Legal News

Court of Appeals names 7 CLEO interns

June 3, 2016
IL Staff
Seven students from three Indiana law schools have been named 2016 Carr L. Darden Conference for Legal Education Opportunity program interns.
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Justices rule Ed Martin Toyota can relocate to Hamilton County

June 2, 2016
Scott Roberts
Three central Indiana Toyota dealers lost their battle to stop a fourth from moving into their vicinity as the Indiana Supreme Court ruled Thursday they did not have standing to stop the move from happening.
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Trial in IU student's death can stay in Brown County, judge rules

June 2, 2016
 Associated Press
A trial for a man accused of killing a 22-year-old Indiana University student likely will be held in Brown County despite his lawyer's concerns about a biased jury.
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Police: Suspect in Indiana killings inspired by 'Purge' film

June 2, 2016
 Associated Press
A 19-year-old Indianapolis man has been charged with killing three people over four days, and authorities say he was inspired by the horror movie "The Purge."
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Judge declines to dismiss $6.5M Andy Mohr jury award

June 2, 2016
IBJ Staff
A federal judge in Indianapolis has refused to dismiss a $6.5 million jury verdict awarded to Andy Mohr Truck Center in its long-running dispute with Volvo Trucks North America.
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Judge allows state vaping law to move forward

June 2, 2016
Hayleigh Colombo, IBJ Staff
A Marion County judge has ruled a state law regulating the manufacturers of vaping “e-liquids” can take effect July 1, shutting down an attempt to get a preliminary injunction on the law that they say will put them out of business.
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7th Circuit: Drivers not entitled to ‘special services’ profit

June 2, 2016
Scott Roberts
Truck drivers are not entitled to profits from any “special services” a company they drive for provides, the 7th Circuit Court of Appeals affirmed Wednesday, because the language supporting such a claim isn’t in the contract.
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SCOTUS denies cert to Kansas attorney seeking to practice in Indiana

June 1, 2016
Jennifer Nelson
The third time wasn’t the charm for a Kansas attorney who wanted the U.S. Supreme Court to take his lawsuit challenging Indiana’s decision to not admit him to practice. The nation’s highest court denied his writ for certiorari for the third time Tuesday.
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Indianapolis jeweler faces $2.4M suit over store

June 1, 2016
Jeff Newman, IBJ Staff
Hofmeister Personal Jewelers Inc., one of Indianapolis' best-known jewelry stores, has been sued by Wells Fargo Bank for allegedly defaulting on a $2.3 million mortgage on its Clearwater Crossing store.
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Indiana in minority on how it handles Supreme Court ties

June 1, 2016
Scott Roberts
Indiana is in the minority when it comes to handling state Supreme Court ties, according to a recent article by a Texas Supreme Court justice.
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Justices: Divorced parents don't have to pay graduate school costs for their children

June 1, 2016
Scott Roberts
In a unanimous decision, the Indiana Supreme Court ruled divorced parents cannot be obligated to pay the graduate or professional school expenses of their adult children in a case where a mother and father were forced to share a child’s dental school expenses after she completed her undergraduate degree.
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ILS collaborates with East Chicago Housing Authority to help young adults

June 1, 2016
Marilyn Odendahl
Starting this summer, Indiana Legal Services will partner with the East Chicago Housing Authority to help local youths who have criminal records overcome the barriers to jobs, housing and education.
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Application period opens for crime victim program grant

June 1, 2016
IL Staff
More than $45 million in grants for programs that help victims of violent crime is being made available through the Indiana Criminal Justice Institute, which announced Wednesday that grant applications will be accepted through July 1.
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Indiana Tech Law School graduates under pressure to be exemplary attorneys

June 1, 2016
Marilyn Odendahl
The 20 graduates who received their J.D. degrees were part of a historic day for Indiana Tech Law School as they were the first to graduate from the state’s fifth law school. But faculty and graduates acknowledged that the graduation, while a significant milestone, is not the end of their work.
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Darryl Pinkins’ freedom a long, emotional battle for IU professor, students

June 1, 2016
Dave Stafford
Darryl Pinkins walked out of prison a free man in April after almost 25 years, exonerated in a heinous 1989 rape by advances in DNA forensics. But before the science could free him, Pinkins needed someone to believe in his innocence.
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Judge’s actions move IBM case back to Supreme Court

June 1, 2016
Dave Stafford
There appears to be no end in sight to the ‘extraordinary’ canceled welfare contract lawsuit involving the state and IBM.
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COA questions evidence in Patel feticide conviction

June 1, 2016
Scott Roberts
The Indiana Court of Appeals recently heard arguments in a case that could impact any pregnant woman whose actions result in the death of her unborn child.
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Retailer sees litigation costs cut by nearly half under Ogletree Deakins program

June 1, 2016
Scott Roberts
Management at hhgregg realized it had a problem. It was spending too much in legal costs — more than $70,000 a month — and the retailer and its employees did not have a centralized place to go for legal answers.
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COA: Mother justified in deciding not to work as doctor

May 31, 2016
Jennifer Nelson
In a child support case in which a man challenged the decision by his son’s mother to quit her job as a doctor to stay at home with her children, the Indiana Court of Appeals found she had just cause to do so based on the sons’ special needs.
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Suspended attorney’s UPL convictions upheld

May 31, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a suspended Elkhart attorney’s convictions of practicing law by a non-attorney after ruling there is sufficient evidence he continued to provide legal work after he was disciplined by the Indiana Supreme Court two years ago.
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Division of judgment in failed care facility financing affirmed

May 31, 2016
Dave Stafford
A former Indiana lawmaker and his business partners must pay a pro rata share of a deficiency judgment over defaulted financing for a rehabilitation care facility in Liberty, Indiana, the Court of Appeals affirmed Tuesday.
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Although unlicensed in county, contractor still owed for work

May 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a contractor violated the Home Improvement Contracts Act when he misled a family into thinking he was locally licensed and voided the contract between the two. However, the court said he should still be paid for the work he did because the family would be unjustly enriched if he was not paid.
More

Contract’s ambiguities win homeowners a reversal

May 31, 2016
Marilyn Odendahl
Owners of a shabbily built house will get another chance to hold their architects accountable for the construction headaches after the Indiana Court of Appeals found there are questions of material fact that should be considered.
More

COA affirms child care worker’s convictions of sex with minors

May 31, 2016
Dave Stafford
A Putnam County man convicted of multiple counts of sex with minors under his care failed to convince the Indiana Court of Appeals that evidence against him was improperly admitted in his bench trial.
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Stepfather who proved paternity can’t deprive ex of joint custody

May 31, 2016
Dave Stafford
A man who fathered a child while the mother was married to another man lost his appeal Tuesday that sought relief from a court order concerning the child's custody.
More
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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