Legal News

Son’s suit against father not barred by Indiana Guest Statute

July 23, 2012
Jennifer Nelson
A divided Indiana Supreme Court has found that a lawsuit filed by a son after his father hit him with his car while the son tried to help his father park isn’t barred by Indiana’s Guest Statute.
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Judges affirm construction company had to pay into union funds

July 23, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with an Indiana federal court that a construction company that entered into a working agreement with a cement masons union had to contribute to two funds for all hours worked, not just bargaining unit work.
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Indianapolis attorney resigns from bar

July 23, 2012
IL Staff
The Indiana Supreme Court has accepted the resignation of the Indianapolis attorney who pleaded guilty earlier this year to theft from two clients.
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Chief justice appoints 2 to rules committee

July 23, 2012
Jennifer Nelson
Indiana Chief Justice Brent E. Dickson has appointed Lake Superior Judge Calvin D. Hawkins and Muncie attorney Perry Gregory Cross to the Indiana Supreme Court Committee on Rules of Practice and Procedure.
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Man not entitled to disability benefits

July 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals was sympathetic to a man’s medical condition but affirmed the decision by an administrative law judge that he’s not disabled is supported by the evidence.
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Court upholds probation revocation

July 20, 2012
Jennifer Nelson
All of the arguments made by a man as to why his probation shouldn’t have been revoked failed before the Indiana Court of Appeals.
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Judges affirm 65-year murder sentence

July 20, 2012
Jennifer Nelson
Nothing about the defendant’s “extremely violent character” merited the Indiana Court of Appeals to reduce his murder sentence, the appellate judges ruled Friday.
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Darden retirement ceremony July 25

July 20, 2012
IL Staff
The Indiana Court of Appeals will celebrate Judge Carr Darden’s 18 years of service at a retirement ceremony July 25. Darden is leaving the court because will turn 75 Saturday, the age of mandatory retirement. He will continue to serve as a senior judge.
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Evansville senior judge dies

July 19, 2012
IL Staff
Judge Thomas “Tom” Lockyear, the man who was appointed to Vanderburgh Superior Court in 1985 to replace former Chief Justice Randall T. Shepard, died Wednesday.
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COA upholds molester’s sentence, registration requirement

July 19, 2012
Jennifer Nelson
The trial court order that a Vigo County man convicted of child molesting must register as a sexually violent predator did not violate the ex post facto clause of the Indiana Constitution, the Court of Appeals ruled.
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Southern District IFCD names new executive director

July 19, 2012
IL Staff
Criminal defense attorney Monica Foster has been chosen by the Indiana Federal Community Defenders Inc.’s board of directors as the agency’s new executive director in the Southern District of Indiana. Foster will replace Bill Marsh, who is retiring later this summer.
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Indiana seeks to overturn EPA decision on air quality in Lake, Porter counties

July 19, 2012
IL Staff
Gov. Mitch Daniels and Indiana Attorney General Greg Zoeller said Wednesday they will appeal the U.S. Environmental Protection Agency’s decision to designate Lake and Porter counties as nonattainment regarding ozone.
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Judges send teen’s emotional distress case back to trial court

July 19, 2012
Jennifer Nelson
The Indianapolis teenager who saw his deceased mother’s remains being dragged out of their apartment on a mattress because she was extremely obese will have his claim for damages for intentional infliction of emotional distress against the coroner and city heard by the trial court.
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Mother of man shot to death at Kroger files suit

July 19, 2012
Scott Olson
The mother of an Indianapolis man fatally shot in December by a Kroger manager during what police determined was an attempted robbery is suing the supermarket chain for wrongful death.
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10 Supreme Court semifinalists selected

July 18, 2012
IL Staff
Six women and four men are semifinalists for appointment to the Indiana Supreme Court.
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Interviews for Supreme Court opening continue

July 18, 2012
Dave Stafford
The Indiana Judicial Nominating Commission continued interviews Wednesday with the 22 candidates vying to replace retiring Justice Frank Sullivan Jr. The interviews concluded around noon, and the commission will narrow the list this afternoon to those who will be interviewed a second time in August.
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Tests not required to disprove arrestee intoxication

July 18, 2012
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals rejected a woman’s argument that the Indiana Code requires law enforcement personnel to evaluate if there could be other reasons a person is displaying signs of intoxication before arresting her for public intoxication.
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COA affirms rulings for Sellersburg in annexation case

July 18, 2012
Jennifer Nelson
The town of Sellersburg’s annexation proceedings should take priority over an incorporation proceeding involving the same area of land, the Indiana Court of Appeals held.
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Judges send insurance case back to trial court

July 18, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the trial court’s grant of summary judgment in favor of an insurer in a dispute over whether it should pay a claim for underinsured motorist coverage.
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State will appeal IBM ruling

July 18, 2012
Jennifer Nelson
The state is going to appeal Wednesday’s decision in Marion Superior Court that it pay IBM $52 million for ending early its billion-dollar contract with the company to update the state’s welfare system.
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Comment needed on bankruptcy local rule changes

July 18, 2012
IL Staff
The United States Bankruptcy Court in the Southern District of Indiana is seeking comment on proposed amendments to its local rules. The changes include references to the local rules of the District Court.
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State must pay $52M over terminated welfare contract

July 18, 2012
Jennifer Nelson
Marion Superior Judge David Dreyer has ordered the state to pay IBM an additional $12 million in early termination closeout payments and for equipment it retained after canceling a contract with IBM to implement a modernized welfare system. The judge previously ruled in January that the state was on the hook for $40 million in subcontractor assignment fees for terminating the contract.
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Attorney registration portal revamped

July 18, 2012
Dave Stafford
State court officials heard the grumbling of lawyers who for the first time last year had to register, pay fees and provide contact information online. It was confusing, difficult to navigate and frustrating. Now it will be different.
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Law firms embrace marketing geared toward the female client

July 18, 2012
Kelly Lucas
As women have claimed their place in executive and administrative offices, becoming key decision makers for small and large businesses, professional service providers have become creative in their approach to maintaining relationships with female clients.
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MCBA puts renewed focus on diversity

July 18, 2012
Jenny Montgomery
TaKeena Thompson, president of the Marion County Bar Association, wants lawyers to know that the MCBA is just as important today as it was when it was founded in 1925.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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