Legal News

Court upholds finding woman isn't totally disabled

March 28, 2012
Jennifer Nelson
Because a woman failed to seek appellate review of the decision by the Worker’s Compensation Board of Indiana that she was not permanently and totally disabled, she waived any claim of error related to that decision, the Indiana Court of Appeals has ruled.
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Judges affirm denial of post-conviction relief

March 28, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal attorneys’ failure to raise these claims created no prejudice.
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Justices will hear arguments in Floyd County

March 28, 2012
IL Staff
The Indiana Supreme Court will visit New Albany Thursday to hear arguments in a case involving Rolls-Royce Corp.
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Attorney recovering after shooting

March 28, 2012
Jennifer Nelson
A Fort Wayne attorney shot Tuesday morning at his home is recovering from his injuries, which are not life threatening.
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Massa to join Supreme Court April 2

March 28, 2012
IL Staff
Mark Massa, the state’s newest justice, will be sworn in April 2. Former Chief Justice Randall T. Shepard will administer the oath.
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Confidentiality issues raised

March 28, 2012
Michael Hoskins
St. Joseph County case creates concern about protecting callers’ identities on child abuse claims.
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Legal briefs raise copyright questions

March 28, 2012
Michael Hoskins
A New York federal suit challenges publishers' selling of attorneys' work.
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Court rules on child support, parenting time modifications

March 27, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled on a case involving parenting time and child support issues between a mother and father.
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Judges: injuries from crash on public road not covered

March 27, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a decision by the state worker’s compensation board that denied a security guard’s claim that a car accident on the way to work happened in the course of his employment and should be compensated.
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Closed-circuit testimony not unconstitutional

March 27, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.
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Federalist Society to host talk on unions

March 27, 2012
IL Staff
The Federalist Society for Law and Public Policy Studies, Indianapolis Lawyers Division Chapter, will host a lunchtime speaker at noon March 29 at the Conrad Indianapolis, Hong Kong Room, 50 W. Washington St.
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State bar announces board vacancies

March 27, 2012
IL Staff
The Indiana State Bar Association has announced vacancies on its board of governors for the October 2012-October 2014 term.
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Court rules on parental discipline case

March 26, 2012
Michael Hoskins
The Indiana Court of Appeals has held that a woman’s prior conviction for battering her daughter in a way similar to a current case is admissible pursuant to the state’s rules of evidence.
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Governor: Mark Massa 'superb choice' for Supreme Court

March 23, 2012
Michael Hoskins
On Chief Justice Randall T. Shepard's final day as a member of the Indiana Supreme Court, Gov. Mitch Daniels named Mark S. Massa, a former state and federal prosecutor, as the state’s newest justice.
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Mark Massa named Indiana Supreme Court justice

March 23, 2012
Michael Hoskins
Gov. Mitch Daniels has chosen Indiana Criminal Justice Institute Director Mark S. Massa as the state’s newest Supreme Court justice.
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COA: Independent contractor's death already compensated

March 23, 2012
Michael Hoskins
The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers' compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.
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Justices uphold probation revocation for child support non-payment

March 23, 2012
Michael Hoskins
A trial judge was correct in revoking a man’s probation based on his failure to pay weekly child support as a condition of his probation, the Indiana Supreme Court has ruled.
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Divided Supreme Court orders new murder trial

March 23, 2012
Michael Hoskins
Three justices have tossed out a murder conviction, ordering a new trial on the grounds that the trial judge should have given the jury the option to consider a lesser offense of reckless homicide.
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Judges rule on Evansville environmental coverage case

March 23, 2012
Michael Hoskins
The Indiana Court of Appeals has determined a Marion County judge properly granted summary judgment in favor of a group of insurance companies because the city of Evansville was seeking coverage for projects aimed at preventing future sewer discharges, rather than remediating past discharges, which wouldn’t be covered by the policies.
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Former U.S. attorney general to speak at ND law school

March 23, 2012
IL Staff
Former U.S. Attorney General John Ashcroft will deliver the keynote address at Notre Dame Law School’s Journal of Law, Ethics and Public Policy symposium March 26.
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Settlement funds to be used for utility bill assistance

March 23, 2012
IL Staff
Indiana Attorney General Greg Zoeller announced Wednesday that funds from a multi-million dollar mortgage lending settlement will benefit low-income homeowners who need help with utility bills.
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Court rules FSSA notices are unconstitutional

March 22, 2012
Michael Hoskins
The Indiana Supreme Court has held that the notices sent by the state Family and Social Services Administration to inform applicants they were denied Medicaid, food stamps, or family assistance benefits are unconstitutional under the 14th Amendment’s due process clause because they do not sufficiently explain the reasons for being denied.
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Supreme Court examines Indiana's blacklisting statute

March 22, 2012
Michael Hoskins
In declaring precedent from 1904 bad law, the Indiana Supreme Court has determined that individuals who’ve voluntarily left employment can pursue a claim against their former employers under the state’s blacklisting statute.
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Judges disagree on meaning of language in city ordinance

March 22, 2012
Jenny Montgomery
The Indiana Court of Appeals reversed a trial court in a property dispute, but Judge Ezra Friedlander disagreed with the majority based on his interpretation of “conspicuous change.”
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Justices disagree on pollution exclusion coverage

March 22, 2012
Michael Hoskins
A divided Indiana Supreme Court has held that the pollution exclusion contained in a general commercial liability policy is ambiguous and should be construed to provide coverage rather than in favor of the insurance company trying to deny coverage.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. 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.

  4. 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.

  5. 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.

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