Legal News

Tax Court rules against UPS reinsurer on case justices reversed, remanded

September 17, 2013
Dave Stafford
United Parcel Service and its reinsurance affiliates are obligated to pay about $650,000 in taxes from the years 2000 and 2001, the Indiana Tax Court held. The court previously ruled in UPS’s favor, but this opinion comes on remand from an Indiana Supreme Court reversal.
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Appeals court affirms judgment in family land-contract dispute

September 17, 2013
Dave Stafford
A trial court properly ruled that an insurance company owed no duty to a mother who sold property on contract to her son and daughter-in-law, but the son and daughter-in-law who collected proceeds from the policy do.
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Bridge complaint raises questions about governmental immunity

September 17, 2013
Marilyn Odendahl
The Indiana Court of Appeals addressed conflicting caselaw about a government’s immunity from liability before siding with the older precedent and ruling that any move to overturn that case should be left to the Indiana Supreme Court. 
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Attorney fees affirmed in trucking dispute; COA declines to bar such awards

September 17, 2013
Dave Stafford
An appellate panel Tuesday affirmed an award of attorney fees under a standard industry agreement and declined an invitation to strip Indiana trial courts of the ability to enter such judgments.
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Easterbrook applauds Indiana Tech Law School for trying new approach

September 16, 2013
Marilyn Odendahl
Indiana Technical Institute used the dedication ceremony for its new law school to reiterate its vision of legal education and push back against critics.
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Instructions not to letter of the law, but no harm done

September 16, 2013
Marilyn Odendahl
A trial court’s failure to give jury instructions that strictly adhered to the language contained in the Indiana Code and Indiana Jury Rule was not grounds for the Indiana Court of Appeals to overturn a guilty verdict.
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‘Illegal alien’ remark leads to attorney’s suspension; case involves embattled judge

September 13, 2013
Dave Stafford
Representing a father in a child visitation dispute, a Martinsville lawyer’s letter to opposing counsel alleging the mother was an illegal alien resulted in a 30-day suspension.
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Judge: Suit challenging Marion County judicial slating may proceed

September 13, 2013
Dave Stafford
A federal lawsuit challenging the constitutionality of a state law that has given rise to the Democratic and Republican slating system under which Marion Superior judges are elected will go forward.
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Failure to register in Indiana opens door for state charges against Ponzi scheme mastermind

September 13, 2013
Marilyn Odendahl
A split Indiana Court of Appeals ruled a man at the center of an alleged Ponzi scheme that defrauded nearly 72 victims in Ohio, Kentucky and Indiana will have to face state charges even though he pleaded guilty to a federal indictment.
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Reversal: Trust bears liability for builder’s nonpayment despite lien notice discrepancies

September 13, 2013
Dave Stafford
A trust that won summary judgment at the trial court against a supplier of building materials for construction of a home on Lake Michigan got the opposite result from an appeals court Friday. The trust is liable, even though it paid builders who failed to reimburse the supplier for materials provided on credit.
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JTAC oversight committee sets initial meeting

September 13, 2013
Dave Stafford
The first meeting of the committee created by the Legislature to oversee the Indiana Supreme Court’s technology initiatives – chief among them continued implementation of the Odyssey case management system – will take place Tuesday morning.
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Attorney general files right-to-work appeal with Indiana Supreme Court

September 12, 2013
IL Staff
The Indiana attorney general filed notice Sept. 12 that he is asking the state’s highest court to find Indiana’s right-to-work law constitutional.
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Supreme Court takes eminent domain case to clean up confusion

September 12, 2013
Marilyn Odendahl
Confusion from “inartful language” will put the ongoing dispute over the Clark County airport expansion before the Indiana Supreme Court.
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Double jeopardy does not prohibit state from retrying defendant on lesser charge

September 12, 2013
Marilyn Odendahl
Although a man’s conviction was overturned, the Indiana Supreme Court has ruled he can still be retried on the same charge without violating double jeopardy prohibitions because “a rational jury” would have considered more than one element of the crime.
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Expungement forum postponed

September 12, 2013
A second expungement law forum, scheduled for Sept. 17, has been postponed.
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Man who bilked banks of $10 million sentenced

September 12, 2013
Dave Stafford

A southern Indiana man who defrauded Indiana banks of more than $10 million by supplying bogus financial information from family members to obtain multi-million-dollar loans for real estate, an airplane and a yacht will spend five years in federal prison.

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CASA conference to train, honor volunteers

September 12, 2013
IL Staff

A single mother of two from Monroe County will receive the honor of volunteer of the year this weekend at an annual conference of court-appointed special advocates.

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Marsh Supermarkets, former CEO spar over attorney fees

September 12, 2013
Scott Olson
The years-long legal spat between Don Marsh and the company he once led appeared to have concluded this summer, but has now turned to attorneys’ fees and who’s paying the million-dollar bills.
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Drunken driving conviction affirmed; tipster’s observations reasonable cause

September 12, 2013
Dave Stafford
The Indiana Court of Appeals affirmed a man’s conviction for Class C misdemeanor operating a vehicle while intoxicated Thursday, though one panelist wrote the court went deeper into the analysis of the defendant’s Fourth Amendment claim than it needed to do.
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Dispatcher fired after firecracker incident loses unemployment appeal

September 12, 2013
An appeals court panel Thursday affirmed denial of unemployment benefits for a Starke County sheriff’s dispatcher who took time off work after a firecracker exploded behind her at work and she was diagnosed with hearing loss, vertigo and tinnitus.
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Parental liability as co-signers on kids’ school loans subject to divorce decree

September 12, 2013
Dave Stafford
Student loan liabilities of parents who co-signed for their two children should have been a consideration in dividing property in a divorce proceeding, the Indiana Court of Appeals ruled Thursday.
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Insurer’s exclusion stands after bar fight

September 11, 2013
Marilyn Odendahl
A woman’s own description of a barroom brawl that left her with a broken arm was used against her in allowing an insurance company to deny coverage.
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Worker’s Compensation Act is only remedy for injured employee

September 11, 2013
Marilyn Odendahl
A construction worker injured on a job site will have to find remedy through the Indiana Worker’s Compensation Act after the Indiana Court of Appeals denied his attempt to sue a subcontractor.
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Judge reverses ATM fee class decertification; suggests any award go to charity

September 11, 2013
Dave Stafford
The 7th Circuit Court of Appeals court didn’t exactly call an Indiana appeal a small-change case, but it suggested the few dollars each member of a class might receive could be more usefully given to charity.
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Embattled judge responds to suspension bid: ‘can and will learn’ from mistakes

September 11, 2013
Dave Stafford
A Marion Superior judge facing a 45-count disciplinary complaint responded today to a petition for her suspension by saying, “She is resolute that she can and will learn from what has been alleged, and that she will redouble her efforts to proceed.”
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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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