Legal News

Surgery centers sue No.1 insurer UnitedHealthcare

May 18, 2016
Dave Stafford
Several Indiana surgery centers are suing the nation's largest health insurance company, claiming it violated state and federal law by failing to pay for services the centers' doctors provided to patients. In a similar lawsuit against the insurer, a key dispute is what the word "pay" means.
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Statewide crisis of CHINS stretches judicial resources

May 18, 2016
Marilyn Odendahl
The increase in filings of juvenile children in need of services petitions across the state has been growing steadily since 2011 but ballooned to 14,227 in 2014 and could likely top 17,500 for 2015.
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Attorneys feel at home with virtual practices

May 18, 2016
Scott Roberts
Lawyers like Kenneth Riggins use virtual practices to reduce their overhead, while technology allows them to practice from anywhere. Many arrange to have access to office space they can use when they need it.
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Long-distance depositions

May 18, 2016
Dave Stafford
Technological advances in teleconferencing are making video depositions a more viable option to control litigation costs, but lawyers say in some cases there's no substitute for in-person questioning.
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Electronic redaction getting more attention as state court documents go online

May 18, 2016
Marilyn Odendahl
As the Indiana Supreme Court continues its effort to implement a statewide e-filing system and make more legal filings accessible online, attorneys and court staff will have to rely less on their black Sharpie Permanent Markers and more on their computer software to ensure that confidential information stays confidential.
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Rucker likely to leave Supreme Court in 2017

May 18, 2016
Dave Stafford
Justice Robert Rucker, a Gary native appointed to the court by Democratic Gov. Frank O'Bannon in 1999, will turn 70 in January. Rucker informally has informed lawyers and judges he intends to retire from the court sometime next year in order to begin a dialog among those who may consider serving on the court.
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Indiana Supreme Court establishes new committee for civil legal aid

May 17, 2016
Marilyn Odendahl
In an amendment to the Indiana Rules of Professional Conduct, the Indiana Supreme Court is revamping its response to civil legal aid.
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2 at IPS accused of not reporting sex abuse get diversion

May 17, 2016
 Associated Press
Two Indianapolis Public Schools officials charged with not immediately notifying authorities of sexual abuse allegations against a former counselor have agreed to enter pretrial diversion programs.
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New York could become 1st state to ban cat declawing

May 17, 2016
 Associated Press
New York would be the first state to ban the declawing of cats under a legislative proposal that has divided veterinarians. Advocates say the procedure is misguided and cruel.
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7th Circuit: Man not eligible for sentence reduction

May 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a prisoner is not subject to a sentencing reduction after it ruled an amendment that decreased the recommended penalties for the crimes he committed did not allow for a reduction.
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Insurer who paid wrong party doesn’t have to pay correct one

May 17, 2016
Scott Roberts

The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.

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COA: Evidence obtained during welfare check is admissible

May 17, 2016
Scott Roberts

The Indiana Court of Appeals ruled evidence from a search where police officers went into a house without a warrant to check on the children was valid evidence at trial and affirmed denial of a woman’s motion to suppress.

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Ex-lawmaker, McKinney professor want recount in Congress race

May 17, 2016
 Associated Press
A former state legislator and an IU McKinney School of Law professor wants a recount of the Democratic primary for a southwestern Indiana congressional seat.
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$60 million project to fight for 1st Amendment

May 17, 2016
 Associated Press

NEW YORK (AP) — The First Amendment is getting a new champion, with some deep pockets.

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Class of 20 is first to graduate from Indiana Tech Law School

May 16, 2016
Marilyn Odendahl
The charter class of Indiana Tech Law School participated in commencement ceremonies Saturday, marking another milestone for the Fort Wayne institution.
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Donnelly, Coats pleased nomination hearing set for Ong

May 16, 2016
Marilyn Odendahl
Indiana Senators Joe Donnelly and Dan Coats are applauding the U.S. Senate Judiciary Committee's decision to consider the nomination of Hoosier Winfield D. Ong for the federal bench.
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Appraiser has no duty of care to real estate seller

May 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.
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Justices deadlock 2-2 on transfer in two cases

May 16, 2016
Scott Roberts
The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court's list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.
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Justices give win to Internet site in false data case

May 16, 2016
 Associated Press
The Supreme Court says an Internet search site that posted false information about people can be sued only if the errors caused actual harm.
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High court sides with Ohio in debt collection dispute

May 16, 2016
 Associated Press
A unanimous Supreme Court says a pair of Ohio law firms did not use illegal tactics when they sent out debt-collection letters on stationery bearing the name of the state attorney general.
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Supreme Court avoids major ruling in birth control dispute

May 16, 2016
 Associated Press
The Supreme Court rid itself Monday of a knotty dispute between faith-based groups and the Obama administration over birth control. The court asked lower courts to take another look at the issue in a search for a compromise.
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Vanderburgh work release program takes on new direction

May 16, 2016
 Associated Press

Since July 2015 the Vanderburgh County work release program has undergone a metamorphosis under a cooperative agreement between the sheriff's office and the county's treatment courts. That is when Superior Judge Wayne Trockman and Circuit Court Judge David Kiely took over daily operations and rechristened it Therapeutic Work Release to reflect its new focus on rehabilitation.

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NCAA asks US Supreme Court to hear O’Bannon case

May 16, 2016
 Associated Press
The NCAA is asking the U.S. Supreme Court to hear the so-called O’Bannon case that successfully challenged the association's use of names, images and likenesses of college athletes without compensation.
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Housing Indy jail inmates could bring Elkhart County $2M

May 16, 2016
 Associated Press
Officials in northern Indiana say Elkhart County could bring in about $2 million a year in revenue for housing more inmates from the overcrowded Marion County Jail in Indianapolis.
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Illinois turf company disputes Westfield's lawsuit

May 13, 2016
Lindsey Erdody, IBJ Staff
The out-of-state turf company that Westfield is suing for unsatisfactory work at Grand Park Sports Campus is disputing the lawsuit, arguing the city wrongfully terminated its contract.
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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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