Legal News

COA rules in favor of mother in contentious custody battle

May 24, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s decision awarding a mother primary custody of her child, after a joint custody arrangement between the mother and father deteriorated.
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New magistrate judge sworn in

May 24, 2011
IL Staff
Denise K. LaRue became the newest United States magistrate judge in the Southern District of Indiana Tuesday.
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7th Circuit: Indiana judge violated man's Sixth Amendment right to counsel

May 23, 2011
Michael Hoskins
An appellate court has ruled that a senior judge in the Northern District of Indiana violated a man’s Sixth Amendment rights by not allowing him to proceed to trial with the lawyer of his choosing.
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Court rules on medical malpractice excess damages issue

May 23, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled on an issue of first impression, adopting recent guidance from the state’s highest court to decide that evidence relating to medical malpractice liability can be introduced in determining damages even after someone enters into a settlement with the healthcare provider on that underlying claim.
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Justices take two cases

May 23, 2011
Jenny Montgomery
The Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from a convicted child molester.
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Poseyville middle school students to compete in national civics event

May 23, 2011
IL Staff
Middle school students from North Posey Junior High School will compete in the National Project Citizen Showcase in August, after winning the state competition on May 17.
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Bankruptcy Court seeks public comment

May 23, 2011
IL Staff
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment concerning proposed changes to the court’s local rules. The changes involve the rule, B-2014-1, Employment of Professionals by Debtor-in-Possession.
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Justices won't intervene in secretary of state eligibility case

May 20, 2011
Michael Hoskins
Ruling on an emergency transfer request, the Indiana Supreme Court today accepted Secretary of State Charlie White’s appeal against the state’s Democratic Party and ruled it won’t put a halt to the case while a recount investigation and criminal voter fraud proceedings are ongoing.
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Mother's rights at issue in COA reversal

May 20, 2011
Michael Hoskins
The Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.
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ISBA responds to fallout from split Supreme Court ruling

May 20, 2011
Michael Hoskins
The Indiana State Bar Association issued a statement today addressing the outrage being expressed by many people concerning a state Supreme Court decision last week, which held individuals don’t have the right to resist police who enter private residences, even if those entries are illegal.
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ISBA conference registration deadline extended

May 20, 2011
IL Staff
The Indiana State Bar Association has extended the early bird registration deadline for its Solo & Small Firm Conference to May 23.
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COA to hear arguments in trademark case at Merrillville High School

May 20, 2011
Jenny Montgomery
The Indiana Court of Appeals will hear oral argument in An-Hung Yao v. State of Indiana and Yu-Ting Lin v. State of Indiana at 12:30 p.m. (CDT) May 25, 2011, at Merrillville High School in the Freshman Center Lecture Hall. A panel of judges consisting of Chief Judge Margret G. Robb, Judge Michael P. Barnes, and Judge Terry A. Crone will hear the case on appeal from Huntington Circuit Court.
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COA: Tractor sale contract not enforceable

May 19, 2011
Michael Hoskins
The Indiana Court of Appeals says it’s against public policy to uphold any civil contract that’s based on an illegal action, and so the court says it won’t create a rule allowing that transaction agreement to be enforced.
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Justices decide golf ball injury case

May 19, 2011
Michael Hoskins
Taking a swing at an issue of first impression, the Indiana Supreme Court has ruled on a golf ball injury case and rejected the concept that a sporting event participant owes no duty of care to protect others from inherent risks of the sport in all situations.
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Justices suspend former judge for misconduct

May 19, 2011
Michael Hoskins
The Indiana Supreme Court has suspended a northwest Indiana attorney for helping a litigant whose cases he’d presided over more than a decade ago when he was a Jasper Superior judge.
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Former Marion County spokesperson given public reprimand

May 18, 2011
IL Staff
Marietto “Mario” V. Massillamany, an attorney and former spokesperson for then-Marion County Prosecutor Carl Brizzi, has been publicly reprimanded by the Indiana Supreme Court for driving drunk.
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Maurer law school creates new IP research center

May 18, 2011
IL Staff
Indiana University Maurer School of Law has launched the Center for Intellectual Property Research. The center will support the study of all aspects of intellectual property law and related fields, and it will be located inside the law school’s main building.
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IU-Indy to host 31st labor-management seminar

May 18, 2011
IL Staff
This year’s seminar on labor-management relations will take a look at labor law in the age of social media.
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High court rules man could be retried

May 18, 2011
Jennifer Nelson
The Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted murder charge of another man, the Indiana Supreme Court held Wednesday.
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Judges split on mortgage issue

May 17, 2011
Jennifer Nelson
In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.
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Supreme Court receives threats after ruling

May 17, 2011
Jennifer Nelson
The Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said Hoosiers can’t resist unlawful entry into their homes by police.
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Justices take 6 cases

May 17, 2011
IL Staff
The Indiana Supreme Court has granted transfer to six cases and declined to take 22 others.
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Lawyer sentenced for theft, corrupt business practice

May 16, 2011
Jennifer Nelson
A northeast Indiana attorney who pleaded guilty to stealing from his clients has been sentenced to 11 years in prison, with five and one-half of those years suspended to active probation.
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Tax Court warns against arguing wages aren't taxable

May 16, 2011
Jennifer Nelson
In rejecting a man’s argument that his employment wages shouldn’t be subject to Indiana’s adjusted gross income tax, the Indiana Tax Court warned that those who present a similar argument in the future may be subject to paying the attorney fees of the other party.
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DOC drops kosher meal appeal

May 16, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has granted the Indiana Department of Correction and other appellants’ motion to dismiss their appeal of a case in which a federal judge found the DOC violated prisoners’ rights by denying kosher meals.
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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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