Legal News

Indiana farmer’s tangle with seed producer over patent infringement gets SCOTUS review

October 8, 2012
Marilyn Odendahl
The Supreme Court of the United States has agreed to review a federal appeals court decision regarding patent infringement in a case involving an Indiana farmer and a seed producer.
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Attorneys general warn against federal payday loan regulation

October 8, 2012
Dave Stafford
A bill in Congress that would extend federal regulation to the payday lending industry would pre-empt state laws and undermine consumer safeguards, Indiana Attorney General Greg Zoeller warned in a letter signed by 40 attorneys general.
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Zoeller: Problem-solving courts may help fight Rx abuse

October 8, 2012
IL Staff
Indiana Attorney General Greg Zoeller said a newly formed prescription drug abuse task force will examine whether special problem-solving courts may be a venue for fighting prescription painkiller abuse.
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Weinberger seeks sentence of time served

October 8, 2012
Dave Stafford
Former Merrillville ear, nose and throat doctor Mark Weinberger on Monday asked a federal court to sentence him to time served for the 22 counts of health care fraud to which he pleaded guilty.
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Justices tackle home foreclosure issue involving MERS

October 5, 2012
Jennifer Nelson
Indiana Justice Mark Massa, writing for the court Thursday, delved into the history of the Mortgage Electronic Registration Systems Inc. and its role in today’s mortgage industry in a case involving a foreclosed home in Madison County.
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Former state bar president, IU trustee dies

October 5, 2012
IL Staff
Frederick F. Eichhorn Jr., a retired attorney who served as president of the Indiana State Bar Association in the 1980s has died.
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Appeals court affirms rejection of HOA ‘abusive junk fee’

October 5, 2012
Dave Stafford
A Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive junk fee.”
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Northwest Indiana officials indicted on federal charges

October 5, 2012
IL Staff
Six people in northwest Indiana, including three council members, were indicted Thursday on federal charges resulting from an investigation by the Northern District of Indiana’s Public Corruption Task Force.
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Death row inmate’s habeas petition denied

October 4, 2012
Jennifer Nelson
A federal judge in South Bend has denied a death row inmate’s request for habeas corpus, rejecting the man’s claims that he is mentally retarded and, therefore, cannot be sentenced to death.
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7th Circuit rules against fired animal shelter worker

October 4, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the woman doesn’t qualify as “disabled” under the ADA.
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Judges’, prosecutors’ pension funds receive split of surplus reserves

October 4, 2012
IL Staff
Indiana’s Judges’ Pension Fund and Prosecutors’ Pension Fund will receive nearly 30 percent of the $360 million in surplus money from the state reserves, the governor’s office announced Thursday.
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Clinical professor to give Fuchs Lecture at Maurer

October 4, 2012
IL Staff
A nationally known leader in clinical education will deliver the Ralph F. Fuchs Lecture at Indiana University Maurer School of Law Oct. 8 on the impact of in-house clinics on law students.
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Bar releases results of judicial candidate evaluation

October 4, 2012
IL Staff
Evansville Bar Association members have overwhelmingly recommended five of the seven candidates running for Vanderburgh Superior Court, based on results from a recent survey.
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Judges needed for moot court competition

October 3, 2012
IL Staff
Indiana University Maurer School of Law is seeking judges for its Sherman Minton Moot Court Competition Oct. 5 – Nov. 3.
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Defendant’s argument should be made to rules committee

October 3, 2012
Jennifer Nelson
In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.
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Justices revoke conditional bar admission

October 3, 2012
Jennifer Nelson
The Indiana Supreme Court has revoked Harlan L. Vondersaar’s conditional admission to the state bar because he practiced law while suspended.
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Judges find no misconduct by hospital

October 3, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case – prior to trial.
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Fraternity pledge loses appeal involving alleged hazing incident

October 2, 2012
Jennifer Nelson
Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”
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Trial court should not have admitted statement to detective

October 2, 2012
Jennifer Nelson
The Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a defendant made to a police detective.
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COA rejects arguments Batson should extend to juror age

October 2, 2012
Jennifer Nelson
A trial court did not err in overruling a defendant’s Batson objection to the removal of two African-Americans from the jury during his trial for drug charges, the Court of Appeals held Tuesday.
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Justices reinstate COA opinion after hearing arguments

October 2, 2012
IL Staff
After hearing arguments last week in a discrimination case, the Indiana Supreme Court decided Monday not to assume jurisdiction over the appeal.
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SCOTUS declines Indiana robo-call case

October 2, 2012
Jennifer Nelson
The Supreme Court of the United States came back for its 2012 session Monday and decided it will not take the appeal filed by a provider of prerecorded telephonic messages seeking to overturn enforcement of a ban on automated robo-calls in Indiana.
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Justices to hear negligent design case

October 1, 2012
IL Staff
The Indiana Supreme Court took three cases last week, including a lawsuit filed by a man rendered a quadriplegic after he fell out of a company truck while working for Richmond Power.
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Committee taking another look at emancipation law

October 1, 2012
IL Staff
The Child Custody and Support Advisory Committee meets Tuesday to discuss the law passed during the 2012 legislative session that reduced the age of emancipation to 19 for child support purposes.
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Clay County man entitled to discharge because of ruling delays

October 1, 2012
Jennifer Nelson
The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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