Legal News

Updated instructions aim to prevent social media use during trial

August 24, 2012
IL Staff
Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
More

Steak ’n Shake loses appeal over franchisee’s independent pricing

August 24, 2012
Dave Stafford
A longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.
More

IUPUI names McKinney dean search committee members

August 23, 2012
IL Staff
Indiana University-Purdue University Indianapolis Chancellor Charles R. Bantz announced the names of 14 people who will serve on a committee that will conduct a national search for Indiana University Robert H. McKinney School of Law’s next dean. Dean Gary Roberts has announced that he will retire as dean in June 2013.
More

Judges disagree over use of summary judgment to pierce corporate veil

August 23, 2012
Jennifer Nelson
One Court of Appeals judge believed the “only reasonable inference” that could be drawn from the evidence in a collections case is that a former company was a “sham corporation,” so the trial court properly pierced the corporate veil on summary judgment.
More

7th Circuit rules trial attorneys not ineffective

August 23, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient or ineffective pertaining to how they handled a man’s sentencing hearing.
More

Bunch freed after 16 years in prison

August 23, 2012
IL Staff
Kristine Bunch, the woman who claimed she was wrongfully convicted of killing her son in a fire in 1995, was released from prison following a bond hearing Wednesday in Decatur County. The Indiana Court of Appeals reversed her convictions and ordered a new trial on the murder charge.
More

Alternate juror’s comment doesn’t entitle man to new trial

August 22, 2012
Jennifer Nelson
A trial court properly determined an alternate juror’s alleged conduct posed only a remote risk of prejudice, and the judge’s admonishment of that juror was not an error, the Indiana Court of Appeals held.
More

Father’s confession shouldn’t have been admitted at trial

August 22, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a father’s conviction of child molesting related to his daughter, finding his confession, which was admitted into evidence at trial, was obtained in violation of Miranda protocol.
More

Court addresses use of epidemiological evidence in med mal cases

August 22, 2012
Jennifer Nelson
The Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of evidence could never be admitted in a medical malpractice case.
More

Indiana pleased with decision to vacate EPA Transport Rule

August 22, 2012
IL Staff
The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.
More

IndyBar hosting free electronics recycling drive

August 22, 2012
IL Staff
Have an old computer, cell phone, or other electronics lying around your house or office that you’d like to get rid of? This Friday, you can drop off those items at a free drive-thru e-cycling event sponsored by the Indianapolis Bar Association.
More

Pyle to join Court of Appeals Aug. 27

August 22, 2012
Jennifer Nelson
The Indiana Court of Appeals announced Tuesday that its newest judge, Rudolph Pyle III, will take the oath of office in a private ceremony Aug. 27.
More

State moves forward with IBM appeal

August 21, 2012
Dave Stafford
Attorneys for the state of Indiana have begun the formal appeal process after a Marion County court in July awarded a $52 million judgment to IBM over cancellation of the company’s contract to privatize social service claims processing.
More

Lawmakers seek leader for 'interesting, challenging and unique' post

August 21, 2012
Marilyn Odendahl
The Indiana General Assembly has begun the search for a new executive director of the Legislative Services Agency.
More

Judge did not modify jury instructions

August 21, 2012
Jennifer Nelson
A Lawrence County man was unable to prove to the Court of Appeals that the trial court abused its discretion when it denied his motion for a mistrial. He argued the judge modified the jury instructions when he answered a question from the jury in mid-deliberations.
More

Justices take 1 case, deny 7

August 21, 2012
IL Staff
The Indiana Supreme Court took a post-conviction case Aug. 13 and sent it back to the Court of Appeals for consideration.
More

Pyle leaving Circuit Court Aug. 26

August 20, 2012
Jennifer Nelson
Madison Circuit Judge Rudolph Pyle III has told the Indiana Supreme Court he will resign from Circuit Court Aug. 26 to take his spot on the Indiana Court of Appeals. Gov. Mitch Daniels appointed Pyle an appellate judge Aug. 7.
More

DCS, criminal law study committees meet this week

August 20, 2012
Jennifer Nelson
The Department of Child Services Interim Study Committee will meet for the first time Wednesday afternoon to discuss various matters including funding and child in need of services cases.
More

Tax judge declines to require attorneys represent LLCs in court

August 20, 2012
Jennifer Nelson
The Indiana Department of State Revenue asked the Indiana Tax Court to create a rule requiring limited liability companies be represented by attorneys in court, similar to a rule pertaining to corporations, but Judge Martha Wentworth declined to “invent such a rule where one does not currently exist.”
More

Man had no constitutional right to counsel

August 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
More

Judges uphold insurers’ share of settlement liability

August 17, 2012
Jennifer Nelson
A District judge did not err in how he apportioned liability among three insurers for payment of a settlement between an injured worker and a contractor, the 7th Circuit Court of Appeals held Friday.
More

AT&T technicians file lawsuit over lunch policy

August 17, 2012
Chris O'Malley
Eleven AT&T technicians have filed a federal lawsuit seeking class-action status to collect unpaid wages and overtime, alleging the company compels them to work during unpaid lunch breaks.
More

Federal Rules website revamped, accepting comment on rule changes

August 17, 2012
Jennifer Nelson
The United States Courts’ Judicial Conference Advisory Committee on Appellate, Bankruptcy, Criminal, and Evidence Rules announced Friday that it is seeking comment on several proposed changes to the Federal Rules of Practice and Procedure, as well as changes made to its website. Officials hope the revamped website will be more user-friendly.
More

Trial court has no authority to alter man’s conviction

August 17, 2012
Jennifer Nelson
An Elkhart Superior judge was correct in determining that he couldn’t reduce a man’s Class D felony conviction to a Class A misdemeanor a year after the original judgment was made, the Indiana Court of Appeals ruled.
More

7th Circuit rules in favor of attorneys in failed business investment

August 16, 2012
Jennifer Nelson
A group of investors suing attorneys who worked on the establishment of two business entities – which later failed – were unable to show the 7th Circuit Court of Appeals that the attorneys owed the investors any legal duty.
More
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

ADVERTISEMENT