Legal News

Globalization increases demand for foreign experience

November 19, 2014
Marilyn Odendahl
Exchange programs with law schools in China are providing valuable experience to students who want to build careers in international or corporate law, attorneys say.
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SCOTUS hears case of fisherman caught in Sarbanes-Oxley net

November 19, 2014
Marilyn Odendahl
A dispute involving six-dozen undersized fish has a group of legal scholars arguing the federal government’s tendency to broadly interpret the criminal code runs the risk of making everyone guilty of an illegal act.
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Attorney faces meth charges in 2 counties

November 19, 2014
Dave Stafford
The Indiana Supreme Court Disciplinary Commission seeks an emergency suspension of a Corydon lawyer’s license to practice.
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7th Circuit reverses summary judgment in prison attack lawsuit

November 18, 2014
Marilyn Odendahl
Repeatedly drawing attention to the heavily redacted record and scant information about procedures, the 7th Circuit Court of Appeals tossed out a summary judgment granted to the government in a lawsuit stemming from a prison yard attack.
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Failure to object to judge in termination case waives argument on appeal

November 18, 2014
Dave Stafford
A father whose parental rights were terminated by the same judge who presided when he was convicted of child molesting and neglect raised the issue on appeal for the first time, therefore waiving the objection, the Indiana Court of Appeals ruled Tuesday.
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IU McKinney postpones lecture

November 18, 2014
IL Staff
Indiana University Robert H. McKinney School of Law has postponed the third annual Birch Bayh Lecture that had been scheduled for Thursday at the law school.
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Hearing set on Eagle Creek deer hunt injunction bid

November 18, 2014
Dave Stafford
A request for a preliminary injunction to stop a planned deer hunt at Indianapolis’ Eagle Creek Park will get a hearing just days ahead of the scheduled hunt.
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Delay of protection order hearing called ‘disturbing’

November 17, 2014
Marilyn Odendahl
The Indiana Court of Appeals called a trial court’s delay in setting a hearing on a petition for a permanent protection order “disturbing” and found the lower court’s denial of the order did not comply with the state’s trial rules.
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Language of trust overrides statutes, COA rules

November 17, 2014
Marilyn Odendahl
A man’s promise to sue his brother and deplete their father’s trust of its assets resulted in him being ordered to pay $13,166 in attorney fees to the trust.
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Human trafficking prevention training to be held Tuesday

November 17, 2014
IL Staff
A “train the trainer” event Tuesday aims to provide tools to increase youth awareness of human trafficking and sexual exploitation crimes.
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Denomination loses appeal in favor of breakaway church

November 17, 2014
Dave Stafford
A church denomination failed to prove to the Indiana Court of Appeals that it was entitled to the property of a congregation that broke away.
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Conviction for hit-and-run fatality affirmed

November 17, 2014
Dave Stafford
The conviction of a driver who struck and killed a woman while she walked on a busy street during a rainstorm was affirmed Monday by the Indiana Court of Appeals.
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Court to consider when second mortgage can be void

November 17, 2014
 Associated Press
The Supreme Court said Monday it will decide whether homeowners who declare bankruptcy can void a second mortgage if the home's market value has dropped below the amount they owe on the first mortgage.
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Same-sex marriage issue squarely before high court

November 17, 2014
 Associated Press
A same-sex couple from Michigan is putting the question of the right to marry nationwide squarely before the Supreme Court.
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COA rules contract with missing elements is still valid

November 14, 2014
Marilyn Odendahl
A Hamilton County man failed to convince the Indiana Court of Appeals that the absence of start and completion dates along with his name rendered his contract with a home improvement company invalid.
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COA reverses judgment for driver in fatality, rules for moped rider’s dad

November 14, 2014
Dave Stafford
The Indiana Court of Appeals Friday turned upside down a trial court’s judgment in favor of a driver who collided with a moped rider who died at the scene of the Indianapolis crash in August 2012.
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Lawyer: Affirmed $1.4M judgment against Walgreen sets HIPAA precedent

November 14, 2014
Dave Stafford
A Marion County jury verdict affirmed Friday by the Indiana Court of Appeals upholds a $1.4 million verdict for a Walgreen pharmacy customer whose prescription information was provided to a third party and sets a national precedent, according to the lawyer who argued the case.
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In affirming conviction, justices clarify required meth evidence

November 14, 2014
Dave Stafford
Authorities improperly charged a man with meth manufacturing based on the volume of an intermediate mixture, but other evidence was sufficient to affirm his conviction of Class A felony manufacturing methamphetamine, the Indiana Supreme Court held Thursday.
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Government’s legal error requires another look at convictions

November 13, 2014
Jennifer Nelson
The United States government conceded on appeal that its treatment of vehicle titles and license plates as “property” from the perspective of Indiana in order to convict defendants of conspiracy to commit mail or wire fraud was a legal error. The 7th Circuit Court of Appeals reversed the convictions but did not foreclose the possibility of retrial.
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Agency record required for judicial review of agency action

November 13, 2014
Jennifer Nelson
A petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act. Not doing so will result in dismissal of the petition, the Indiana Supreme Court unanimously ruled Thursday.
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COA upholds order man pay ex-wife’s appellate attorney fees

November 13, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the same standard for awarding attorney fees should apply regardless of the forum. The judges affirmed the order that he pay his ex-wife’s appellate attorney fees because he is in a better position than she is to pay them.
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School police justified in searching student’s backpack, COA holds

November 13, 2014
Jennifer Nelson
The search by school police of a student’s backpack was justified based on a teacher’s suspicion that the backpack may have contained drugs or weapons, the Indiana Court of Appeals ruled Thursday. The officer’s search turned up a gun.
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Law firm disqualified based on attorney’s previous representation of doctor

November 13, 2014
Jennifer Nelson
In a case involving the conflicts that arise and obligations that remain when lawyers move from one firm to another, the Indiana Court of Appeals concluded that a law firm hired to represent plaintiffs in a medical malpractice lawsuit must be disqualified based on an attorney’s prior representation of the doctor being sued.
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Judge urges high court to look at counsel assistance during state psychiatric exam

November 13, 2014
Jennifer Nelson
A judge on the Indiana Court of Appeals affirmed citing court precedent that a defendant who was to be examined by the state’s expert based on his insanity defense has no right to the presence of counsel during the psychiatric exam. But Judge Terry Crone argues the Indiana Supreme Court needs to take another look at this issue.
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2 charged with kidnapping woman want trials moved

November 13, 2014
 Associated Press
Attorneys for the two people charged with holding a southwestern Indiana woman captive for two months say they plan on asking for their trials to be moved to another county.
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