Legal News

Judges reverse judgment in favor of town in water agreement dispute

May 9, 2014
Jennifer Nelson
A trial court erred as a matter of law in its interpretation of a disputed section of a water agreement between a real estate developer and the town of Huntertown; as such, the Indiana Court of Appeals reversed partial summary judgment in favor of the town.
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Indiana doesn’t have jurisdiction in IP suit, rules 7th Circuit

May 9, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a District judge to dismiss a case filed by a company with California ties against another California company alleging various IP violations. The judges found Indiana does not have personal jurisdiction over the matter based on emails the allegedly offending company sent.
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Man lacks standing to pursue cause of actions in failed home purchase

May 9, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed that the underwriter of title insurance stands in the shoes of its insureds, so a man suing several entities over a failed home purchase lacks standing to pursue his causes of action.
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Judges affirm $40,000 judgment in lawsuit involving neighbors

May 9, 2014
Jennifer Nelson
Noting the grounds on which a defendant sought relief from a $40,000 default judgment are unclear, the Indiana Court of Appeals affirmed that the man must pay his neighbor that amount.
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Lawsuits say Munster cardiologist inserted unneeded defibrillators

May 9, 2014
Dave Stafford
A Lake County cardiologist sued for performing surgeries to insert heart defibrillators that two patients say they didn’t need may have performed other such unnecessary procedures, attorneys say.
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Indiana justices consider whether ‘cause of death’ is public information

May 8, 2014
Marilyn Odendahl
The Evansville newspaper and local county health department appeared before the Indiana Supreme Court Thursday, reviving a dispute they had decades ago over whether death certificates are public record.
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Judges affirm $6,600 in child support arrearage

May 8, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed that a father owed only $6,600 in back child support and not $74,000 as the child’s mother claimed.
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COA: State had no authority to bring paternity action

May 8, 2014
Jennifer Nelson
A trial court erred in ordering a southern Indiana teen to undergo genetic testing to establish paternity of a stillborn child, the Indiana Court of Appeals held Thursday. It found the state, which filed the petition for paternity on behalf of the mother, had no authority to bring the action because there were no custody or support issues to be determined.
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Court rules Indiana must recognize couple’s same-sex marriage

May 8, 2014
Dave Stafford
Indiana must recognize the same-sex marriage of two women wed in Massachusetts, one of whom is gravely ill, a federal judge ruled Thursday. The state said it will appeal the narrow but historic ruling.
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Court finds man abandoned shareholder derivative claim

May 8, 2014
Jennifer Nelson
Because a man “expressly and unambiguously” abandoned his shareholder derivative claim when responding to a court demand to specify his legal claims, he cannot now assert that claim on appeal, the Indiana Court of Appeals ruled.
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Justices suspend attorney who staged own shooting

May 8, 2014
IL Staff
The Indiana Supreme Court has suspended the southern Indiana attorney who pleaded guilty last year to a misdemeanor charge stemming from shooting himself in a state park.
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Justices disbar attorney, threaten imprisonment for future violations

May 7, 2014
Jennifer Nelson
An attorney who continued to practice law despite being suspended in Indiana has been disbarred by the Indiana Supreme Court for his “on-going, pervasive and deliberate” violations of the suspension order.
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Former Clark Drug Court judge among incumbents who lost in primary

May 7, 2014
IL Staff
The Clark County judge who ran a drug court that kept some participants jailed for months without due process lost the primary election to a New Albany attorney.
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COA addresses evidence needed for animal fighting conviction

May 7, 2014
Jennifer Nelson
For only the second time, the Indiana Court of Appeals has addressed the issue of evidence used to obtain a conviction under I.C. 35-46-3-8, which outlaws buying or owning an animal for an animal fighting contest.
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Company fails to prove it is entitled to legal relief on 2 claims

May 7, 2014
Jennifer Nelson
The Indiana Tax Court Wednesday agreed with the Indiana Department of State Revenue that two claims made by a company appealing its tax liability should be dismissed because legal relief cannot be granted.
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Indy mayor wins redistricting battle

May 7, 2014
Jennifer Nelson
The Indiana Supreme Court ruled in favor of Indianapolis Mayor Greg Ballard Wednesday in a dispute between the mayor and Democratic members of the city-county council who challenged a redistricting plan passed in late 2011.
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Court of Appeals allows legal malpractice case to continue

May 7, 2014
Jennifer Nelson
The legal malpractice action filed by a man who pleaded guilty to money laundering – when he had the possibility to plead guilty to a misdemeanor if not for his attorney’s actions – will proceed after the Indiana Court of Appeals affirmed the denial of the attorney’s motion for summary judgment.
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Statute doesn’t allow consecutive habitual offender sentences

May 7, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s sentence for operating a vehicle while intoxicated, finding the trial court had no authority to order his present sentence, enhanced by the habitual substance offender statute, to be served consecutively to his previously enhanced sentences.
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Lawyer disciplined over third-party site

May 7, 2014
Dave Stafford
A recent Indiana attorney disciplinary order quickly prompted some analysts to predict the ruling would have a chilling effect on lawyers here and around the country. But the case also involved pursuit of discipline that a court-appointed hearing officer called “disconcerting.”
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Justices uphold conviction for blogger's threat to judge

May 7, 2014
Dave Stafford
The Indiana Supreme Court held that a blogger’s actions arising from being stripped of his children’s custody placed targets of his contempt in fear for their safety.
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ABA committee formed to study law school cost and debt

May 6, 2014
Marilyn Odendahl
Former Mayor of Detroit Dennis Archer has been appointed to lead a special task force to examine the cost of legal education and the spiraling loan debt of students.
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Excessive force, discrimination suit over alleged beating advances

May 6, 2014
Dave Stafford
A man who claims he suffered a bone-breaking beating at the hands of school employees providing security at his son’s high school football game may proceed with a federal lawsuit against the school district.
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Law graduates return home to address Class of 2014

May 6, 2014
Marilyn Odendahl
Alumni of Indiana law schools will be congratulating the new classes of attorneys and offering words of advice during upcoming Class of 2014 commencement ceremonies aross the state.
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Brandeis home sells for nearly $2 million less than list price

May 6, 2014
Marilyn Odendahl
The Louisville home where the late U.S. Supreme Court Justice Louis Brandeis spent his childhood has been sold at auction and appears likely to continue to be used as medical offices.
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Burmese man loses workplace discrimination appeal

May 5, 2014
Dave Stafford
A man born in Burma whose employment at a Mooresville factory was terminated after co-workers complained about his behavior failed to persuade the 7th Circuit Court of Appeals to reinstate his claim of discrimination based on national origin.
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