Legal News

Applications being accepted for St. Joseph Superior Court

December 19, 2012
IL Staff
Those interested in joining the St. Joseph Superior bench have until Jan. 18 to apply to the court’s nominating commission. The applicant chosen will replace Judge Roland Chamblee Jr., who is retiring in March.
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Rush robing ceremony set

December 19, 2012
IL Staff
Indiana Supreme Court Justice Loretta Rush’s formal robing ceremony will take place at 10 a.m. Friday, Dec. 28 in the Supreme Court Courtroom at the Statehouse.
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Conour court filings reveal lavish lifestyle

December 19, 2012
Dave Stafford
The ex-attorney is still without counsel in his wire fraud case and is proceeding pro se in his divorce and foreclosure cases.
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Powers collide in utility rate case charged by ethics scandal

December 19, 2012
Dave Stafford
Undue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.
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Rejecting the traditional legal career path

December 19, 2012
Marilyn Odendahl
Statistics may not provide a complete picture of female attorneys’ career aspirations.
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State drops charges against mom whose murder, arson convictions were overturned

December 18, 2012
Jennifer Nelson
The state has dropped charges against Kristine Bunch, the Decatur County woman who claimed she was wrongfully convicted of killing her son in a fire in 1995. Bunch was convicted in 1996 of murder and arson, but the Court of Appeals ordered a new trial this year.
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Attempted ‘hybrid’ defense delay didn’t violate speedy trial rule

December 18, 2012
Dave Stafford
A criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.
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AG’s office sues 2 foreclosure consultants

December 18, 2012
IL Staff
The Office of the Indiana Attorney General has filed lawsuits against two foreclosure consultant companies that took more than $2,600 from Indiana homeowners without providing services or refunds.
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The Star asks Supreme Court to review order to name online commenter

December 18, 2012
Dave Stafford
The Indianapolis Star has asked the Indiana Supreme Court to hear its appeal of an order that it identify an anonymous commenter who posted messages on its website that became part of a defamation suit.
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Justices order modification of sentence of convicted child caseworker to comply with plea agreement

December 17, 2012
Dave Stafford
A former child protective services caseworker convicted of sex crimes in Hamilton and Elkhart counties should have his sentence modified to comport with his plea agreement, the Indiana Supreme Court ordered.
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Justices take 6 cases, reject 26

December 17, 2012
Dave Stafford
The Indiana Supreme Court granted transfer in six of 32 cases reviewed in the week ending Dec. 14, according to the transfer disposition list posted Monday on the court website.
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Boosters of civic education honored by Indiana Bar Foundation

December 17, 2012
Marilyn Odendahl
During this week’s We The People state finals, the Indiana Bar Foundation will be honoring three individuals and one organization for their service to civic education and the competition.
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ATM fee notice change likely

December 17, 2012
IL Staff
A requirement that automated teller machines post notices on or near the machine will be repealed under a bill Congress has sent to President Barack Obama.
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Durham files to appeal federal conviction

December 17, 2012
IBJ Staff
Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.
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Woman who invited abusive spouse did not violate no-contact protective order

December 14, 2012
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did not criminalize the violation of a protective order by the protected person.
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Star seeks rehearing on order to identify online commenter

December 14, 2012
Dave Stafford
The Indianapolis Star is asking the Court of Appeals to reconsider its order issued Dec.7 that required the newspaper to release the name of an online commenter Friday to a plaintiff who claims the remarks defamed him.
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Split court upholds $3.9 million workplace injury judgment

December 14, 2012
Dave Stafford
Whether a general liability carrier could intervene in a workplace injury lawsuit that awarded a plaintiff $3.9 million is a question that divided the Indiana Court of Appeals, which affirmed the lower court ruling.
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COA reminds ex-spouse that turnips cannot bleed

December 14, 2012
Marilyn Odendahl
Calling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease in her spousal support and reminded her that “one cannot bleed a turnip.”  
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Divided appeals court affirms denial of incapacity maintenance

December 14, 2012
Dave Stafford
A woman with longstanding disabilities denied incapacity maintenance in her divorce judgment convinced one appellate judge that the trial court abused its discretion, but the majority affirmed the lower court’s decision.
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Judges uphold workers’ comp claim for nurse

December 14, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s ruling in favor of a home health care registered nurse on her claim for workers' compensation. The judges rejected the company’s argument that the board’s decision was based on the defunct “positional risk doctrine.”
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Hoosiers want legislators to focus on job creation

December 13, 2012
IL Staff
A survey released Thursday by the Bowen Center for Public Affairs at Ball State University shows that 81 percent of residents want job creation to be the main priority for the Indiana General Assembly in 2013. This is the third straight year that Hoosiers said jobs are the No. 1 priority.
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Justices issue 4 opinions tackling prejudgment interest

December 13, 2012
Jennifer Nelson
In four opinions dealing with the award of prejudgment interest under the Tort Prejudgment Interest Statute, the Indiana Supreme Court found Wednesday, among other things, that the TPIS applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist policy.
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Judges rule legal malpractice claim untimely

December 13, 2012
Jennifer Nelson
A family who sued an Allen County attorney after finding out he did not properly obtain ownership of a railroad right-of-way in 1995 lost its appeal before the Indiana Court of Appeals because the family’s lawsuit is barred by the statute of limitations.
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7th Circuit affirms ruling for officers on excessive force claims

December 13, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.
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Builder allowed to foreclose on lien

December 12, 2012
Jennifer Nelson
The Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose on a mechanic’s lien after the client withheld a final payment, claiming faulty work.
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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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