Legal News

7th Circuit remands disability case over ALJ's findings

February 23, 2016
Scott Roberts
The United States 7th Circuit Court of Appeals remanded a case to the Social Security Administration after finding the administrative law judge’s credibility analysis was flawed.
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Judge dismisses lawsuit over Indiana DCS caseloads

February 23, 2016
 Associated Press
A judge in Indianapolis dismissed a lawsuit Monday in which an Indiana Department of Child Services family case manager claimed she had an excessive caseload that put children at risk.
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Evansville officials vote to bolster LGBT protections

February 23, 2016
 Associated Press
Evansville officials have voted to give a commission enforcement and investigatory powers into claims of discrimination based on sexual orientation and gender identity.
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Indiana manufacturer’s ‘willful infringement’ suit set for SCOTUS argument

February 22, 2016
Marilyn Odendahl
Indiana medical device maker Zimmer Inc. will be fighting for its wallet Tuesday as part of a patent dispute before the Supreme Court of the United States.
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Black lawmakers oppose Marion County judge selection bill

February 22, 2016
Dave Stafford
A proposal to create a 14-member merit-selection commission to nominate Marion Superior judges would harm minority representation on the bench of the state’s largest county, members of the Indiana Black Legislative Caucus said in a statement Monday as the bill awaited second reading on the House floor.
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7th Circuit dismisses appeal due to waiver

February 22, 2016
Scott Roberts
The 7th Circuit Court of Appeals dismissed a man’s  appeal of his 21-month sentence and three years of supervised release because he waived his right to appeal in district court. Circuit Judge David Hamilton said the court didn’t see any reason to overlook the waiver.
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Indiana House committee tosses hate-crimes bill

February 22, 2016
 Associated Press
Legislation creating the state’s first hate-crime law to help victims targeted because of their race, sexual identity, religion or other specified characteristic is expected to die because it won’t get a committee hearing in the House, leaving lawmakers few options to address civil rights this year.
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Chief justice remembers Scalia’s ‘irrepressible spirit’

February 22, 2016
 Associated Press
Supreme Court Chief Justice John G. Roberts is remembering the late Justice Antonin Scalia as a colleague of “irrepressible spirit.”
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Clark County jail to earn $60,000 from allowing TV show to film

February 22, 2016
 Associated Press
A sheriff in southern Indiana says he'll use $60,000 earned from letting a cable television show film in jail for training and equipment upgrades.
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15 semifinalists selected for Supreme Court vacancy

February 19, 2016
Dave Stafford
The Indiana Judicial Nominating Commission on Friday selected 15 people as semifinalists to replace retiring Indiana Supreme Court Justice Brent Dickson.
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Medical malpractice complaint moves forward

February 19, 2016
Scott Roberts
A man will have his medical malpractice complaint heard after the Indiana Court of Appeals reversed a trial court’s decision to dismiss it.
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Interviews conclude for Supreme Court applicants

February 19, 2016
Dave Stafford
The last of 29 applicants for a pending vacancy on the Indiana Supreme Court were interviewed Friday by the Indiana Judicial Nomination Commission, which is deliberating to reduce the number for a second round of interviews. Those semifinalists are to be announced Friday.
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Court affirms grandparents’ rights to visitation

February 19, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the denial of a motion which would have denied grandparents visitation rights.
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Indianapolis family law attorney Strain dies

February 19, 2016
IL Staff
An Indianapolis solo practitioner who was active leader in bar associations died Wednesday. Jana K. Strain was 51.
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Court reinstates father’s rights

February 19, 2016
Scott Roberts
The Indiana Supreme Court reinstated a father’s parental rights, determining there was not enough evidence to support termination.
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Supreme Court affirms battery charges

February 19, 2016
Scott Roberts
The Indiana Supreme Court affirmed battery charges against a man who said the evidence against him was “testimonial hearsay” and violated his federal and state confrontation rights.
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7th Circuit reverses, remands motion to suppress evidence

February 19, 2016
Scott Roberts
The 7th Circuit Court of Appeals reversed the denial of a motion to suppress evidence after police found heroin in a man’s car and remanded the case to district court because the police had no probable cause to pull over the car in the first place.
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Court reverses marijuana, nuisance convictions

February 18, 2016
Scott Roberts
The Indiana Court of Appeals reversed a man’s convictions after finding the probable cause affidavit did not contain enough information to support issuing a search warrant.
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Majority finds no violation of deceased inmate's 8th Amendment rights

February 18, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for a correctional medical services provider in a lawsuit alleging the company violated an inmate’s Eighth Amendment rights against cruel and unusual punishment.
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COA affirms intimidation conviction

February 18, 2016
Scott Roberts
The Indiana Appeals Court affirmed a Level 6 felony intimidation charge against Demetrius Holloway after Holloway challenged the sufficiency of the evidence supporting his conviction.
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Ex-worker's suit: Indiana plant's illegal hiring depressed wages

February 18, 2016
 Associated Press
A former employee of an Indiana pork processing plant is suing two company officials, saying they were involved in knowingly hiring hundreds of people who weren't in the country legally in order to keep wages low for all of the plant's workers.
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Attorneys added to Marion County judicial selection committee

February 18, 2016
Jennifer Nelson
The Courts and Criminal Code Committee in the Indiana House of Representatives passed an amendment Wednesday modifying the makeup of the Marion County judicial selection committee. The amendment adds more Marion County attorneys to the committee that will send names to the governor for appointment.
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Texas A&M, Colts settle '12th Man' trademark suit

February 18, 2016
 Associated Press
Texas A&M University says it has reached a settlement agreement with the Indianapolis Colts in the school's federal lawsuit it says was meant to protect its "12th Man" trademark from infringement.
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No demand futility in Biglari transactions

February 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals has affirmed a decision that a company did not commit demand futility during three transactions in 2013.
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Court OKs increase in CLE distance education hours

February 17, 2016
Scott Roberts
The Indiana Supreme Court passed an order Monday increasing the number of continuing legal education hours that judges and lawyers can take through distance education.
More
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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