Legal News

Teens sue school after expulsion for online death threats

April 26, 2012
IL Staff
The three teenage girls who were expelled from school because of their after-school online activity filed a lawsuit Wednesday in federal court against the northern Indiana school district. The teens claim the death threats they made on Facebook were made jokingly and their First Amendment rights are being violated.
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Catholic school teacher claims termination due to fertility treatments

April 25, 2012
Jennifer Nelson
A Fort Wayne teacher whose contract at St. Vincent de Paul School was not renewed last year claims it was because she is undergoing fertility treatment.
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5th Amendment right against self-incrimination not violated

April 25, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.
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COA rules on Kroger fuel sign dispute

April 25, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.
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Former Evansville legal aid director honored at Law Day dinner

April 25, 2012
IL Staff
Sue Ann Hartig, who retired this year after serving as executive director of the Legal Aid Society of Evansville for more than 25 years, received the James Bethel Gresham Freedom Award April 20 from the Evansville Bar Association.
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IMS attorney excels in fast-paced work environment

April 25, 2012
Jenny Montgomery
Susan Rivas enjoys the sound of cars zipping around the track at the Indianapolis Motor Speedway. Her office window overlooks the back of the grandstand, about 100 feet away, where workers are busy readying the stands for thousands of visitors.
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Changing world inspires law school program

April 25, 2012
Holly Wheeler
The recently announced dual degree J.D./LL.B. program by the Indiana University Maurer School of Law and Jindal Global Law School in India is still in the planning stages, but to many legal professors and professionals, the program promises to be a boon for students interested in practicing international law.
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Federal courthouse on list for closure consideration

April 25, 2012
Michael Hoskins
The Terre Haute courthouse survived a shutdown list in 2006 by building a new facility.
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Temporary admissions may create problems

April 25, 2012
Jenny Montgomery
Being unaware of court rules can lead to disciplinary action.
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ATM fee disclosure rules and related litigation

April 25, 2012
Jenny Montgomery
In 2011, nine lawsuits were filed in the United States District Court, Southern District of Indiana, in which plaintiffs sued owners or operators of ATMs for failing to post a sign advising users of usage fees. Similar suits have been filed around the country, and groups that represent ATM owners’ interests are calling for a change to federal law to stop further litigation.
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Importance of contracts in construction

April 25, 2012
Jenny Montgomery
A construction management company was found not liable by the Indiana Supreme Court for a subcontractor's injury.
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2 cases prompt new real estate law

April 25, 2012
Jenny Montgomery
Indiana court opinions influence new foreclosure statute and amendment.
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Appellate court reverses ALJ in unemployment claim

April 24, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.
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Insurer failed to prove driver violated policy clause

April 24, 2012
Jenny Montgomery
Because a drug test failed to show conclusively when a driver last used marijuana before a fatal crash, an insurer cannot deny payment based on an exclusionary clause in the policy, the Court of Appeals determined.
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COA reverses trial court in estate case

April 24, 2012
Jenny Montgomery
The Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not notify opposing counsel that a motion had been filed.
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Justices deny case involving trial judges issuing orders against other courts

April 24, 2012
IL Staff
The Indiana Supreme Court will not take the lawsuit filed by six people against Marion Superior Judge William Young for his actions in traffic court. The plaintiffs wanted the special judge appointed to their case to order Young to comply with certain procedures, which included mandating Young allow the general public to attend court sessions.
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Appellate panel affirms trial court in dispute over unpaid land rental

April 23, 2012
Jenny Montgomery
A trial court did not abuse its discretion when it denied a man damages for conversion, the Indiana Court of Appeals found.
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Question about residency leads to reversal in insurance case

April 23, 2012
IL Staff
Because a genuine issue of material fact exists as to whether a teenager lived with his mother or father, an appellate panel has remanded the matter for trial.
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COA reverses conviction based on continuing crime doctrine

April 23, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.
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IndyBar releases results of judicial candidate peer evaluation

April 23, 2012
Jennifer Nelson
The Indianapolis Bar Association’s Judicial Excellence Political Action Committee released the results of its 2012 judicial candidate evaluation. The Democratic and Republican Party ballots will feature twelve candidates vying for 10 spots on Marion Superior Court. The candidates received varied approval rates, from just 18 percent to nearly 97 percent.
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Dinner to celebrate former chief justice May 10

April 20, 2012
Jennifer Nelson
Distinguished members of the judicial community, including former Massachusetts Chief Justice Margaret H. Marshall, will be on hand May 10 at a celebration dinner honoring former Indiana Chief Justice Randall T. Shepard.
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Proposed law school building at Indiana Tech approved

April 20, 2012
Jennifer Nelson
The Fort Wayne Board of Zoning Appeals has unanimously approved Indiana Tech’s plans to build a new law school on its campus in the northeastern Indiana city.
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COA to hear 'right to farm' argument

April 20, 2012
Jennifer Nelson
The Indiana Court of Appeals will hear a case Monday involving a dispute between neighboring pork farms.
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Judge rejects Durham motion to throw out indictment

April 20, 2012
Greg Andrews
A federal judge on Thursday rejected Indianapolis financier Tim Durham’s months-long quest to have his indictment dismissed on the grounds that the government used wiretaps before it had court authorization to do so.
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Judges affirm denial of post-conviction relief

April 19, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the denial of a man’s request for post-conviction relief because he couldn’t prove that his trial or appellate counsel were ineffective.
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  1. 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.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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