Legal News

Attorney general wants SCOTUS to reinstate death penalty

October 27, 2015
IL Staff
Indiana Attorney General Greg Zoeller announced Tuesday that he is asking the Supreme Court of the United States to reinstate the death penalty for Tommy R. Pruitt, who was convicted in the 2001 murder of a Morgan County sheriff’s deputy.
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Marion County auditor sues city, BlueIndy over car-sharing contract

October 27, 2015
Hayleigh Colombo
Marion County Auditor Julie Voorhies sued the city of Indianapolis on Monday over its contract with BlueIndy, saying the city illegally paid $6 million to the electric car-sharing service.
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Justices to hear Fortville annexation case

October 26, 2015
Jennifer Nelson
The Indiana Supreme Court will have its say on three cases it took on transfer last week, including the town of Fortville’s efforts to annex nearly 600 acres.
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Court should decide if nephew is uncle’s dependent next of kin

October 26, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of the driver in a deadly car accident on the decedent’s nephew’s wrongful death action, finding questions exist as to whether the nephew is his uncle’s dependent next of kin.
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Indiana asks state's high court to rehear 'Elkhart 4' case

October 26, 2015
 Associated Press, IL Staff
The state has asked the Indiana Supreme Court to reconsider its decision to throw out murder convictions against three Elkhart men whose accomplice in a burglary was shot and killed by a homeowner.
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Court rules for IPS in ex-employee’s 'Moorish Christmas' suit

October 23, 2015
Dave Stafford
An ex-Indianapolis Public Schools employee and minister fired after repeated complaints of physical altercations with students lost his federal discrimination lawsuit that claimed in part he was fired for religious reasons, including his request to be allowed off work to observe “Moorish Christmas.”
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Louisville student sues author, IBJ publishing unit over book

October 23, 2015
Indianapolis Business Journal, J.K. Wall
Indianapolis-based IBJ Book Publishing LLC and author Katina Powell have been sued by a University of Louisville student who claims her career prospects have been damaged by Powell’s book, which alleges Powell supplied strippers and prostitutes to the Louisville men’s basketball program.
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Inside massive injury lawsuits, clients get traded like commodities for big money

October 23, 2015
 Bloomberg News
For all the black robes and ceremony, the American legal system often operates more like a factory assembly line than a citadel of individualized justice. Now a legal dispute within a plaintiffs' law firm that organizes massive torts is threatening to pull back the curtain on the mechanics of high-volume litigation.
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Indiana part of lawsuit challenging EPA carbon rule

October 23, 2015
 Bloomberg News, IL Staff
Indiana and 22 other states filed a legal challenge Friday to the U.S. Environmental Protection Agency's new rule requiring existing power plants to make technological changes to reduce carbon dioxide emissions. The rule change is expected to unleash a flood of lawsuits from lawyers challenging everything from the timing to the constitutionality of President Barack Obama’s signature climate initiative.
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Case latest example of difficulty in prosecuting insider trading

October 23, 2015
 Bloomberg News
The U.S. dropped insider-trading charges against Michael Steinberg, a former fund manager at SAC Capital Advisors LP who was convicted by a federal jury, in the latest fallout from a major appeals court ruling that made such prosecutions more difficult.
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AG settles with Aspen Dental over deceptive advertising

October 22, 2015
IL Staff
The Office of the Indiana Attorney General has reached a settlement with New York-based Aspen Dental Management Inc. over deceptive advertising and unfair tactics claims used to promote services in Indiana.
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COA affirms sanctions for lawyer’s misrepresentation of invoices

October 22, 2015
Jennifer Nelson
The Indiana Court of Appeals called out an attorney for the errors in her appellate brief and considered requiring her to prove she attended continuing legal education on appellate practice before filing anything else before the appeals court.
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Lawsuit: School squelched workers' rights over online posts

October 22, 2015
 Associated Press
A federal lawsuit has been filed on behalf of two Indiana school cafeteria workers who were disciplined after posting concerns about school spending on social media.
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Has it become impossible to prosecute white collar crime?

October 21, 2015
 Bloomberg News
For close watchers of the interactions between the Justice Department and the financial industry, the mistrial in the Dewey & LeBoeuf case was about more than just the fact that a handful of jurors were too overwhelmed by the evidence presented to reach a verdict. The mistrial, after four months in court and 22 days of deliberations, hints at a much deeper problem: Perhaps most financial crime has simply reached a level of such complexity that it's beyond the reach of the law.
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UPS agrees to pay $4M to settle late-delivery probe

October 21, 2015
 Bloomberg News
Indiana is set to receive a portion of a $4 million settlement with UPS Inc. following allegations that the shipping company overcharged government customers in 14 states.
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Trial courts saw 1.3M new cases in 2014

October 21, 2015
IL Staff
More than 1.3 million new cases were filed in Indiana trial courts last year, according to the Indiana Judicial Service report released Wednesday. The report details court operations at the county and appellate level for calendar year 2014.
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DCS 'became the abusers'

October 21, 2015
Dave Stafford
A jury has awarded $31.3 million in an "arbitrary and capricious" case against parents in their child's death.
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Trust and the troubled child

October 21, 2015
Dave Stafford
Estate planning attorneys occasionally draw the strong-willed client who wants to leave money to an heir – but only if the kid sobers up, quits getting in trouble with the law, gets a job, stops living beyond his means, or changes behavior in some other way.
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Damages dispute against Zimmer Biomet subsidiary headed to SCOTUS

October 20, 2015
Marilyn Odendahl
A wholly owned subsidiary of Zimmer Biomet in Warsaw, Indiana, will be arguing it should not have to pay about $248 million in a patent infringement case scheduled to be heard by the Supreme Court of the United States.
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Prosecutor testifies in disciplinary hearing over Camm book deal

October 20, 2015
 Associated Press
An attorney who led the prosecution against a former Indiana State trooper acquitted of killing his wife and two children says a requested ethics investigation was a tactic to get him off the case.
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Officials, groups push for hate crime law in Indiana

October 20, 2015
 Associated Press
At least two Indianapolis-based officials and two organizations are calling upon state lawmakers to establish a hate crime law.
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Indiana man sentenced to probation for sex with teenager

October 20, 2015
 Associated Press
A 20-year-old Indiana man who spent 75 days in jail after pleading guilty to a misdemeanor for having consensual sex with a 14-year-old Michigan girl who lied about her age was resentenced Monday to two years of probation after telling the judge he has learned his lesson.
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Judge bars Indiana from enforcing ballot 'selfies' law

October 20, 2015
 Associated Press
A federal judge Monday barred Indiana from enforcing a new law that prohibits voters from taking photos of their election ballots and sharing the images on social media.
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Supreme Court could weigh in on student debt battle

October 20, 2015
 Bloomberg News
Mark Tetzlaff is a 57-year-old recovering alcoholic who has been convicted of victim intimidation and domestic abuse. He may also be the person with the best shot at upending the way U.S. courts treat student debt for bankrupt borrowers.
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Experts say free speech at stake in 'American Sniper' appeal

October 19, 2015
 Associated Press
Legal experts say important free speech issues will be at stake when an appeals court considers whether former Minnesota Gov. Jesse Ventura is entitled to the $1.8 million judgment he won against the estate of "American Sniper" author Chris Kyle.
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  1. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  4. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  5. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

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