Legal News

For-profit Veolia Water not entitled to common law sovereign immunity

February 6, 2014
Jennifer Nelson
The Indiana Supreme Court held Thursday that for-profit, private company Veolia Water is not entitled to common law sovereign immunity from liability for damages resulting from a fire that destroyed an Indianapolis Texas Roadhouse restaurant in 2010.
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Southern District local rules changing Feb. 10

February 6, 2014
IL Staff
The U.S. Bankruptcy Court for the Southern District of Indiana has amended its local rules and those changes will take effect Feb. 10.
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Court finds interview is not a violation of professional conduct rules

February 6, 2014
Jennifer Nelson
A federal magistrate in Hammond has ruled there were no violations of the Indiana Professional Rules of Conduct when defense counsel interviewed a potential witness in preparation for trial after discovery had closed.
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Reprimand issued for ALJ in IURC-Duke scandal

February 6, 2014
Dave Stafford
A former administrative law judge with the Indiana Utility Regulatory Commission has been reprimanded by the Indiana Supreme Court, which ruled this week that a harsher sanction was unwarranted because he’d already been punished enough for seeking a job with Duke Energy while making rulings concerning the utility.
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COA: Lifetime suspension of driving privileges is not a punishment

February 5, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that his lifetime suspension of driving privileges is cruel and unusual punishment, upholding the suspension. They held the suspension is not punitive.
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Special prosecutor sought in Clark County Drug Court matter

February 5, 2014
Dave Stafford
Problems in a southern Indiana drug court – including the jailing of multiple people for months without due process – have led to a formal request for a special prosecutor.
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Senator steers clear of beer wholesaler legal battle

February 5, 2014
Kathleen McLaughlin
The Indiana Legislature won't interfere with beer wholesaler Monarch Beverage Co.'s quest in federal court for the right to distribute liquor.
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COA replaces opinion on post-conviction ruling with corrected version

February 5, 2014
Jennifer Nelson
Acknowledging that the state is correct when it claims the Indiana Court of Appeals relied on the wrong Supreme Court decision in affirming the denial of a petition for post-conviction relief, the appellate court issued a new opinion Wednesday.
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Court prevents mother from relocating to Hawaii with daughter

February 5, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed with a trial court Wednesday that it is not in the best interests of a child to move to Hawaii with her mother and stepfather.
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7th Circuit rules for city on discrimination claims brought by black officers, firefighters

February 5, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed summary judgment for the City of Indianapolis in two lawsuits brought by dozens of black police officers and firefighters over the examination process used by the city for promotions.
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Ruling prevents county from subrogating damages after courthouse fire

February 5, 2014
Jennifer Nelson
The Indiana Court of Appeals Tuesday adopted the “majority approach” in a waiver of subrogation issue and concluded a southern Indiana county waived its right to subrogate any and all claims covered by its property insurance. Jefferson County sued contractors after its courthouse caught fire during renovations in 2009.
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Man is first charged under federal human trafficking law

February 5, 2014
IL Staff
U.S. Attorney Joe Hogsett announced Tuesday that his office has filed a nine-count federal indictment against an Indianapolis man for human trafficking. These are first-of-a-kind charges in Indiana, according to the U.S. Attorney’s Office in the Southern District of Indiana.
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Southern District courts delay opening Wednesday

February 4, 2014
All locations of the United States District Court, Bankruptcy Court and Probation Office for the Southern District of Indiana will delay opening until noon local time. The delayed schedule is due to the winter storm approaching Indiana Tuesday evening.
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Lawmakers fly through bills to meet deadlines, beat weather

February 4, 2014
IL Staff
The Indiana General Assembly has adjourned for the week after working quickly to move bills out of the House of Representatives and Senate by their respective deadlines. The legislators also kept an eye on a winter storm heading toward Indiana Tuesday.
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Judges order injunction against enforcement of permit policy

February 4, 2014
Jennifer Nelson
A man who wanted to protest a proposed United Nations arms treaty on Indianapolis’ Monument Circle in 2012 but was kicked off the property because of a lack of permit was victorious in the 7th Circuit Court of Appeals Tuesday.
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COA affirms disability benefit for injured officer

February 4, 2014
Jennifer Nelson
Noting that the statute is ambiguous, the Indiana Court of Appeals found the Indiana Public Retirement System’s longtime use of a formula to calculate the disability benefits of a police officer shot while in the line of duty to be reasonable.
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Evidence supports CHINS finding, COA affirms

February 4, 2014
Jennifer Nelson
Based on evidence that a mother continued to have extensive problems with drugs and violent relationships with her children’s fathers, the Indiana Court of Appeals affirmed the determination that a woman’s two young children were children in need of services.
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Judges reduce restitution award stemming from correctional officer attack

February 4, 2014
Jennifer Nelson
A partial permanent impairment settlement cannot be considered by a trial court when imposing restitution, the Indiana Court of Appeals held Tuesday.
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7th Circuit: Man’s offense level for selling gun was properly increased

February 4, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Monday affirmed the 60-month sentence imposed on a convicted felon prohibited from possessing a gun who sold the weapon to a man who was also prohibited from possessing a gun. The judges held that the District Court properly increased Darnell Jackson’s offense level because he committed separate offenses.
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Court affirms CHINS finding of child abandoned by parents

February 4, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected arguments by parents that their son should have been found to be a child in need of services under Indiana Code 31-34-1-6 because he substantially endangers his own health or the health of his family members. The appellate judges affirmed the CHINS finding under I.C. 31-34-1-1 that the parents had abandoned the child once he was placed in an emergency shelter.
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Official declines to rule out airport location for Criminal Justice Complex

February 3, 2014
Dave Stafford
Marion Superior judges Monday heard an update on a proposed Criminal Justice Complex, and one asked if “we can put to rest” speculation that the courts and jail would move to a site at Indianapolis International Airport.
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Civil case filing now all electronic in Northern District

February 3, 2014
IL Staff
Beginning Monday, all new civil cases filed by counsel will be filed electronically in CM/ECF, the U.S. District Court for the Northern District of Indiana has announced. Electronic filing will become mandatory as of Feb. 24. 
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Disability, religious-freedom claims clash at Indiana Supreme Court

February 3, 2014
Dave Stafford
An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.
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Marion County judges may tour other cities’ unified justice complexes

January 31, 2014
Dave Stafford
Marion Superior judges may soon visit cities having centralized justice centers to tour those facilities as Indianapolis and county officials move forward with plans for a Criminal Justice Complex.
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Indiana Legal Services’ case load likely to increase with additional federal dollars

January 31, 2014
Marilyn Odendahl
After watching its federal appropriation sink to $4.7 million during the economic downturn, Indiana Legal Services is set to receive a boost in funding for the 2014 calendar year.
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