Legal News

Nightingale Home Healthcare sues state, feds alleging discrimination

February 5, 2016
IBJ Staff
Carmel-based Nightingale Home Healthcare Inc. said Friday it has filed a lawsuit against state and federal officials after Medicare sought to stop payments to the firm for allegedly putting patients in “immediate jeopardy.”
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Judges affirm co-defendants’ robbery convictions

February 4, 2016
Jennifer Nelson
Two men convicted of robbing a West Lafayette money lending store could not persuade the Indiana Court of Appeals to reverse their convictions.
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Plaintiff failed to prove injury caused by crane lessor

February 4, 2016
Jennifer Nelson
A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.
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Indiana co-authors amicus brief in Texas abortion clinic case

February 4, 2016
IL Staff
Indiana and Ohio have authored an amicus brief filed Wednesday in a case before the Supreme Court of the United States asking it to uphold Texas’ abortion clinic surgical standards.
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Rush to lead new task force on access to electronic court records

February 4, 2016
IL Staff
It’s time for best practices and policies on Internet access to court records to be developed, the Indiana Supreme Court said Thursday in an order about the creation of an advisory task force on remote access to and privacy of electronic court records.
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Federal court rejects convicted financier's sentence appeal

February 4, 2016
 Associated Press
A federal appeals court has rejected a former Indianapolis businessman's bid to shorten his 50-year sentence for defrauding investors of $200 million.
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COA rejects BMV’s request for relief from judgment

February 4, 2016
Jennifer Nelson
The state of Indiana did not establish prima facie error in the trial court’s denial of its motions for relief from judgment in two cases in which the lower court ordered the reinstatement of drivers’ licenses without proof of future financial responsibility, the Court of Appeals held Thursday.
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Suit by man accused of killing Indianapolis officer tossed

February 4, 2016
 Associated Press
A federal judge in Indianapolis has thrown out a $2.3 million lawsuit filed by a man charged in the killing of a police officer. Among the defendants named in the suit is the officer he allegedly killed.
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Senate bets on fantasy sports, sends regulatory bill to House

February 4, 2016
IBJ Staff
Legislation that would regulate commercial fantasy sports games and clarify that they are legal passed the Senate on Wednesday and is headed to the House for consideration.
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Led Zeppelin members deposed in 'Stairway to Heaven' lawsuit

February 3, 2016
 Bloomberg News
The surviving members of Led Zeppelin have all been questioned in a lawsuit that alleges their hit "Stairway to Heaven" was filched from an obscure song by the band Spirit. Jimmy Page, John Paul Jones, and Robert Plant were each deposed separately over the past month as part of pretrial discovery in the copyright infringement case, new filings in Los Angeles federal court show.
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COA affirms negligence action barred against woman’s employer

February 3, 2016
Jennifer Nelson
An employee who received workers’ compensation benefits for her injury on work property is barred by the Workers’ Compensation Act from filing a negligence lawsuit against her employer and its subsidiaries, the Indiana Court of Appeals affirmed Wednesday.
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Cosby lawyer says comedian was assured he was in the clear

February 3, 2016
 Associated Press
Bill Cosby's top legal adviser said Wednesday that he never would have let the comedian testify in a 2005 lawsuit if he thought Cosby could still face sexual assault charges in the matter.
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New Southern District magistrate sworn in

February 3, 2016
IL Staff
Matthew P. Brookman was sworn in Monday as the newest magistrate judge in the U.S. District Court for the Southern District of Indiana. He is filling the vacancy created by the retirement of Magistrate Judge William G. Hussmann, whose last day was Friday.
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Judge in power plant body case once represented suspect

February 3, 2016
 Associated Press
A southwestern Indiana judge who will preside over the murder trial of a man accused in a killing at a power plant has told attorneys that he once represented the suspect in an unrelated case.
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Judge says Spierer search warrants must remain sealed

February 3, 2016
 Associated Press
A judge says information regarding search warrants connected to the 2011 disappearance of an Indiana University student need to remain sealed so the investigation won't be compromised.
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Indiana AG sues 3 companies in alleged tax-sale scheme

February 3, 2016
 Associated Press
Indiana is suing three out-of-state companies for allegedly orchestrating a scheme that bilked dozens of state residents out of millions of dollars after their homes were sold in tax sales.
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2 found in contempt for practicing law

February 2, 2016
IL Staff
The Indiana Supreme Court has fined two attorneys after finding them in contempt for practicing law while one was suspended and after one had resigned from the bar nearly 10 years ago.
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COA: CDL holder cannot enter diversion program for alcohol offenses

February 2, 2016
Jennifer Nelson
A man who held a commercial driver’s license and pleaded guilty to two misdemeanor drunken-driving offenses cannot participate in a diversion program, the Indiana Court of Appeals ruled Tuesday. One judge on the panel had concerns that the law treats CDL holders and those without a CDL differently.
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Former Indy developer going back to prison for a year

February 2, 2016
Greg Andrews, IBJ Staff
Former Indianapolis developer Sydney “Jack” Williams avoided legal disaster six years ago when prosecutors concluded he was an unwitting participant in a Miami fraudster’s $930 million Ponzi scheme.
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LeBron, Kobe tattoos in video games trigger copyright suit

February 2, 2016
 Bloomberg News
LeBron James and Kobe Bryant are at the center of an obscure legal battle over a simple question: Can tattoos be copyrighted?
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Tax Court upholds land reclassification over assessor’s objection

February 1, 2016
Jennifer Nelson
The Indiana Tax Court affirmed a final determination by the state Board of Tax Review to reclassify nearly 3 acres of property from excess residential to agricultural, finding enough evidence to support the decision.
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Doctors’ affidavits cannot defeat summary judgment

February 1, 2016
Jennifer Nelson
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
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Bacardi protests renewal of Cuba's rum trademark in the US

February 1, 2016
 Associated Press
Bacardi wants to know more about a recent U.S. government decision allowing Cuba to sell its Havana Club rum in America when the U.S. trade embargo ends.
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Feds seek prison for Indiana man in international spam case

February 1, 2016
 Associated Press
Federal prosecutors in Pittsburgh want an Indiana man sent to prison for helping send millions of illegal spam messages to U.S. and international cellphones and computers.
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Indiana Judges Association launches website

February 1, 2016
IL Staff
The Indiana Judges Association is now online. The organization has created a website with information for judicial officers and the public.
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  1. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

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