Legal News

Correctional officer fails to support claims of discrimination against employer

February 24, 2014
Marilyn Odendahl
A former officer in the Indiana Department of Correction had her claims of employment discrimination and retaliation rejected by the 7th Circuit Court of Appeals on the grounds she failed to provide supporting evidence.
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Justices to review sanctions in false emergency detention report

February 24, 2014
Dave Stafford
The Indiana Supreme Court will review a case in which the Court of Appeals tossed an indirect civil contempt of court finding but let stand fines against a nurse accused of making false statements about the mental health of a co-worker that led to emergency detention.
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Child support arrearage dispute sent back to trial court

February 24, 2014
Marilyn Odendahl
The Indiana Court of Appeals instructed a trial court to do the work necessary before entering an order garnishing a parent’s money for child support. 
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Injunction denial stands in Notre Dame contraception case

February 24, 2014
Dave Stafford
A divided 7th Circuit Court of Appeals panel affirmed denial of a temporary injunction sought by the University of Notre Dame to block enforcement of the contraception mandate contained in the Affordable Care Act.
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Conviction overturned because of testimony about nickname

February 24, 2014
Marilyn Odendahl
A man’s felony conviction was overturned after a split Indiana Court of Appeals ruled that the detective’s testimony about how he identified and found the man was inadmissible hearsay.
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Bar exam applications available online

February 24, 2014
IL Staff
Applicants for Indiana’s July bar exam may now access an online application at the Indiana Board of Law Examiners’ website.
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Court video online raises call for blanket cellphone policy

February 21, 2014
Dave Stafford
Another recent incident of video streamed online that could compromise criminal courts has led judges in Marion County to consider a blanket policy restricting cellphone use in courtrooms.
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City evaluating Criminal Justice Complex proposals

February 21, 2014
Dave Stafford
A representative of Indianapolis Mayor Greg Ballard told Marion Superior judges Friday that the site of a proposed Criminal Justice Complex is still under consideration, as is who might be considered to build the facility.
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Unequal protection and due process claims fail because juvenile was not sentenced

February 21, 2014
Marilyn Odendahl
The Indiana Court of Appeals rejected a teenager’s claim of unequal treatment and violation of his due process rights because he incorrectly referred to the juvenile court’s disposition order as a sentence.
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Judge lets second suit alleging BMV overcharges proceed

February 21, 2014
Dave Stafford
Indiana Bureau of Motor Vehicles must answer a second complaint alleging the agency overcharged Hoosiers millions of dollars on almost 30 types of licenses or registrations, a judge ruled Wednesday.
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Pence selects attorneys to fill IURC slots

February 21, 2014
IL Staff
Two attorneys with experience serving the Indiana Utility Regulatory Commission have been appointed to the commission by Gov. Mike Pence.
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Judge strikes Bloomington smoke-detector ordinance; similar measure pends in Indy

February 21, 2014
Dave Stafford
A judge’s recent ruling that struck a Bloomington ordinance requiring hard-wired smoke detectors in rental properties comes as the Indianapolis City-County Council considers raising the requirements for all dwellings in Marion County.
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Justices reconcile conflicting trial rules

February 20, 2014
Jennifer Nelson
In reversing an order granting a company’s motion to vacate partial summary judgment in an environmental cleanup lawsuit, the Indiana Supreme Court tackled the apparently conflicting Indiana Trial Rules 54(B) and 56(C).
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No constitutional violations occurred when police entered home

February 20, 2014
Jennifer Nelson
A man’s federal and state constitutional rights were not violated when police officers entered his home without a warrant based on concerns an injured animal or person may be inside.
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County surveyor not entitled to additional compensation, rules court

February 20, 2014
Jennifer Nelson
The Indiana Court of Appeals has denied the Gibson County surveyor’s claims that under statute, he is entitled to a higher salary and additional compensation for referencing corners in the county.
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Troubled Clark County Drug Court suspended

February 20, 2014
Dave Stafford
Claims that drug court participants in Clark County were jailed for months without cause and subjected to unauthorized searches and arrests by drug court staff have led the Indiana Judicial Center to suspend the problem-solving court in Jeffersonville.
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COA: Restrictive covenant is overly broad and unreasonable

February 20, 2014
Jennifer Nelson
The restrictive covenant a former employee of a high-end appliance sales company signed before leaving to join another high-end sales company is overly broad and unreasonable, the Indiana Court of Appeals affirmed Thursday.
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Woman’s amended complaint is within limitations period

February 20, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday spurned a previous ruling from the court and instead looked to a Vermont case to decide that a woman’s amended complaint should not be dismissed for being outside the statute of limitations.
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IBF accepting applications for $35,000 grant

February 19, 2014
IL Staff
The Indianapolis Bar Foundation is now accepting applications for its Impact Fund Grant, which is awarded to a nonprofit that seeks to make a significant positive impact in central Indiana.
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Justices: Man with Alzheimer’s must be committed per statute

February 19, 2014
Jennifer Nelson
Noting the trial court had the best of intentions when it did not order a man with Alzheimer’s disease committed, the Indiana Supreme Court pointed out the trial court had to order his commitment under Indiana Code 35-36-3-1(b) after he was found not competent to stand trial.
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Cold beer sales hearing begins Thursday

February 19, 2014
A federal judge in Indianapolis Thursday will consider a group of convenience and grocery stores’ challenges to the state law prohibiting those businesses from selling cold beer.
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Judges dismiss interlocutory appeal in Weinberger suit as untimely

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has dismissed a patient’s interlocutory appeal in his medical malpractice lawsuit against former doctor Mark Weinberger and related entities, finding it has no jurisdiction to entertain the appeal.
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COA: Twins to remain with guardian, not grandmother

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed a lower court’s ruling that twins from northern Indiana may be adopted by their guardian in Bloomington over the objections of the children’s father and paternal grandmother.
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COA dismisses battery appeal as untimely

February 18, 2014
Jennifer Nelson
The Marion County man who challenged his sexual battery and battery convictions had his appeal dismissed sua sponte by the Indiana Court of Appeals because his appeal was untimely.
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Judges reject man’s Department of Toxicology claims

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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