Legal News

Second round of settlement money coming to IOLTA

March 16, 2016
Marilyn Odendahl
Indiana’s IOLTA program is preparing to receive a multi-million dollar boost. The money is coming from a second round of funding released as part of the settlement agreement with the Bank of America as a penalty for financial fraud during the mortgage foreclosure crisis.
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7th Circuit: Woman has no claim for tortious interference

March 16, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld an Indiana Southern District Court ruling throwing out a woman’s suit against her employer because she failed to state a claim for tortious interference under Indiana law.
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Juror taint causes Supreme Court to reverse involuntary manslaughter convictions

March 16, 2016
Scott Roberts
The Indiana Supreme Court reversed a couple’s involuntary manslaughter convictions after it found an alternate juror improperly participated in the deliberations. The justices remanded the case to the trial court for a new trial.
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Think tank offers new path for law schools

March 15, 2016
Marilyn Odendahl
A report released Tuesday from a San Francisco think tank has a simple message for law schools – innovate or die.
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Supreme Court: COA erred in custody decision

March 15, 2016
Scott Roberts
The Indiana Supreme Court went against the Indiana Court of Appeals when it agreed with the trial court that a mother’s motions for custody modification and for contempt should be denied.
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EEOC settles disability complaint against Subway franchisee

March 15, 2016
IBJ Staff
The operator of five Subway restaurants in the Indianapolis area has agreed to pay $50,000 to settle a discrimination suit brought by the U.S. Equal Employment Opportunity Commission.
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COA: Firm has no private cause of action to gain back fees

March 15, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision that denied HealthPort’s motion for judgment against Garrison Law Firm LLC after it found Garrison did not have a private cause of action under Indiana law or Administrative Code.
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Northern District case filings plummet, federal courts report shows

March 15, 2016
Dave Stafford
Case filings in the U.S. District Court for the Northern District of Indiana fell 43.9 percent between 2014 and 2015, according to statistics released Tuesday in the 2015 Judicial Business of the United States Courts report.
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Appeals court rules Notre Dame police subject to APRA

March 15, 2016
Scott Roberts
The Indiana Court of Appeals ruled Tuesday the University of Notre Dame Police Department is a public agency under the Indiana Access to Public Records Act and is subject to APRA requests, overturning a trial court decision in St. Joseph Superior Court.
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Kokomo council votes to approve LGBT protections

March 15, 2016
 Associated Press
Kokomo's Common Council has voted to approve a measure banning discrimination based on sexual orientation and gender identity.
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Regulations coming for lawsuit funding industry

March 14, 2016
Marilyn Odendahl
In the final hours of the 2016 legislative session, the Indiana General Assembly arrived at a compromise which, for the first time, will regulate companies that fund plaintiffs in civil lawsuits in Indiana.
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COA: Uninsured man can negotiate hospital bills

March 14, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state’s Hospital Lien Act allows an uninsured hospital patient to negotiate the terms of his contract with the hospital after a man was charged more than $600,000 for a nearly three-month stay.
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Disability denial reversed due to 'fatally weak testimony'

March 14, 2016
Dave Stafford
The latest in a string of appeals critical of the denial of Social Security disability benefits resulted in reversal of a ruling against the worker Monday. The 7th Circuit Court of Appeals held the district court's ruling affirming denial of benefits was “not a reasonable analysis of the plaintiff's claim.”
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GOP launches campaign to oppose Obama Supreme Court pick

March 14, 2016
 Associated Press
The Republican Party is launching a campaign to try to derail President Barack Obama's nominee to the Supreme Court, teaming up with a conservative opposition research group to target vulnerable Democrats and impugn whomever Obama picks.
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Indiana Tech clears accreditation hurdle

March 14, 2016
Marilyn Odendahl
Indiana Tech Law School has been granted provisional accreditation, just months ahead of the graduation of its first class.
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Handyman charged in slayings of Lake County woman, daughter

March 14, 2016
 Associated Press
Authorities investigating the January slayings of a Lake County woman and her adult daughter have charged a handyman who had worked for the victims in connection with their strangulation deaths.
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Attorneys argue over whether to split 2 murder cases

March 14, 2016
 Associated Press
A judge has delayed ruling on whether to separate two murder cases faced by an Indiana man who has confessed to killing seven women.
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Indiana Supreme Court nomination letter sent to Pence

March 14, 2016
Marilyn Odendahl
Indiana Chief Justice Loretta Rush sent a letter March 11 describing the three nominees for the state Supreme Court to Gov. Mike Pence.
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COA rules in favor of IHSAA in basketball fight

March 11, 2016
Scott Roberts
The Indiana Court of Appeals reversed a preliminary injunction against the Indiana High School Athletic Association in a case involving a fight between Griffith and Hammond High Schools last year that allowed both schools to participate in the IHSAA tournament. The COA said the trial court improperly added its own judgment and remanded the case to the trial court for further proceedings.
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Northwestern Indiana man convicted of wife's shooting death

March 11, 2016
 Associated Press
Jurors in northwestern Indiana have convicted a Porter County man of fatally shooting his wife in the head.
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Pork producer wins final suit over Indiana swine farms

March 11, 2016
 Associated Press
The nation's 11th largest pork producer has claimed victory after seven years of litigation over an influx of industrial swine farms in east central Indiana.
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Wife to receive more in divorce settlement

March 11, 2016
Scott Roberts
A wife will get around $116,000 more in a divorce settlement after the Indiana Court of Appeals found the trial court erred in applying the coverture fraction formula to the husband’s retirement accounts.
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COA overturns trust validity case

March 10, 2016
Scott Roberts
A redacted copy of a living trust did not stop a woman from challenging and winning her charge that a trial court improperly dismissed her complaint contesting validity of the trust.
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Woman’s self-improvement efforts not enough to change sentence

March 10, 2016
Scott Roberts
The Indiana Court of Appeals upheld a woman’s 36-month sentence for theft after it found the self-improvements she made were not enough to justify a lesser sentence.
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Bad publicity not enough to justify preliminary injunction

March 10, 2016
Scott Roberts
The Indiana Court of Appeals denied a doctor’s motion for preliminary injunction after it found he did not present enough evidence to justify it because he did not let the disciplinary process at his hospital play out.
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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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