Legal News

Massa investiture May 7

May 1, 2012
IL Staff
The formal swearing-in ceremony for new Indiana Justice Mark Massa will be May 7 in the Indiana Supreme Court Courtroom.
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Indiana justices take 2 cases

April 30, 2012
Jennifer Nelson
The Indiana Supreme Court has agreed to hear the case filed by a fired professor at the University of Evansville against the school.
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COA affirms use of equitable subrogation

April 30, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court’s decision to award title over a disputed piece of property, but reversed regarding the order the defendant pay the plaintiff’s attorney fees.
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Judges affirm denial of motion to withdraw plea

April 30, 2012
Jennifer Nelson
The trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were filed against him, the Indiana Court of Appeals ruled.
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Man not prejudiced when prosecutor read illiterate witness' statement before jury

April 30, 2012
Jennifer Nelson
Although it would have been better for the trial court to excuse the jury before reading an illiterate witness’s prior statement to him to refresh his memory, any error attributable to its use is harmless, the Indiana Court of Appeals ruled.
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Judges uphold inpatient treatment for juvenile

April 30, 2012
Jennifer Nelson
Because the record shows that a juvenile’s placement at an inpatient treatment facility is consistent with the goals for the teen’s rehabilitation, the Indiana Court of Appeals upheld the juvenile court’s placement order.
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COA rules in favor of chamber in breach of contract dispute

April 30, 2012
Jennifer Nelson
In its decision ordering summary judgment be entered in favor of the Brownsburg Chamber of Commerce in a lawsuit involving damages to a former employee, the Indiana Court of Appeals adopted the proposition that damages for breach of notice provisions are limited to compensation for the notice period.
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U.S. justices to rule on retroactivity of case involving guilty pleas by immigrants

April 30, 2012
Jennifer Nelson
The Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.<
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Attorneys donate record amount to food banks

April 27, 2012
Jennifer Nelson
Lawyers and law firms participating in this year’s March Against Hunger raised the equivalent of 135 tons of food, a record amount for the competition that’s in its fourth year.
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Courts not responsible to find person named in subpoena

April 27, 2012
Jennifer Nelson
It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.
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Indianapolis attorney charged with defrauding clients out of $2.5M

April 27, 2012
Jennifer Nelson
An Indianapolis attorney has been charged with misappropriating more than $2 million from his clients.
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Former secretary of state suspended

April 26, 2012
Jennifer Nelson
The Indiana Supreme Court suspended former Indiana Secretary of State Charlie White Wednesday because he was convicted of several felonies following a trial on voter fraud charges.
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Bar associations celebrate 'Law Day'

April 26, 2012
Jennifer Nelson
Bar associations in Evansville and Indianapolis will celebrate “Law Day” with local events involving high schools. The theme of this year’s day is “No Courts, No Justice, No Freedom.”
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Dickson encourages attorneys to consider being an appellate judge

April 26, 2012
Jennifer Nelson
If you’re an attorney in Indiana, chances are you received an email from acting Chief Justice Brent Dickson Wednesday. Dickson sent the email to the legal community encouraging lawyers to apply for the upcoming vacancy on the Supreme Court.
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Teens sue school after expulsion for online death threats

April 26, 2012
IL Staff
The three teenage girls who were expelled from school because of their after-school online activity filed a lawsuit Wednesday in federal court against the northern Indiana school district. The teens claim the death threats they made on Facebook were made jokingly and their First Amendment rights are being violated.
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Catholic school teacher claims termination due to fertility treatments

April 25, 2012
Jennifer Nelson
A Fort Wayne teacher whose contract at St. Vincent de Paul School was not renewed last year claims it was because she is undergoing fertility treatment.
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5th Amendment right against self-incrimination not violated

April 25, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.
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COA rules on Kroger fuel sign dispute

April 25, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.
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Former Evansville legal aid director honored at Law Day dinner

April 25, 2012
IL Staff
Sue Ann Hartig, who retired this year after serving as executive director of the Legal Aid Society of Evansville for more than 25 years, received the James Bethel Gresham Freedom Award April 20 from the Evansville Bar Association.
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IMS attorney excels in fast-paced work environment

April 25, 2012
Jenny Montgomery
Susan Rivas enjoys the sound of cars zipping around the track at the Indianapolis Motor Speedway. Her office window overlooks the back of the grandstand, about 100 feet away, where workers are busy readying the stands for thousands of visitors.
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Changing world inspires law school program

April 25, 2012
Holly Wheeler
The recently announced dual degree J.D./LL.B. program by the Indiana University Maurer School of Law and Jindal Global Law School in India is still in the planning stages, but to many legal professors and professionals, the program promises to be a boon for students interested in practicing international law.
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Federal courthouse on list for closure consideration

April 25, 2012
Michael Hoskins
The Terre Haute courthouse survived a shutdown list in 2006 by building a new facility.
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Temporary admissions may create problems

April 25, 2012
Jenny Montgomery
Being unaware of court rules can lead to disciplinary action.
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ATM fee disclosure rules and related litigation

April 25, 2012
Jenny Montgomery
In 2011, nine lawsuits were filed in the United States District Court, Southern District of Indiana, in which plaintiffs sued owners or operators of ATMs for failing to post a sign advising users of usage fees. Similar suits have been filed around the country, and groups that represent ATM owners’ interests are calling for a change to federal law to stop further litigation.
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Importance of contracts in construction

April 25, 2012
Jenny Montgomery
A construction management company was found not liable by the Indiana Supreme Court for a subcontractor's injury.
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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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