Legal News

7th Circuit dismisses campground owner’s appeal after raising new arguments

July 3, 2013
Jennifer Nelson
A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.
More

Guardian may not file for divorce on behalf on incapacitated adult

July 3, 2013
Jennifer Nelson
Citing a 1951 Indiana Supreme Court case, the Court of Appeals has affirmed that the law does not allow a guardian of an incapacitated person to file a petition for divorce on behalf of the incapacitated person.
More

COA split over reversing summary judgment in slip-and-fall case

July 3, 2013
Jennifer Nelson

The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.

More

Judges uphold sale of properties in tax sale

July 3, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.
More

Firms with Indiana presence make Top 30 in corporate counsel survey

July 3, 2013
IL Staff
Two big law firms with presences in Indiana made the list of law firms offering the best service for Fortune 1000 clients, according to a survey of corporate counsel.
More

Resisting law enforcement conviction reversed because man had no duty to stop

July 3, 2013
Jennifer Nelson
Finding police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify a seizure of a Marion County man, the Indiana Court of Appeals concluded Keion Gaddie was subject to an unlawful stop.
More

Chief justice appoints Bloomington man to disciplinary commission

July 3, 2013
IL Staff
Chief Justice Brent Dickson has appointed Bloomington resident Kirk White to a five-year term with the Indiana Supreme Court Disciplinary Commission. White fills a vacancy created by the expiration of Richmond resident Fred Austerman’s second term.
More

Ex-prosecutor pleads guilty to bribery

July 3, 2013
IL Staff
A former Marion County deputy prosecutor pleaded guilty Tuesday in an Indianapolis federal court to accepting a bribe. As part of the plea, he agreed to tell federal prosecutors what he knows about public corruption in Indianapolis.
More

Fireworks lawyers help clients with flying colors

July 3, 2013
Dave Stafford
Muncie attorney John H. Brooke has a flair for providing hands-on help to his clients in the fireworks business. Say someone’s unavailable at the last minute to fire off a town’s Fourth of July display. Brooke can handle that.
More

Settlement reached in Weinberger medical malpractice suits

July 3, 2013
Dave Stafford
Victims split $55 million, but some cases continue for former fugitive Merrillville ‘Nose Doctor.’
More

SCOTUS ruling limits worker harassment claims

July 3, 2013
The case of Vance v. Ball State University hinged on the definition of 'supervisor.'
More

SCOTUS decides high-profile cases in term's final weeks

July 3, 2013
IL Staff
The Supreme Court of the United States issued the final decisions of the 2012 term June 26. In addition to the Vance v. Ball State University ruling on the definition of “supervisor,” several of the decisions handed down during waning days of the term promise to have far-reaching impact.
More

Justices reinstate sex offender’s maximum sentence lowered by COA

July 2, 2013
Dave Stafford
The Indiana Supreme Court on Tuesday reinstated a trial court sentence that imposed maximum consecutive prison terms for a man convicted of two counts of Class B felony sexual misconduct with a minor.
More

Unpaid balance bars woman from being class representative in class-action complaint

July 2, 2013
Marilyn Odendahl
Even though a trial court initially certified a class in a lawsuit, the Indiana Court of Appeals has ruled in a case of first impression that the lower court can change its mind.
More

10-year sentence for 5-finger discount not inappropriate, COA rules

July 2, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found a sentence of 10 years for stealing a shirt valued at $14.99 is not inappropriate.
More

Candidates sought for Allen County magistrate

July 2, 2013
IL Staff
Allen Circuit Court is seeking qualified candidates for the position of magistrate.
More

Cabbies sue town of Speedway for race-day license seizures

July 2, 2013
IL Staff
More than 80 taxi cab drivers have sued the town of Speedway for allegedly seizing their licenses when they attempted to pick up fares after the Indianapolis 500 on May 26.
More

Justices deny transfer for two dozen cases

July 1, 2013
IL Staff
The Indiana Supreme Court rejected 24 requests for transfer last week, granting transfer in just one case which already has been decided.
More

Courts announce July 4 holiday closures

July 1, 2013
IL Staff
Indiana appellate courts and the 7th Circuit Court of Appeals are extending the Independence Day holiday to a four-day weekend.
More

Historic law firm and young upstart merge in southern Indiana

July 1, 2013
IL Staff
Two law firms in New Albany are joining together to form a 14-attorney office with expanded practice areas.  
More

Justices reverse juvenile placement on sex offender registry

July 1, 2013
Dave Stafford
A juvenile who pleaded guilty to what would have been Class D felony sexual battery if committed by an adult should not have been placed on the sex offender registry, the Indiana Supreme Court ruled Monday.
More

BP agrees to $7M settlement over tainted gas

July 1, 2013
IL Staff
BP Products North America will settle a class-action lawsuit resulting from a gasoline recall last year, agreeing to pay $7 million in damages, costs and claims, according to attorneys representing the class.
More

Indiana Supreme Court endorses new jury instructions for mentally ill defendants

June 28, 2013
Dave Stafford
Although it affirmed the judgment of the post-conviction court in denying relief, the Indiana Supreme Court endorsed a change in jury instructions regarding mentally ill defendants.
More

Tax court affirms classification of beneficiaries

June 28, 2013
Dave Stafford
A Hamilton County judge correctly classified beneficiaries as Class B and Class C transferees, subjecting them to higher taxes under Indiana’s inheritance tax, the Indiana Tax Court ruled Friday.
More

Justices disapprove of consideration of community outrage when reviewing sentence

June 28, 2013
Jennifer Nelson
The Indiana Supreme Court upheld a man’s 53-year sentence for battery and neglect of dependent convictions, but disagreed with the Court of Appeals’ reasoning for affirming the sentence.
More
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

ADVERTISEMENT