Legal News

Judicial luminaries to mark Magna Carta’s 800th year

August 26, 2015
Dave Stafford
A who’s who of Indiana lawyers and state and federal court judges will soon mark eight centuries since Britain’s King John relented in the face of a baron rebellion and placed his seal on the document that guaranteed, among other things, right to a trial by jury.
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Consumers don’t have to wait for fraudulent charges

August 26, 2015
Marilyn Odendahl
A recent ruling from the 7th Circuit Court of Appeals – the first to find that consumers do suffer harm when their credit card information is stolen – may be headed back to appellate court after the defendant retailer accused the judges of “loose thinking.”
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ABA report reflects current law school innovations

August 26, 2015
Marilyn Odendahl
Weeks after the American Bar Association approved a set of recommendations to address law student debt and educational experience, legal educators in Indiana described the recommendations as thoughtful but not necessarily different from what they are doing.
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TV’s ‘Shift’ suspect got shaft, but rights weren’t violated

August 26, 2015
Dave Stafford
A man who was wrongly arrested and charged with murder by Indianapolis police, whose investigation was being documented for the reality TV series “The Shift,” lost his appeal in a civil rights lawsuit against police.
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Law professor’s book spotlights service workers’ fight for unions

August 26, 2015
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law professor Fran Quigley's book, “If We Can Win Here: The New Front Lines of the Labor Movement,” examines how the push for higher wages and better working conditions is playing out in the very red Hoosier state.
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Doubt means don’t: Drafting an effective social media policy

August 26, 2015
Stephanie Cassman, Nabeela Virjee
Because social media is a relatively new phenomenon, employers have been wading into uncharted territories when creating and implementing social media policies.
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Independent contractor or employee: DOL gives guidance

August 26, 2015
Carolyn Hall
In mid-July, the administrator for the Department of Labor’s wage and hour division issued an interpretation to give guidance about whether a worker is an independent contractor or an employee.
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Proposal would double salary threshold for exempt employees

August 26, 2015
Dave Stafford
Employment attorneys and their clients large and small are scrambling to find ways to deal with a likely change in federal regulation that could more than double the earnings threshold for workers classified as exempt from overtime.
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Prisoner’s Zantac lawsuit gives federal judges heartburn

August 26, 2015
Dave Stafford
An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.
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Bingham partner Solada key player in zoning disputes

August 26, 2015
Scott Olson
Mary Solada has built a reputation as one of Indianapolis’ top real estate attorneys by representing large developers on important zoning matters.
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Law school deans excited about Class of 2018

August 26, 2015
Marilyn Odendahl
Law schools in Indiana are conducting orientations and starting classes for the 2015-2016 academic year. The class sizes are approximate and deans anticipate the numbers will change slightly, but overall they are excited about the new crop of students.
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COA finds medical provider made ‘reasonable effort’

August 25, 2015
Marilyn Odendahl
Telling the victim’s father it could not infer legislative intent, the Indiana Court of Appeals found a mental health care treatment center did comply with the state’s statutory requirements.
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Indiana Tech Law School restarts accreditation process, welcomes Zoeller

August 25, 2015
Marilyn Odendahl
Indiana Tech Law School, which began the fall semester Aug. 24, is welcoming a new class of first-year students and mounting another effort to gain preliminary accreditation.
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Ex-Columbus teacher’s FMLA violation claims reinstated

August 25, 2015
Dave Stafford
A Columbus teacher who claimed his contract wasn’t renewed after he missed 23 days of school should have his day in court on his claims that the school system interfered with his rights under the Family Medical Leave Act and retaliated against him.
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7th Circuit affirms judgment for school in bullying case

August 25, 2015
Dave Stafford
A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday.
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Former state senator is final appointment to redistricting committee

August 25, 2015
Marilyn Odendahl
Former Indiana senator and environmental leader Beverly Gard has been appointed to the state’s redistricting study committee, completing the selection process by the legislative leaders.
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COA ceremonies set for Friedlander and Altice

August 25, 2015
IL Staff
Ceremonies have been announced for judges transitioning off and on the Indiana Court of Appeals. A retirement ceremony for Judge Ezra H. Friedlander is scheduled for 2:30 p.m. Thursday in the Indiana Supreme Court courtroom. Chief Judge Nancy H. Vaidik will preside.
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Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case

August 25, 2015
 Associated Press
Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.
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District Court too heavy-handed in judgment, 7th Circuit rules

August 24, 2015
Marilyn Odendahl
A $2.7 million judgment in a messy dispute between a supplier and a now defunct furniture manufacturer has been overturned by the 7th Circuit Court of Appeals, which called the award “too heavy a sanction.”
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Blackford judges ban clerk from courthouse

August 24, 2015
Dave Stafford
Judges in Blackford County last week issued an order barring the elected clerk from her courthouse offices or even on the sidewalks surrounding the courthouse in Hartford City, claiming she behaved inappropriately and disobeyed and sabotaged court commands.
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Plans outline charter schools at juvenile detention centers

August 24, 2015
 Associated Press
An Indianapolis organization has proposed creating a charter school at juvenile detention centers statewide.
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COA splits over railroad benefits in divorce case

August 24, 2015
Dave Stafford
A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday.
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Indiana team that raided Fogle's home used mobile laboratory

August 24, 2015
 Associated Press
When they arrived at Jared Fogle’s home last month, law enforcement officials were armed with more than a search warrant.
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Maternity leave not excusable neglect for bank, but remand ordered

August 24, 2015
Dave Stafford
Huntington Bank failed to convince the Indiana Supreme Court that an overlooked notice in a mortgage foreclosure case was excusable neglect because the person who normally handled such notices was on maternity leave.
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Tax court reaffirms ruling against Grant County assessor

August 21, 2015
Dave Stafford
The Indiana Tax Court on Friday reaffirmed its ruling that a company received insufficient notice of a retroactive assessment of its property in Grant County.
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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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