Legal News

Justices: ‘Value’ threshold for workers’ comp liability not just direct monetary payment

January 22, 2015
Jennifer Nelson
The “value” attributable to the performance of work that triggers secondary liability under the Worker’s Compensation Act includes both direct monetary payment as well as any ancillary consideration received for the work, the Indiana Supreme Court ruled in a case of first impression.
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Insurer had duty to defend lawsuit against Menard and loss prevention company

January 22, 2015
Jennifer Nelson
A trial court incorrectly granted summary judgment in favor of a loss prevention company’s insurer over whether it had a duty to defend a Menard customer’s lawsuit stemming from actions of the loss prevention specialist.
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Court affirms valuation of hoof trimming business

January 22, 2015
Jennifer Nelson
A trial court did not abuse its discretion in ordering an ex-husband to pay a portion of an expert’s fee for valuating his hoof trimming business upon the dissolution of his marriage, the Indiana Court of Appeals held Thursday.
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COA affirms Notre Dame not responsible for treatment unrelated to work injury

January 22, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed on Thursday the decision by the Worker’s Compensation Board that a University of Notre Dame employee had reached maximum medical improvement from her work-related injury.
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Construction manager owed no duty to injured independently contracted employee

January 22, 2015
Jennifer Nelson
Based on the contracts between Ivy Tech Community College, the contract manager it hired and an independent contractor, no duty of care existed between the contract manager and the employees of contractors, the Indiana Court of Appeals affirmed.
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Campaign finance protest, hidden camera disrupt high court

January 22, 2015
 Associated Press
For the second time in 11 months, opponents of the Supreme Court of the United States rulings lifting limits on money in political campaigns briefly disrupted proceedings in the courtroom and embarrassed the court by managing to get a camera past court security.
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ESPN sues Notre Dame over police records involving athletes

January 22, 2015
 Associated Press
ESPN has filed a lawsuit against University of Notre Dame, alleging the school is violating Indiana's public record laws by withholding police incident reports about possible campus crimes involving certain student-athletes.
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New Albany attorney named part-time magistrate judge

January 21, 2015
IL Staff
A senior partner with Kightlinger & Gray LLP has been selected as a part-time magistrate judge in the U.S. District Court for the Southern District of Indiana.
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Court dismisses 11 property tax exemption appeals for lack of jurisdiction

January 21, 2015
Jennifer Nelson
Indiana Tax Judge Martha Wentworth dismissed the challenges brought by 11 cooperatives regarding the Indiana Board of Tax Review’s denial of their appeals after their property tax exemptions were revoked. The judge found the court lacks subject matter jurisdiction to hear the cases.
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Woman agrees to testify against others in Indiana explosion

January 21, 2015
 Associated Press
A woman charged in a deadly 2012 house explosion in Indianapolis agreed Tuesday to plead guilty to conspiracy to commit arson and testify against at least two other people in the fiery natural gas blast that damaged dozens of homes.
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Indiana diocese asks judge to toss jury's in vitro verdict

January 21, 2015
 Associated Press
A Roman Catholic diocese wants a federal judge to throw out a jury's verdict that it discriminated against a former teacher fired for trying to get pregnant through in vitro fertilization.
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House committee to hear magistrate bills

January 20, 2015
Marilyn Odendahl
Bills that would provide magistrates for three circuit courts in Southern Indiana are scheduled to be considered Jan. 21 by the Indiana House of Representatives Courts and Criminal Code Committee.
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Court of Appeals modifying opinion and order format

January 20, 2015
IL Staff
Beginning Monday, opinions and orders issue from the Indiana Court of Appeals will look different.
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Woman loses claim for additional retroactive retirement benefits

January 20, 2015
Jennifer Nelson
A retired teacher is not entitled to an additional six months of retroactive retirement benefits from the Indiana Public Retirement System, the Indiana Court of Appeals held Tuesday. Indiana law limits an INPRS member to only six months of retroactive retirement benefits.
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US Supreme Court rules for bearded Muslim inmate

January 20, 2015
 Associated Press
The Supreme Court is siding with a Muslim prison inmate in Arkansas who sued for the right to grow a short beard for religious reasons.
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Meijer tax ruling may reverberate statewide

January 20, 2015
Kathleen McLaughlin, IBJ Staff
Big-box retailers could see their Indiana property-tax bills slashed in half because of a recent court decision that favored Meijer over Marion County.
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Menard accused of witness tampering

January 19, 2015
IBJ Staff, J.K. Wall
The gritty legal battle between hardware store titan John Menard Jr. and Indianapolis power couple Steve and Tomisue Hilbert now includes this accusation: trying to buy off a witness.
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Chicago law professor to give Valpo’s MLK lecture

January 19, 2015
IL Staff
A DePaul University College of Law professor, well-known as a scholar in the areas of employment and labor law and voting rights, will be the featured speaker at Valparaiso University Law School’s Martin Luther King Jr. Lecture Thursday.
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ILAS annual fundraising campaign nearing goal

January 19, 2015
Marilyn Odendahl
The Indianapolis Legal Aid Society is making a final push in its 2014 holiday dollar campaign, hoping to entice late donors and surpass the record amount donated during the 2013 effort.
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Lawyers sought for Lung Association stair climb benefit

January 19, 2015
Dave Stafford
The central Indiana legal community hopes to reach new fundraising heights in the fifth annual American Lung Association’s Fight for Air Climb Law Firm Challenge.
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US Supreme Court sets stage for historic gay rights ruling

January 19, 2015
 Associated Press
The Supreme Court is getting back in the marriage business. The justices agreed Friday to decide a major civil rights question: whether same-sex couples have a right to marry everywhere in America under the Constitution.
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Defendant in deadly Indiana explosion agrees to plea deal

January 19, 2015
 Associated Press
One of three people charged in a deadly Indianapolis house explosion has reached a plea agreement, prosecutors said Friday — something an outside defense attorney said could mean a stronger case against the other two.
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Service of process fees increase under proposal in Senate

January 19, 2015
Dave Stafford
Fees sheriffs collect to serve parties in civil lawsuits would nearly double under a bill that cleared a Senate panel last week.
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Strong smell of marijuana makes strip search justified

January 16, 2015
Marilyn Odendahl
Although the man was arrested for a misdemeanor, the strong odor of marijuana that engulfed him gave law enforcement officers justification to conduct a strip search and did not violate his constitutional rights.
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Justices toss attempted murder conviction due to jury instruction

January 16, 2015
Dave Stafford
An Anderson gang member convicted of attempted murder will get a new trial after the Indiana Supreme Court vacated the judgment because jurors received erroneous instructions.
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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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