Legal News

Economic harm is key part of gay marriage argument

September 10, 2014
Marilyn Odendahl
When the 7th Circuit Court of Appeals on Sept. 4 affirmed Indiana’s marriage law was unconstitutional, Judge Richard Posner’s opinion gave special nod to the economic harm married same-sex couples suffer by not receiving the tangible state and federal benefits that are extended to married opposite-sex couples.
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Marion County small claims reform faces hurdles in Legislature

September 10, 2014
Dave Stafford
The Indiana Supreme Court’s recommendation to merge Marion County’s nine township small claims courts with Marion Superior Court may be too bold for the Indiana General Assembly, a key senator said.
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Legal aid benefits from settlement

September 10, 2014
Marilyn Odendahl
A financial boost for legal aid is expected to come from one of the banks that contributed to the 2008 economic collapse. The money will bring much-needed funding to the state’s pro bono districts which have been crippled by dwindling revenues and growing client lists. While the money will help, some say it should have come sooner.
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Lawyers say communication is key to long-term preservation of large estates

September 10, 2014
Dave Stafford
A fortunate few wealthy families are able to preserve their estates for more than a couple of generations, but attorneys say communication can improve the odds that a grantor’s grandchildren will have something left to pass on.
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Indiana files same-sex marriage petition with SCOTUS

September 9, 2014
Marilyn Odendahl
In the race to get a same-sex marriage case before the Supreme Court of the United States this term, Indiana Attorney General Greg Zoeller’s office is arguing the state’s three lawsuits provide the best vehicle for resolving the same-sex marriage issue.
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Appeals court reverses suppression of polygraph in molestation case

September 9, 2014
Dave Stafford
A panel of the Indiana Court of Appeals Tuesday reversed a trial court order suppressing results of a polygraph test against a man who later was charged with child molestation.
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Award of attorney fees reversed in child-support dispute

September 9, 2014
Dave Stafford
The ex-wife in a child-support dispute was improperly awarded a portion of her attorney fees after the trial court rejected her ex-husband’s petition to modify child support.
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Late Fort Wayne program director to be honored with pro bono award

September 9, 2014
Marilyn Odendahl
The Indiana Bar Foundation and the Indiana Pro Bono Commission will recognize the dedication and tireless efforts of the late Terrance P. “Terry” McCaffrey at its 2014 annual pro bono awards ceremony.
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Former Marion Superior lobbyist new court administrator

September 9, 2014
Dave Stafford
The former lobbyist for Marion Superior Courts will now serve as the administrator for the 36 Indianapolis judges and more than 700 employees who work in the county’s judiciary.
 
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Marion Superior judge retirements to shuffle court assignments

September 9, 2014
Dave Stafford
The looming retirement of four judges and the coming election of five new Marion Superior jurists will result in multiple reassignments in the Indianapolis trial courts.
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Marion County justice complex could add civil courts, city official says

September 8, 2014
Dave Stafford
A consolidated criminal justice complex proposed for Marion County could also eventually house civil courts, a city official told judges Monday.
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Justices let stand order that Purdue release report on gender bias claim

September 8, 2014
Dave Stafford
The Indiana Supreme Court has denied Purdue University’s request to appeal court orders that it release a report investigating a fired chancellor’s alleged gender discrimination and harassment complaint.
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Supreme Court approves requirement for attorneys to report pro bono hours

September 8, 2014
Marilyn Odendahl
Starting Jan. 1, 2015, Indiana attorneys will be required to report the number of hours they provide free legal assistance to indigent clients.
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Beer distributor Monarch stepping up booze push

September 8, 2014
Kathleen McLaughlin, IBJ Staff
In a campaign to enter the hard liquor business, Monarch Beverage Co. is pursuing a new tactic that takes aim at state regulators.
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Denial of mortgage lender’s license is within state’s authority, COA rules

September 8, 2014
Marilyn Odendahl
The Indiana Court of Appeals found the Indiana Department of Financial Institutions had the authority to deny a mortgage lender originator’s license to an applicant who has a criminal record. 
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IU Maurer creates partnership with Princeton University

September 8, 2014
Marilyn Odendahl
Indiana University Maurer School of Law’s effort to find and recruit well-qualified undergraduates has hit a milestone, developing a partnership with an Ivy League institution.
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Appeals court reverses summary judgment in freezing-fog fall

September 8, 2014
Dave Stafford
A medical worker who sued her employer after slipping and falling in a parking lot made slick by freezing fog may proceed with her lawsuit, a divided Court of Appeals panel ruled, reversing summary judgment in favor of a Richmond hospital.
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Appeals court bounces IURC ruling favoring Duke on Edwardsport plant

September 8, 2014
Dave Stafford
The Indiana Utility Regulatory Commission failed to comply with laws and regulations when it approved an order allowing Duke Energy to pass along to ratepayers certain construction costs for the $3 billion Edwardsport coal gasification plant in Knox County.
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Federal judges allows sex discrimination lawsuit against Catholic diocese to continue

September 8, 2014
Marilyn Odendahl
A Fort Wayne school teacher’s allegation of sex discrimination against the Diocese of Fort Wayne – South Bend Inc. can proceed after a federal judge found a jury should decide the issue.
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7th Circuit finds Indiana’s marriage law irrational and unconstitutional

September 5, 2014
Marilyn Odendahl
Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.
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7th Circuit rejects denial of disabled woman’s benefits

September 5, 2014
Marilyn Odendahl
Finding repeated fault with the administrative law judge who denied a Chandler woman Social Security disability payments, the 7th Circuit Court of Appeals reversed and remanded the case to the Social Security Administration.
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ICRC has jurisdiction in basketball race discrimination case

September 5, 2014
Dave Stafford
The Indiana Civil Rights Commission has jurisdiction in a racial discrimination claim brought by a former basketball player against Cardinal Ritter High School, but the ICRC dropped the ball in the case, the Court of Appeals ruled Friday.
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Summary judgment affirmed in hysterectomy med-mal case

September 5, 2014
Dave Stafford
The Indiana Court of Appeals Friday affirmed summary judgment in favor of health care providers in a lawsuit brought by a woman claiming doctors did not obtain informed consent before performing a hysterectomy.
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Appeals court reversal reunites mother and children

September 5, 2014
Dave Stafford
A Grant County trial court abused its discretion in ordering the appointment of guardians for two children, the Indiana Court of Appeals ruled Friday, reversing a guardianship order and instructing the trial court to reunite the children with their mother.
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Bike rider loses 'no duty to stop' argument in resisting appeal

September 5, 2014
Dave Stafford
A bicycle rider convicted by a jury of resisting law enforcement lost his appeal Friday on his argument that he had no duty to stop after an Indianapolis police officer tripped his siren and followed him in his cruiser.
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