Legal News

COA says golf cart use is par for the course during the game

November 15, 2016
Olivia Covington
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
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Park Tudor gets prosecution deferral after Cox case

November 15, 2016
Dave Stafford
Park Tudor School will not face further penalties arising from its handling of an investigation of former basketball coach Kyle Cox, who was convicted and sentenced to 14 years in prison for trying to entice a 15-year-old student to have sex with him.
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Judge jails ex-Vigo County sheriff’s deputy, citing risk to public safety

November 15, 2016
IL Staff
A federal judge ordered a former Vigo County sheriff deputy’s pretrial detention because the officer posed a danger to public safety for threatening to kill potential witnesses, and because the evidence against him in a kickbacks case indicates “that he believes he can operate outside of the law.”
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Ex-deputy’s suit against Marion County deputy prosecutor proceeds

November 15, 2016
Dave Stafford
A former Marion County deputy sheriff’s malicious prosecution lawsuit will proceed against a deputy prosecutor he claims pressed for a misconduct investigation against him at the request of a show-business connection.
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Indianapolis federal courthouse gets national award

November 15, 2016
IL Staff
The Birch Bayh Federal Building and U.S. Courthouse has received national recognition for a refurbishment project that ushered the infrastructure of the 100-year-old building into the 21st century while preserving the structure’s distinguished spirit.
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Report: Cities boost policies to criminalize homelessness

November 15, 2016
 Associated Press
A new report says cities nationwide are enacting more policies that criminalize homelessness.
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Delaware County creates domestic violence court

November 15, 2016
 Associated Press
The Indiana Supreme Court has approved the creation of a domestic violence court in Delaware County.
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Lawsuit calls 2 Indiana tax statutes unconstitutional

November 14, 2016
Marilyn Odendahl
A Marion County resident, whose bank account of $155.44 was frozen by the Indiana Department of Revenue, is suing to prevent the state from taking assets for income tax debts without leaving the debtor something to pay for basic necessities like food and shelter.
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Charges dismissed against doctor accused of overprescribing

November 14, 2016
 Associated Press
A central Indiana judge has dismissed charges against a doctor who had faced allegations of overprescribing painkillers.
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Toyota to pay up to $3.4 billion to settle US truck suit

November 14, 2016
 Associated Press
Toyota will pay up to $3.4 billion to settle a class action lawsuit brought by U.S. pickup truck and SUV owners whose vehicles lacked adequate rust protection.
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Rejecting challenge of search, COA affirms cocaine conviction

November 14, 2016
Olivia Covington
Deciding that the “community caretaker role” exception to the Fourth Amendment can be extended beyond questions regarding seizures of a vehicle, the Indiana Court of Appeals affirmed a man’s cocaine conviction Monday after finding that evidence of the cocaine was not admitted in violation of his constitutional rights.
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Catholic bishops ask Trump for humane immigration policies

November 14, 2016
 Associated Press
The nation’s Roman Catholic bishops, meeting in Baltimore just days after Donald Trump was elected president, urged him Monday to adopt humane policies toward immigrants and refugees.
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Once in office, Trump can quickly alter Supreme Court agenda

November 14, 2016
 Associated Press
Even before Donald Trump chooses a Supreme Court nominee, the new president can take steps to make several contentious court cases go away.
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Trump win resets culture war debate on abortion, LGBT rights

November 14, 2016
 Associated Press
For the combatants in America’s long-running culture wars, the triumph of Donald Trump and congressional Republicans was stunning — sparking elation on one side, deep dismay on the other.
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Supreme Court won't review suit on Kansas science standards

November 14, 2016
 Associated Press
The U.S. Supreme Court has refused to review a nonprofit group's lawsuit claiming that science standards for Kansas public schools promote atheism.
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FBI: Hate crimes against Muslims up 67 percent in 2015

November 14, 2016
 Associated Press
The FBI says the number of hate crimes reported to police increased by about 6.7 percent last year, led largely by a 67 percent surge in crimes against Muslims.
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Disbarred Vegas lawyer gets prison for theft from clients

November 11, 2016
 Associated Press
A 48-year-old disbarred Las Vegas lawyer has been sentenced to up to seven years in state prison for stealing more than $140,000 from her former clients.
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After Obama, Trump may face children suing over global warming

November 11, 2016
 Bloomberg News
A lawsuit brought by children against the Obama administration may force President-elect Donald Trump to decide how far he’ll go to downplay the threat of global warming.
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District court fees to increase Dec. 1

November 11, 2016
IL Staff
Several fees included on the U.S. District Court’s Miscellaneous Fee Schedule will soon increase after the Judicial Conference approved fee changes at its September 2016 session.
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Indiana, 15 other states reach data breach settlement with Adobe

November 11, 2016
IL Staff
Indiana will soon receive nearly $54,000 for consumer education and protection programs after it and 15 other states reached a settlement with software company Adobe Systems Inc.
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Trump lawyers to begin settlement talks on Trump University

November 11, 2016
 Associated Press
Donald Trump's attorneys on Thursday agreed to enter settlement talks in a class-action fraud lawsuit involving the president-elect and his now-defunct Trump University, raising the possibility of a quick end to the 6 ½-year-old case just before it goes to trial.
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Auditor says Eskenazi Health fired her for identifying improper billing

November 11, 2016
John Russell, IBJ Staff
A compliance auditor at Eskenazi Health claims she was fired after alerting her supervisor that the hospital was improperly billing the federal government and Indiana for potentially hundreds of patients whose bills were already being paid by research grants.
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Authorities, schools on alert as Cincinnati awaits verdict

November 10, 2016
 Associated Press
Authorities were on alert and school officials took precautions Thursday as jurors deliberated a second day in the Ohio murder trial of a white former police officer who said he feared for his life before fatally shooting an unarmed black man during a traffic stop last year.
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Trump University lawsuit heads toward Nov. 28 trial

November 10, 2016
 Associated Press
Donald Trump is scheduled to go on trial this month in a class-action lawsuit against him and his now-defunct Trump University, potentially taking the witness stand weeks before his inauguration as president of the United States.
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Fired manager files discrimination suit against Eskenazi Health

November 10, 2016
John Russell, IBJ Staff
A former manager at Eskenazi Health in Indianapolis claims she was fired after complaining that her boss was pressuring her to hire more minorities.
More
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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