Legal News

COA will not reweigh California environmental cleanup decisions

October 9, 2012
Dave Stafford
The Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had no responsibility to cover environmental cleanup costs at former Thomson plants.
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Court of Appeals reverses and remands inmate’s request for kosher meals

October 9, 2012
Marilyn Odendahl
A Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department of Correction, but his request for kosher meals will get a second review.  
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Divided appeals court affirms disabled firefighter’s enhanced PERF benefit

October 9, 2012
Dave Stafford
A Brownsburg firefighter is entitled to disability benefits that a trial court enhanced after an appeal from the local pension board, a divided court of appeals panel ruled Tuesday.
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Divided court affirms sentence that exceeds statutory authority

October 9, 2012
Dave Stafford
A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.
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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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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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