Legal News

Illinois attorney to lead Indiana Tech law school

November 11, 2011
Jennifer Nelson
The former dean of Southern Illinois University School of Law has been chosen as dean for Indiana Tech’s new law school, school officials announced Friday morning.
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Lawsuit filed against former coach, swim organizations

November 10, 2011
Jennifer Nelson
A victim molested by the former swim coach at an Indianapolis high school and club team is suing the former coach, the school corporation and two swimming organizations, arguing several people knew of the coach’s past inappropriate contact with minors and did nothing about it.
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Judge: fundamental error rule doesn't apply to civil cases

November 10, 2011
Jennifer Nelson
An Indiana Court of Appeals judge disagreed with the decision of his fellow panel members to allow a man committed to a psychiatric unit to argue the trial court committed fundamental error by not issuing an order scheduling a hearing within three days of receiving the petition for involuntary commitment.
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AG says 3rd party school bus fees are unconstitutional

November 10, 2011
Jennifer Nelson
Indiana Attorney General Greg Zoeller issued a legal opinion Thursday in response to a request by two Indiana legislators on whether school systems can outsource bus services to another entity that charges parents.
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Barnes study committee to vote on final report

November 9, 2011
IL Staff
The interim subcommittee established as a result of the Indiana Supreme Court ruling in Barnes v. State will meet Thursday to vote on the adoption of a final report.
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South Bend attorney sentenced for fraud

November 9, 2011
Jennifer Nelson
Thomas F. “Chip” Lewis III will spend more than three years in prison following his guilty plea to aiding and abetting wire fraud stemming from an advance fee scam.
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Appellate court finds mother wasn't in contempt

November 9, 2011
Jennifer Nelson
The Indiana Court of Appeals agreed with a mother that the Clark Circuit Court erred in finding her in contempt for not putting her teenage daughter on a plane to Florida to visit the teen’s father over Christmas break. The appellate court did agree with the trial court that the mom should have to pay for another flight to visit the father.
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Improving a child's access to counselRestricted Content

November 9, 2011
Michael Hoskins
A proposed draft rule would change waiver procedures in the juvenile justice system.
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Rookie year on the Supreme CourtRestricted Content

November 9, 2011
Michael Hoskins
New Indiana Justice Steven David is settled but still finding his niche.
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Adding UPL to Indiana RICO statute

November 9, 2011
Michael Hoskins
An Indiana Supreme Court case involving an estate planning “trust mill” has led to a policy discussion about whether certain types of unauthorized practice of law should rise above a misdemeanor crime and involve a racketeering component.
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Appellate court rules man can challenge med mal cap's constitutionality

November 9, 2011
Michael Hoskins
An Indianapolis man will get an evidentiary hearing on whether the state's $1.25 million cap on medical malpractice awards is unconstitutional.
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Indiana has new ALJ chapter

November 8, 2011
Michael Hoskins
Two state government attorneys have founded the Indiana chapter of the National Association of Administrative Law Judiciary. Their goal is to organize and connect those individuals in the state who are working in an ALJ capacity.
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Indiana bankruptcy filings decrease in 2011

November 8, 2011
Michael Hoskins
Indiana saw fewer bankruptcies for the fiscal year ending Sept. 30, 2011, than it did the year before, with the state improving its national ranking based on case filings.
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Justices accept 1 transfer case, deny 9

November 8, 2011
Michael Hoskins
The Indiana Supreme Court granted transfer to a divorce case last week and denied nine other cases during its weekly private conference.
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4th annual symposium to look at civil rights

November 8, 2011
IL Staff
Civil rights in the Southern District will be the topic of the fourth annual Court History Symposium presented by the Historical Society for the Southern District of Indiana Nov. 18.
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Indiana can't cap Medicaid coverage of dental services

November 7, 2011
Michael Hoskins
A northern Indiana federal judge has ruled that the state must fully cover dental services that are medically necessary for Medicaid participants, and it can’t deny coverage exceeding a certain amount because that would prevent some low-income individuals the ability to get needed care.
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COA orders new trial in utility theft case

November 7, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed a theft conviction and ordered a new trial for a man who was prohibited from discussing a lesser offense during closing argument.
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Lecture in honor of Myles N. Brand Nov. 9

November 7, 2011
IL Staff
George P. Smith II, a visiting fellow at Indiana University's Center for Law, Ethics, and Applied Research in Health Information, will deliver the center's first public lecture in tribute to his late friend, former IU President Myles N. Brand.
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Simon sues state over Amazon sales tax exemption

November 4, 2011
IL and IBJ Staff
A Marion Superior lawsuit is accusing Indiana of violating the state constitution by not collecting sales taxes from Amazon.com Inc.
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Justices decline to reconsider out-of-state placements ruling

November 4, 2011
Michael Hoskins
The Indiana Supreme Court has denied a rehearing petition from the state attorney general’s office to revisit a June ruling that upheld three statutes involving juvenile judges’ authority on out-of-state placements.
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Court examines future medical care in workers' comp case

November 4, 2011
Michael Hoskins
The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.
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Symposium marks anniversary of Nunn-Lugar Act

November 4, 2011
IL Staff
Indiana University will mark the 20th anniversary of the Nunn-Lugar Cooperative Threat Reduction Program with a symposium Nov. 11 on its Bloomington campus.
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Mother files suit challenging school bus fee

November 3, 2011
Jennifer Nelson
A woman in Marion County has filed a lawsuit against a community school corporation because she claims the fee imposed for her children to ride the bus to school interferes with their constitutional right to an education.
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Northern District seeks comment on revising, restyling rules

November 3, 2011
IL Staff
The U.S. District Court for the Northern District of Indiana is now taking comments on proposed changes to its local rules.
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COA allows insurance dispute to proceed

November 3, 2011
Jennifer Nelson
The Indiana Court of Appeals found disputes of material fact in an insurance case in which the homeowners made misrepresentations in their application, ordering the trial court to take a closer look at whether the insurer rescinded the policy after discovering the misrepresentations.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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