Legal News

Certified question regarding Patient’s Compensation Fund dismissed

May 21, 2015
IL Staff
The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.
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FBI special agent to speak at Indiana Bar Foundation’s Fellows Dinner

May 21, 2015
Marilyn Odendahl
The 2015 class of Fellows will be inducted during the Indiana Bar Foundation’s Fellows Dinner at 6 p.m. June 13 at the historic Allen County Courthouse.
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ESPN to appeal Indiana judge's ruling on Notre Dame police

May 21, 2015
 Associated Press
ESPN will appeal a northern Indiana judge's ruling that the University of Notre Dame police department is not subject to the state's open records law.
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Magistrate chides ‘bloated filings’ in long-running gun dispute

May 20, 2015
Dave Stafford
A federal magistrate judge in a protracted trademark dispute over the design of competing firearms took aim Tuesday at lawyers he said were slowing the case.
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Savings clause of 2014 criminal code revision not unconstitutional

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the savings clause of the 2014 criminal code revision violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
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Fuel company settles claims over air emissions in 3 states

May 20, 2015
 Associated Press
Marathon Petroleum Corp. will pay a fine of nearly $3 million and spend another $2.8 million on pollution controls at its distribution terminals in Indiana, Kentucky and Ohio, the U.S. Justice Department said Tuesday.
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Judge approves $200M settlement in 2012 meningitis outbreak

May 20, 2015
 Associated Press
Victims of a 2012 meningitis outbreak caused by a now-closed Massachusetts compounding pharmacy will have access to a $200 million compensation fund, following approval Tuesday by a federal bankruptcy judge.
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COA: Trial court properly admitted drug evidence

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held that a trial court acted within its discretion when it admitted evidence found after executing a search warrant of a large quantity of marijuana in a defendant’s backpack, which led to the revocation of the defendant’s probation.
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Woman’s theft, check deception convictions affirmed

May 20, 2015
Jennifer Nelson
The Court of Appeals concluded Wednesday that a defendant did not establish that the trial court abused its discretion by refusing her proffered jury instruction or in the admission of pretrial identification evidence.
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7th Circuit affirms denial of railroad disability benefits

May 20, 2015
Dave Stafford
A railroad worker treated in Indiana for years for back injuries and pain failed to convince the 7th Circuit Court of Appeals he was entitled to federal disability benefits.
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Justices find nature of murders supports death penalty

May 20, 2015
Jennifer Nelson
A Gary man who shot and killed his wife and her two children at close range will remain on death row, the Indiana Supreme Court concluded Wednesday.
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Man’s life without parole sentence upheld

May 20, 2015
Jennifer Nelson
There is sufficient evidence to affirm a Fulton County man’s sentence of life without parole for his connection in the murder of an elderly woman during a home invasion, the Indiana Supreme Court ruled Wednesday.
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Double jeopardy requires reversal of 1 of prisoner’s convictions

May 20, 2015
Jennifer Nelson
An inmate in the Miami Correctional Facility scored a partial victory before the Indiana Supreme Court Tuesday. The justices reversed one of his convictions for battering a correctional officer, but declined to reduce his eight-year sentence.
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7th Circuit again denies Notre Dame’s request for injunction in contraception suit

May 20, 2015
Jennifer Nelson
A month after rehearing the University of Notre Dame’s request for a preliminary injunction that it need not comply with the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals again affirmed the denial of the school’s request.
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Pressure on PACER

May 20, 2015
Marilyn Odendahl
On May 1, protestors across the country launched their ire on the federal judicial branch. They were not maligning the judges or their decisions, but rather they were imploring the courts to upgrade and improve the online Public Access to Court Electronic Records system.
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Ruling clarifies, broadens admissibility of social media content as evidence

May 20, 2015
Dave Stafford
Donnell Wilson’s murder convictions for shooting and killing two gang members in Gary relied in part on Twitter posts shown to a jury in which he bragged about having a gun and threatened to shoot rival gang members.
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Startups take cloud-based tech savvy to legal realm

May 20, 2015
Jared Council
To some, the phrase “legal challenges” means lawsuits. For a few Indianapolis tech startups, it has an entirely different meaning: attorney pain points and business opportunities.
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Corporate clients are reshaping big law firms

May 20, 2015
Marilyn Odendahl
The demands being made by corporate executives and legal departments are forcing law firms to change not only how they do business but also how they run their business.
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Growth of IP law feeds large firms, boutiques

May 20, 2015
Dave Stafford
Not so long ago, patent and intellectual property attorneys most often practiced in firms that specialized in the technical, complex legal systems that govern and protect invention and creation. But big firms saw opportunities and seized them, sometimes gobbling up entire practices
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Lawyers treated to Time for Three on World IP Day

May 20, 2015
Dave Stafford
From Johannes Brahms’ “Hungarian Dance No. 5” to Robin Thicke’s “Blurred Lines,” what’s legal and what isn’t when it comes to musical performances shared center stage with the Time for Three trio during Indianapolis’ World IP Day event April 27.
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New lawyers admitted to the Indiana bar

May 19, 2015
Kelly Lucas
Telling them that it is a "good day to become a lawyer," Supreme Court Chief Justice Loretta Rush welcomed Indiana's newest attorneys to the Indiana bar and oversaw the admission ceremony Tuesday that included the recitation of oaths to practice before the state courts and U.S. District Courts for the Northern and Southern Districts of Indiana.
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Indiana judge weighs fate of BMV overcharges case

May 19, 2015
 Associated Press
A judge is weighing the fate of a lawsuit targeting the Indiana Bureau of Motor Vehicles after he heard arguments Monday in the case alleging that the BMV overcharged motorists by tens of millions of dollars for fees and services.
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Indianapolis bar owners challenge city’s smoking ban

May 19, 2015
 Associated Press
The Indiana Court of Appeals has heard arguments from the owners of two Indianapolis bars who want to overturn the city's 2012 ban on smoking.
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Former Lake County clerk given 4-year suspension

May 19, 2015
Marilyn Odendahl
The former clerk of Lake County who used federal funds to pay himself bonuses has been suspended from the practice of law after the Indiana Supreme Court found he had betrayed the public’s trust and violated both his oath of office and of attorneys.
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Failure to buckle a seatbelt cannot be used to prove contributory negligence

May 19, 2015
Marilyn Odendahl
The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state's Seatbelt Act may not be used to prove contributory negligence.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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