Legal News

Willfulness test sets high bar for IP treble damages

March 9, 2016
Marilyn Odendahl
A patent infringement fight involving Indiana’s Zimmer Inc. has sparked a judicial debate over how much leeway District Court judges should have when deciding how intentional an infringer’s actions were.
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Indiana and other states choking on EPA’s new Clean Power Plan

March 9, 2016
Marilyn Odendahl
The Clean Power Plan, which seeks to reduce greenhouse gases by imposing caps on states regarding carbon dioxide emissions, has incited a backlash that began before the rule was even published in the Federal Register. A coalition of states, including Indiana, is seeking review of the plan in federal court, claiming the rule exceeds the Environmental Protection Agency's statutory authority.
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State appealing ruling in Syrian refugee lawsuit

March 8, 2016
IL Staff
The state of Indiana officially filed notice Tuesday that it intends to appeal the ruling by a federal judge last month that blocked Gov. Mike Pence’s order barring state agencies from helping Syrian refugees resettle in Indiana.
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Jury awards Erin Andrews $55M in lawsuit over nude video

March 8, 2016
 Associated Press
A jury awarded Erin Andrews $55 million in her lawsuit against a stalker who bought a hotel room next to her and secretly recorded a nude video, finding that the hotel companies and the stalker shared in the blame.
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Court taking up whether lawmakers can keep emails private

March 8, 2016
 Associated Press
The Indiana Supreme Court will consider whether a state lawmaker’s emails and other correspondence with utility company officials about proposed legislation can be kept private.
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Mother of severely malnourished twins reaches plea deal

March 8, 2016
 Associated Press
An Anderson woman who allowed her 2-year-old twins to become so malnourished they couldn't walk, crawl or talk has agreed to plead guilty to child neglect charges.
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E-filing underway in Shelby County

March 8, 2016
IL Staff
Shelby County joins Hamilton and Clark counties in the growing list of jurisdictions where electronic filing of court documents is now available, the Indiana Supreme Court announced Monday.
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Marion County Bar Association opposes judicial selection bill

March 8, 2016
Dave Stafford
Lawmakers are working to craft an 11th-hour agreement on how judges should be chosen in Marion County after they were unable to reach a compromise Monday. Meanwhile, Indianapolis’ historically black bar association called for direct election of judges instead of a proposed merit-selection system.
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Kokomo council backs sexual orientation protections

March 8, 2016
 Associated Press
Officials in Kokomo have given initial approval to making it the latest Indiana city to ban discrimination based on sexual orientation and gender identity.
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COA: Anonymous tipster’s information enough for conviction

March 8, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of unlawful possession of a firearm by a serious violent felon after it found an anonymous tipster’s information constituted reasonable suspicion.
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Bill giving longer sentences to drug dealers headed to governor

March 7, 2016
Marilyn Odendahl
A bill imposing mandatory minimum sentences for drug offenders has been approved by the Indiana Legislature and is expected to be signed by Gov. Mike Pence.
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Man, IRS win split Tax Court decisions

March 7, 2016
Scott Roberts
The Indiana Tax Court ruled Nick Popovich should get $24,963 for successfully prosecuting his first motion to compel against the Indiana Department of Revenue, but ruled the Department of Revenue should get $5,175.25 in court fees for successfully defending Popovich’s second motion to compel.
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Texas lawyers sued for allegedly bankrolling BP spill scam

March 7, 2016
 Bloomberg News
Two high-profile Texas attorneys were sued by a fishing boat captain who said they were involved in a scam to cheat BP Plc out of millions of dollars with false compensation claims for the Gulf of Mexico oil spill.
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Justices take 3 new cases, split on others

March 7, 2016
Scott Roberts
The Indiana Supreme Court approved transfer to three cases last week involving duties of social hosts, compensation for teachers’ ancillary duties and jury instructions in a drunken-driving case. Justices were split 3-2 on four other petitions for transfer.
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High court rejects appeal in Batmobile copyright case

March 7, 2016
 Associated Press
The U.S. Supreme Court is staying out of a copyright dispute involving a California man who produced replicas of the Batmobile for car-collecting fans of the caped crusader.
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Supreme Court rejects Apple appeal over electronic books

March 7, 2016
 Associated Press
The U.S. Supreme Court rejected an appeal from Apple Inc. Monday and left in place a ruling that the company conspired with publishers to raise electronic book prices when it sought to challenge Amazon.com’s dominance of the market.
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High court voids Alabama ruling against lesbian adoption

March 7, 2016
 Associated Press
The Supreme Court of the United States ruled Monday that Alabama's top court went too far when it tried to upend a lesbian mother's adoption of her partner's children.
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3 Supreme Court finalists selected

March 4, 2016
IL Staff
The Judicial Nominating Commission has selected the three finalists to succeed retiring Justice Brent Dickson on the Indiana Supreme Court.
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Attorney: Child molest convict vows to support daughter

March 4, 2016
 Associated Press
The attorney for an Indianapolis man sentenced to 12 years on probation for molesting his daughter says his client has promised to devote his life to financially support the girl since he has avoided prison.
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Man can’t appeal piracy conviction

March 4, 2016
Scott Roberts
A man who pleaded guilty to piracy for his role in boarding a ship off the coast of Somalia in 2009 was denied a writ of habeas corpus because he waived that right when he pleaded to his crime.
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7th Circuit rejects group's I-69 challenges

March 4, 2016
Scott Olson
The 7th Circuit Court of Appeals affirmed a federal judge’s ruling granting a motion to dismiss some charges and grant summary judgment on others to the United States Department of Transportation after a group opposing I-69 construction in southern Indiana, Citizens for Appropriate Rural Roads, filed a lawsuit.
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Apple supporters weigh in, from big tech to a terror victim

March 3, 2016
 Bloomberg News
Apple Inc. drew support for its fight with the government over a terrorist’s iPhone from digital-rights groups, a United Nations official and even a man whose wife nearly died in the terror attack, as a deadline approached to weigh in on the historic privacy battle.
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Supreme Court upholds attempted obstruction of justice charge

March 3, 2016
Scott Roberts
The Indiana Supreme Court said it didn’t matter whether the statements made by a defendant in a letter he wrote to the mother of a child victim he molested were true, the man still was deserving of the attempted obstruction of justice conviction.
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Thursday Supreme Court interviews conclude

March 3, 2016
Dave Stafford
The Indiana Judicial Nominating Commission wrapped up the first day of interviews Thursday, hearing from 10 of the 15 applicants who seek to succeed Justice Brent Dickson on the Indiana Supreme Court.
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COA: man not entitled to relief under firearms statute

March 3, 2016
Scott Roberts
The Indiana Court of Appeals overturned a man’s request for summary judgment after he was fired for bringing a gun to work and instead granted summary judgment to his ex-employer after it found the man was not entitled to relief under statute or common law.
More
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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