Legal News

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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Tax Court denies assessor's motion to dismiss appeal

November 2, 2011
Jennifer Nelson
Indiana Tax Judge Martha Wentworth denied the Marion County assessor’s motion to dismiss two petitioners' original tax appeal, finding the parties properly served a copy of the petition with the attorney general’s office.
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MCBA launches Facebook page

November 2, 2011
IL Staff
The Marion County Bar Association has launched a Facebook page and Twitter account for the purpose of increasing awareness of the organization and directing people to its website, www.mcbaindy.org.
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Bankruptcy courts amend local rules

November 2, 2011
IL Staff
The United States Bankruptcy Court for the Northern District of Indiana has adopted revisions to Local Rule B-1009-1. The United States Bankruptcy Court for the Southern District of Indiana has amended its Local Rule B-3007-1.
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100 tort claim notices filed in State Fair stage collapse

November 2, 2011
Jennifer Nelson
As of Nov. 2, the Office of the Indiana Attorney General has received 100 tort claim notices related to the stage collapse at the Indiana State Fair in August. The deadline for submission of the tort claim form was Nov. 1.
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Former counsel to the president to speak on war

November 1, 2011
IL Staff
A former associate counsel to the president of the United States will speak at a Federalist Society event Nov. 8 on war powers and the federal government.
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7th Circuit rejects egg farm's arguments

November 1, 2011
Jennifer Nelson
The insurers of a large-scale egg producer in southern Indiana accused of fixing the price of eggs don’t have to defend the farm on the antitrust complaint because the farm had not raised a defense that would be covered under the policies.
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Judges affirm employer's attendance policy is unreasonable

November 1, 2011
Jennifer Nelson
A company lost on appeal its argument that it had just cause to fire an employee after seven absences from work. The Indiana Court of Appeals agreed with previous findings that the company’s attendance policy is unreasonable.
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COA: enhancement isn't an ex post facto violation

October 31, 2011
Jennifer Nelson
The enhancement of a man’s conviction of operating a vehicle while intoxicated because of a prior OWI conviction did not constitute an ex post facto violation, the Indiana Court of Appeals held Monday. The man argued it was a violation because his prior conviction occurred before the enactment of the enhancement statute.
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Judges find certain property not included in sheriff's sale

October 31, 2011
Jennifer Nelson
The Indiana Court of Appeals relied on a decision from Colorado to rule on a case involving the sale of business personal property at a sheriff’s sale when the notice only mentioned the sale of real property.
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7th Circuit fees change Tuesday

October 31, 2011
IL Staff
Some fees at the United States Court of Appeals will change Nov. 1, including the amount for audio recording and fee for the admission of an attorney.
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Greenwood attorney is world's youngest judge

October 31, 2011
Jennifer Nelson
Among the records for longest carpet of flowers laid and the world’s shortest cat you’ll soon find the name of a Johnson County attorney.
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Brief filed in NCAA scholarship appeal

October 28, 2011
Michael Hoskins
Two former college athletes who lost their scholarships because of injuries are now arguing to the 7th Circuit Court of Appeals that they would have received multi-year athletic scholarships covering the costs of their bachelor’s degrees if it wasn’t for the “anti-competitive” National Collegiate Athletic Association Division I bylaws.
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COA upholds judgment in auction of towed car

October 28, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a father and daughter whose car was towed and later sold at auction, finding the towing company didn’t comply with the 15-day waiting period after placing notice in the newspaper before selling the car.
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Justices vacate transfer

October 28, 2011
IL Staff
The Indiana Supreme Court has decided not to take the case of a man who was convicted of intimidation, driving drunk and possession of a firearm by a serious violent felon.
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Plea reached in first-ever common construction wage prosecution

October 28, 2011
IL Staff
The Marion County Prosecutor’s Office has reached a plea agreement in a common construction wage violation involving an Indianapolis contractor, believed to be the first prosecution of this kind in Indiana.
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California judge who struck down Proposition 8 to speak in Bloomington

October 28, 2011
IL Staff
A former judge who struck down Proposition 8, the California voter initiative banning same-sex marriage, will deliver a lecture titled "On the Bench and in the Game" at Indiana University Maurer School of Law Nov. 3.
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IU Maurer partners with Oxford for new program

October 27, 2011
IL Staff
The Indiana University Maurer School of Law has signed an agreement with the Oxford Internet Institute, a department of the University of Oxford, creating a new program that will allow students to earn a certification in information law and policy from the British university and a Master of Laws degree from IU Maurer School of Law.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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