Legal News

Justices reverse Marine veteran's involuntary commitment

March 20, 2015
Dave Stafford
A Marine veteran was wrongly committed for mental health treatment, the Indiana Supreme Court ruled Thursday. Justices reversed a trial court involuntary commitment order affirmed in a memorandum Court of Appeals opinion and swept away precedent in similar cases.
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Judge approves $10M settlement in Target data breach

March 19, 2015
 Associated Press, IL Staff
A Minnesota judge has endorsed a settlement in which Target Corp. will pay $10 million to settle a class-action lawsuit over a massive data breach in 2013.
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COA affirms finding liquor stores violated rules on home delivery of wine

March 19, 2015
Jennifer Nelson
The Indiana Court of Appeals reinstated the Indiana Alcohol and Tobacco Commission’s final order fining a northern Indiana liquor store company for using common carriers to transport wine to customers, which is a violation of its liquor permit.
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COA: Husband’s motion to set aside divorce decree time-barred

March 19, 2015
Jennifer Nelson
Because the type of fraud a man alleged his ex-wife committed is considered “ordinary,” it was subject to the one-year time limit of Indiana Trial Rule 60(B)(3), the Court of Appeals ruled Thursday. The judges affirmed the refusal of the trial court to set aside a 2008 dissolution decree.
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Evidence properly admitted in OWI trial

March 19, 2015
Jennifer Nelson
Evidence discovered after law enforcement approached an intoxicated man’s minivan parked in a driveway was properly admitted at his trial over the defendant’s objections, the Indiana Court of Appeals affirmed, finding no violations of the U.S. or state constitutions.
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State failed to prove inmate knew he made false statements

March 19, 2015
Jennifer Nelson
Because the state could not establish that a Marion County Jail inmate knew statements he made to a witness over the phone in another inmate’s case were false, the state didn’t prove Johnny Gomillia committed attempted obstruction of justice.
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Northern District rules recognized for clear writing

March 19, 2015
IL Staff
A group that supports plain writing in government and business has given an award of distinction to the U.S. District Court for the Northern District of Indiana for a rewrite of its rules.
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Widow of Mel Simon sues government to recoup $21.4M

March 19, 2015
Scott Olson, IBJ Staff
The widow of Mel Simon is suing the U.S. government over a tax dispute in which she claims she is owed a refund of more than $20 million related to financial contributions he made to the Indiana Pacers totaling $83 million.
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Jury returns guilty verdicts in Indy Land Bank case

March 19, 2015
Cory Schouten, IBJ Staff
A federal jury on Wednesday evening returned guilty verdicts on eight felony counts including wire fraud and bribery against Reggie Walton, a former Indianapolis city employee who managed the Indy Land Bank.
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Pence asks Legislature for $15M to add DCS staff

March 18, 2015
IL Staff
On the same day the state released an independent report on workload and caseloads of staff at the Indiana Department of Child Services, Gov. Mike Pence sent a letter to several legislators seeking more funding to increase family case managers and supervisors at the state agency.
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Joint defense agreement does not prevent trust from suing attorney

March 18, 2015
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed that a joint defense agreement entered into by an attorney and the trust he helped to set up and for which he served as trustee did not bar the trust’s later lawsuit against him for claims arising from their business relationship.
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Justices affirm brother committed 3 separate breaches of contract

March 18, 2015
Jennifer Nelson
The Indiana Supreme Court agreed with the Court of Appeals on Tuesday that a man who purchased three properties outside of the joint business with his brother breached a noncompetition agreement with respect to all three properties.
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Justices dismiss Ball State from mother’s action seeking college expenses from ex-husband

March 18, 2015
Jennifer Nelson
Ball State University should not have been added as a supplemental defendant in a woman’s petition to modify child support and seek postsecondary expenses from her ex-husband for her daughter, the Indiana Supreme Court held Wednesday.
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NCAA appeal says students will lose if amateur sports rules tossed

March 18, 2015
 Bloomberg News
Professional sports and higher education are a losing combination for American college students and fans. That was the National Collegiate Athletic Association’s game-day argument as it seeks to reverse a judge’s ruling that the organization behind March Madness and January bowl games is running a multibillion-dollar cartel that cheats athletes.
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Supreme Court seeks comments on fee sharing, small claims rule changes

March 17, 2015
IL Staff
The Indiana Supreme Court Committee on Rules of Practice and Procedure wants to know what attorneys think about proposed rule amendments affecting fee sharing by attorneys and change of judge procedures in small claims cases.
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Former Indy Land Bank chief grilled over inconsistent testimony

March 17, 2015
Cory Schouten, IBJ Staff
Former Indy Land Bank director Reggie Walton opted to take the stand in his own defense in federal court this week, and prosecutors used the opportunity to use his words against him.
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COA affirms stalking conviction of man who followed teen in stores

March 17, 2015
Jennifer Nelson
A southern Indiana man who followed the same teenage girl through two stores on separate occasions, staying as close as five feet to her at all times, could not convince the Indiana Court of Appeals that his felony conviction for stalking needed to be overturned.
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NDLS hosting symposium on life, death and disease

March 17, 2015
IL Staff
An upcoming Notre Dame Law School symposium on regulating life, disease and death will feature a keynote speaker discussing legal preparedness for Ebola.
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Tax Court lacks jurisdiction to hear casino’s claim

March 17, 2015
Jennifer Nelson
The Indiana Tax Court on Monday dismissed a northern Indiana casino’s appeal of the LaPorte County treasurer’s failure to refund paid innkeeper’s tax, finding the court lacks subject matter jurisdiction.
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Indiana Supreme Court hears disputed adoption of 2 boys

March 17, 2015
 Associated Press
An attorney for a woman who's challenging her two grandsons' adoption by their maternal grandmother told the Indiana Supreme Court on Monday that their adoptions should never have happened because the other woman's felony conviction disqualifies her from being an adoptive parent.
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Sotomayor says SCOTUS lacks diverse life experience

March 16, 2015
 Associated Press
Justice Sonia Sotomayor says the Supreme Court of the United States has too many law professors, too many Ivy Leaguers, too many East Coasters and a lack of diverse life experience.
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California court reverses century-old racist lawyer ruling

March 16, 2015
 Associated Press
The California Supreme Court has reversed a 19th-century decision denying a Chinese immigrant's application to practice law in the state.
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Judge incorrectly considered acquitted charges in denying expungement petition

March 16, 2015
Jennifer Nelson
Facts from an incident that do not result in a felony conviction cannot be taken into consideration by a judge when determining a person is disqualified from filing for mandatory expungement of a different felony conviction resulting from the same incident, the Indiana Court of Appeals held Monday.
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Indiana sues auto parts dealer over unpaid fine, auto fluids

March 16, 2015
 Associated Press
Indiana's environmental agency is suing an auto parts dealer who was ordered last year to pay a $10,000 fine and clean up automotive fluids and other materials at his Muncie business.
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Mother’s due process rights deprived in termination hearing

March 16, 2015
Jennifer Nelson
In finding both constitutional and statutory guarantees were transgressed, the Indiana Court of Appeals reversed the decision by a lower court to convert an omnibus hearing on a termination of parental rights matter into a final hearing while mother was not present, which led to the termination of her parental rights.
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  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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