Legal News

COA: Theories presented to trial court in med-mal cases were presented to review panels

February 22, 2017
Olivia Covington
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
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State appeals triple-murder conviction reversal to US Supreme Court

February 22, 2017
IL Staff
A man’s murder convictions vacated in a habeas decision by the en banc 7th Circuit Court of Appeals should be reviewed by the United States Supreme Court, the Indiana Attorney General’s Office says.
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Man’s forgery convictions for bogus check affirmed

February 22, 2017
Dave Stafford
A man who tried to pass a bogus check for $2,248.33 at two Marion grocery stores failed to persuade an appellate panel to reverse his convictions because of insufficient evidence. He argued in part his conviction shouldn’t stand because the stores had no video cameras.
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Despite inadmissible testimony, molestation conviction affirmed

February 22, 2017
A trial court erred in allowing evidence of a defendant’s alleged prior bad acts at his child molestation jury trial, but based on other corroborating evidence, the admission was harmless, the Indiana Court of Appeals ruled Wednesday.
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Divided full 7th Circuit allows inmate death case to go to trial

February 22, 2017
Olivia Covington
A woman whose son was found dead in an Indiana Department of Correction facility can now take her case to trial after a divided en banc 7th Circuit Court of Appeals reversed summary judgment in favor of the health care providers who treated her chronically ill son.
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Defendant’s testimony makes admission error harmless

February 22, 2017
Marilyn Odendahl
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.
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Robing ceremony planned for former senator elected to St. Joseph bench

February 22, 2017
IL Staff
A former Indiana senator who was recently elected to St. Joseph Circuit Court will be honored this week.
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For some firms, splitting office space and expenses is best practice

February 22, 2017
Dave Stafford
For many firms, splitting office space and sharing resources is a strategy that makes good business sense. But such arrangements aren’t without challenges.
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Merit selection for Marion County a path back to court?

February 22, 2017
Dave Stafford
As the General Assembly weighs a new means of choosing Marion County judges, critics of the proposed merit-selection system say its enactment will almost guarantee another court fight.
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No slowdown in expungements

February 22, 2017
Marilyn Odendahl
The number of petitions filed around the state remains high, but clerks and attorneys say they have adjusted to the workload.
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Legal aid agencies jointly seek $210,000 expungement grant

February 22, 2017
Marilyn Odendahl
In what is believed to be a first, Indiana Legal Services Inc., Indianapolis Legal Aid Society and the Neighborhood Christian Legal Clinic are hoping to collaborate on a single project that they say will help people overcome hurdles to employment and give communities an economic boost.
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ABA watches law schools’ attrition, bar pass rates

February 22, 2017
Marilyn Odendahl
At the mid-year meeting of the American Bar Association held in early February, legal education was in the spotlight or, some might say, the hot seat.
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Hispanic lawyers’ past experiences draw them to immigration law

February 22, 2017
Olivia Covington
Representing individual immigration litigants makes sense for many Hispanic attorneys because they have seen members of their own families move through the process of becoming either a legal citizen or lawful permanent resident of the United States.
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Attorneys trying to stay apprised, advise clients as Congress weighs health care reform

February 22, 2017
Marilyn Odendahl
The Affordable Care Act brought a sea change to the health care industry, and whatever replaces it is expected to bring another. Attorneys practicing health care law or with clients greatly impacted by the rules and regulations of the ACA are scrambling to stay afloat.
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Supreme Court to hear HHGregg, managers’ incentive fight

February 22, 2017
Dave Stafford
The Indiana Supreme Court will hear a case Feb. 23 in which a trial court and the Indiana Court of Appeals reached opposite conclusions about whether key HHGregg managers were entitled to incentive bonuses triggered by the company’s receipt of $40 million from an executive’s life insurance proceeds.
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Deadline approaches to apply for Indiana Supreme Court

February 21, 2017
 Associated Press
The deadline for attorneys to apply to become an Indiana Supreme Court justice is noon on March 3.
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COA reverses drug convictions for lack of police inventory regulation

February 21, 2017
Olivia Covington
The Indiana Court of Appeals vacated a Putnam County man’s drug conviction Tuesday after finding that police officers were not following proper protocol when they searched the man’s vehicle.
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Supreme Court reprimands senior judge convicted of OWI

February 21, 2017
Olivia Covington
The Indiana Supreme Court has issued a public reprimand against a senior judge convicted of driving while intoxicated.
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Supreme Court seems split in case of boy’s death near border

February 21, 2017
 Associated Press
The Supreme Court of the United States appears to be evenly divided about the right of Mexican parents to use American courts to sue a U.S. Border Patrol agent who fired across the U.S.-Mexican border and killed their teenage son.
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House education panel backs school prayer bill

February 21, 2017
 Associated Press
Students’ right to pray aloud in Indiana schools would be reaffirmed under a measure a House education committee has approved.
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‘Abortion reversal’ bill clears Indiana panel for 2nd time

February 21, 2017
 Associated Press
An Indiana House panel on Tuesday approved an amended version of a measure that would require abortion providers to give women considering drug-induced abortions information on stopping the procedure midway through — even though that process is scientifically disputed.
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Indiana man pleads guilty in 2015 crash that killed 3 teens

February 21, 2017
 Associated Press
A 20-year-old man has pleaded guilty in Newport to charges in connection with a one-vehicle crash in 2015 that killed his three teenage passengers.
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Former Supreme Court Justice De Bruler dies

February 20, 2017
IL Staff
A funeral service took place Tuesday morning for former Indiana Supreme Court Justice Roger De Bruler, who died Feb. 13.  De Bruler, 82, died with his family at his side, according to his obituary.

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US Supreme Court weighs case of Mexican boy slain across border

February 20, 2017
 Associated Press
Sixty feet and the U.S-Mexico border separated the unarmed, 15-year-old Mexican boy and the U.S. Border Patrol agent who killed him with a gunshot to the head early on a June evening in 2010.
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7th Circuit allows Indy airport to proceed with insurance claim

February 20, 2017
Olivia Covington
The 7th Circuit Court of Appeals is allowing the Indianapolis Airport Authority to move forward with part of an insurance claim stemming from a construction incident at the Midfield Terminal that delayed its opening in 2008.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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