Legal News

Attorney general sues home loan modification companies

May 15, 2012
IL Staff
Indiana Attorney General Greg Zoeller has filed five lawsuits against companies around the country he claims have scammed Hoosiers trying to keep their homes. Since 2006, the AG’s office has filed 110 suits against foreclosure consultant companies.
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Dickson selected as chief justice

May 15, 2012
IL Staff
Acting Indiana Chief Justice Brent Dickson has been selected by the Indiana Judicial Nominating Commission to be chief justice.
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Justices accept case that divided COA on state's abilty to appeal

May 14, 2012
Jennifer Nelson
The Indiana Supreme Court has taken a case in which the state appealed the grant of a motion to correct error. A split Indiana Court of Appeals concluded that the state could only appeal a denial of a motion to correct error.
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Court rules man invoked right to counsel

May 14, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s question, “Can I get a lawyer?” during police questioning unambiguously and unequivocally invoked his Fifth Amendment right to counsel, so the trial court erred in denying the man’s motion to suppress statements he made to police.
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Indiana joins price-fixing suit against Apple

May 14, 2012
Jennifer Nelson
Indiana has joined a multistate lawsuit against Apple Inc. and two publishing companies for price-fixing the cost of electronic books.
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Supreme Court declines attempted feticide case

May 11, 2012
Jennifer Nelson
The Indiana Supreme Court decided Friday that it would not take the case of a Marion County woman appealing her charges of murder and attempted feticide after ingesting rat poison in an attempt to kill herself and her unborn child.
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Court reform grant applications now available

May 11, 2012
IL Staff
The Indiana Supreme Court Division of State Court Administration is encouraging judges to apply for the 2012 Court Reform grants. The money can be used to improve local court systems.
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Surety not obligated to pay bond to subcontractor

May 11, 2012
Jennifer Nelson
A company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.
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Fund supports diversity in profession

May 11, 2012
Dave Stafford
A celebration of former Indiana Chief Justice Randall Shepard on Thursday set the stage for the launch of a fund in his name that will continue his legacy of promoting diversity.
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14 apply for Court of Appeals vacancy

May 10, 2012
IL Staff
Four trial judges and 10 attorneys have indicated they would like to be the next Indiana Court of Appeals judge.
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Suit claims marriage statute unconstitutional

May 10, 2012
IL Staff
A secular group and three of its members are suing the Marion County prosecutor and clerk, claiming an Indiana statute is unconstitutional because it says that religions are the only groups with rights to have their beliefs recognized in marriage ceremonies.
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State concedes traffic stop was invalid

May 10, 2012
Jennifer Nelson
On the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.
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Judges uphold jury's rejection of insanity defense

May 10, 2012
Jennifer Nelson
A woman convicted of murdering her young son has lost her appeal, in which she claimed the jury didn’t have sufficient evidence to reject her insanity defense.
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COA reverses in foreclosure dispute

May 10, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad faith.
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No error in admitting deposition testimony of witness

May 9, 2012
Jennifer Nelson
The Indiana Court of Appeals found the trial court did not err in admitting the deposition testimony of a witness in a murder case who refused to testify at trial and whom the defendant had a chance to examine at the deposition.
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Judges uphold drug convictions and sentence

May 9, 2012
Jennifer Nelson
A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.
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Man can't prove ineffective lawyer assistance

May 9, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.
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Changing, walking to workstations not compensable acts

May 9, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has ruled that employees asking to be compensated for changing into safety clothing and walking to their work stations are undermining the efforts of the union that represents them.
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7th Circuit rules Lilly sales reps not entitled to overtime

May 9, 2012
Jennifer Nelson
Pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.
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Child Advocates has been the voice of children for 30 years

May 9, 2012
Holly Wheeler
As Court Appointed Special Advocate for Marion County, Child Advocates is celebrating its 30th anniversary, having assisted more than 75,000 children since its inception. Today, the organization advocates for every child involved in a Marion County abuse or neglect case – more than 5,000 annually – with the help of more than 400 volunteers.
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New bar group advocates for military spouse JDs

May 9, 2012
Jenny Montgomery
Relaxed admission requirements by states could remove barriers to employment for lawyers who must move when spouse relocates.
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'Hologram' performance by Tupac creates legal questions for IP lawyers

May 9, 2012
Jenny Montgomery
Fans raved about the "hologram" Tupac Shakur's performance at Coachella. For intellectual property lawyers, Tupac’s virtual return to the stage raises some interesting questions.
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More attorneys choosing gradual retirement

May 9, 2012
Jenny Montgomery
Economics are one reason why lawyers postpone withdrawal from practice.
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Lawyers should stay away from 'daily deals'

May 9, 2012
Jennifer Nelson
An attorney's inquiry on a listserv led to the Indiana State Bar Association ethics opinion.
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AG announced Depakote settlement

May 8, 2012
IL Staff
Attorney General Greg Zoeller announced Monday that Indiana will recoup millions of dollars in two separate settlements of multistate lawsuits against pharmaceutical maker Abbott Laboratories over illegal off-label marketing of its drug, Depakote.
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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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