed by a resident, the facility produced enough extrinsic evidence to conclude an enforceable arbitration agreement exists, the Indiana Court of Appeals ruled.
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COA: Woman, not bank, entitled to foreclosure surplus funds

July 21, 2016
Jennifer Nelson
A trial court misapplied the law regarding disbursement of surplus sale proceedings from a sheriff’s sale when it ordered the full surplus to the bank that owned the first mortgage on the home, the Indiana Court of Appeals held. The law requires the surplus to go to the mortgage debtor.
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Feds sue Anthem, Cigna to block $48B merger

July 21, 2016
 Bloomberg News, IBJ Staff
U.S. antitrust enforcers on Thursday roundly rejected a pair of proposed deals that would consolidate the nation’s five biggest health insurers into just three.
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DCS agrees more caseworkers needed, argues against suit

July 20, 2016
Indiana’s Legislature and governor have failed to provide resources to ensure sufficient case managers to protect children and families, a lawyer representing the Department of Child Services told the Indiana Court of Appeals Wednesday. But she argued a caseworker’s lawsuit against the agency was the wrong way to enforce state law requiring those workers have no more than 17 cases each.
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On rehearing, judges find investigator’s photos admissible

July 20, 2016
Jennifer Nelson
The Indiana Court of Appeals granted rehearing to a case involving a lawsuit brought by a man injured by a sheriff deputy’s vehicle while he walked along the side of the road. The divided court held certain evidence, including an investigator’s affidavit and photos, are admissible at trial.
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COA: School’s insurance doesn’t cover student who injured teacher

July 20, 2016
Jennifer Nelson
Although the Indiana Court of Appeals disagreed with parts of a trial court’s ruling in an insurance coverage dispute, the judges affirmed the ruling that the insurance policy of a school where a student injured her teacher during class is not the primary insurance in the teacher’s personal injury suit.
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Indiana Supreme Court disbars Tim Durham

July 20, 2016
Jennifer Nelson
The Indiana Supreme Court disbarred Indianapolis attorney Tim Durham Wednesday because of his “fraudulent looting of funds entrusted to him by investors.” Durham is currently serving a 50-year sentence for 10 counts of wire and securities fraud.
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Vacancy opening up in Northern District Bankruptcy Court

July 19, 2016
Jennifer Nelson
The 7th Circuit Judicial Council is now accepting applications for judge in the U.S. Bankruptcy Court for the Northern District of Indiana in Hammond.
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US preparing lawsuits against Anthem, Aetna deals, sources say

July 19, 2016
 Bloomberg News
U.S. antitrust officials are poised to file lawsuits to block Anthem Inc.’s takeover of rival health-insurer Cigna Corp. and Aetna Inc.’s deal to buy Humana Inc., according to a person familiar with the matter.
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Gary bar loses by default, owes fight promoter $6,000

July 19, 2016
Dave Stafford
A Gary bar that allowed patrons to watch an Ultimate Fighting Championship broadcast must pay more than $6,000 in damages for failing to pay for a license to air the broadcast, a federal judge ruled.
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State revenue department bound by 1998 ruling

July 19, 2016
Jennifer Nelson
The Indiana Department of State Revenue should have granted a medical equipment company’s request for a sales tax refund, the Indiana Tax Court ruled, finding the department is bound by its published ruling interpreting the exemption at issue.
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Appeals court says prosecutor manual can stay secret

July 19, 2016
 Associated Press
A federal appeals court says the Justice Department does not have to turn over a prosecution training manual to defense attorneys.
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After 10-year legal battle, Zionsville approves Wal-Mart's store plans from 2006

July 19, 2016
Lindsey Erdody, IBJ Staff
The Zionsville Plan Commission on Monday night unanimously approved Wal-Mart Stores Inc.’s 10-year-old proposal to construct a store in one of the area's top retail corridors.
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South Bend releases diversity plan for hiring, promotions

July 19, 2016
 Associated Press
The city of South Bend has released a plan aimed at removing or reducing barriers to diversity and inclusion in hiring, career development and purchasing over the next three years. The plan will also help protect the city from future discrimination lawsuits.
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Southern District mandatory pro bono service to start in October

July 18, 2016
Marilyn Odendahl
Attorneys could be tapped to handle cases under the U.S. District Court for the Southern District of Indiana’s new mandatory pro bono rule before the end of this year.
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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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