Legal News

Justices rule for first time on FEGLIA preemption issue

March 14, 2012
Jennifer Nelson
In a dispute between two ex-wives over the life insurance policy of their deceased husband, the Indiana Supreme Court has ordered the trial court determine how much money each woman is entitled to.
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Court upholds robbery conviction

March 14, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed a woman’s Class B felony robbery conviction over her objections that the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.
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Retired Putnam County judge dies

March 14, 2012
IL Staff
Retired Putnam Superior Judge Sally Hallof Gray passed away Tuesday. She was 78.
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3 Indiana law schools in top 90 of U.S. News & World Report ranking

March 14, 2012
IL Staff
The publication U.S. News & World Report has released its latest rankings of best law schools, and three of Indiana’s schools are in the top 90. Two of the state’s four law schools saw their rankings drop this year.
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Tort law case tests boundaries of 'duty'

March 14, 2012
Jenny Montgomery
The Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the majority opinion could have a negative impact on public policy.
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Competing for a cause

March 14, 2012
Jenny Montgomery
Attorneys vie for top honors in food drive, stair climb.
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Questionable results of drug tests

March 14, 2012
Michael Hoskins
Attorney Fran Watson worries that people have been wrongfully convicted in Indiana, and findings released from a court-appointed task force show that she may be justified in having that fear.
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Marion County small claims under review

March 14, 2012
Michael Hoskins
A two-judge task force looking into the operation of Marion County’s small claims courts has listened to complaints from the public about inconvenience and confusion with the current system and will consider if any changes are needed.
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Shield law ruling unique in nation

March 14, 2012
Michael Hoskins
The Indiana Court of Appeals adopts a modified test in a defamation case.
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Indiana Court Decisions - Feb. 23-March 7, 2012

March 14, 2012
IL Staff
Read summaries of the latest for publication opinions from the 7th Circuit Court of Appeals and Indiana's appeals courts.
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EEOC charges Celadon with discrimination

March 14, 2012
Scott Olson
The U.S. Equal Employment Oppor-tunity Commission is suing Celadon Group Inc., charging that the Indianapolis-based trucking firm discriminated against candidates with disabilities who applied for driving jobs.
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Appellate court affirms ruling in retaliation lawsuit

March 13, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has upheld a northern Indiana judge’s decision granting summary judgment for a bank in a lawsuit filed by a former employee alleging retaliation in violation of the Age Discrimination in Employment Act of 1967.
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7th Circuit reverses Southern District judge

March 13, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has reversed a decision by U.S. Judge Sarah Evans Barker in the Southern District of Indiana involving a former police officer’s claim that he was falsely arrested for murder following a shooting outside an Indianapolis bar.
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COA affirms trial court in land rental dispute

March 13, 2012
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a tenant who was not given adequate notice to vacate rented land.
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Judges affirm sentence for man who questions constitutionality of Indiana Code

March 13, 2012
Jenny Montgomery
A man’s criminal actions that resulted in a two-year sentence were not part of a single episode of criminal conduct, and therefore, his claim that his sentence was unconstitutional is without merit.
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Justices reprimand former Marion County prosecutor

March 13, 2012
Michael Hoskins
The Indiana Supreme Court has publicly reprimanded former Marion County Prosecutor Carl Brizzi for statements he made about a high-profile murder case, and in doing so the state’s justices have set a new standard and issued a warning for prosecutors statewide: Be careful what you say.
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Divided Supreme Court rules on attorney fees case

March 12, 2012
Michael Hoskins
The Indiana Supreme Court has affirmed the award of attorney fees to an Indiana town, although two justices disagreed and would have reversed the trial court.
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Legislation to supplement IOLTA funds passes

March 12, 2012
Jenny Montgomery
Effective July 1, a fee of $1 for every civil filing will be awarded to the Indiana Bar Foundation to augment funding for its pro bono districts.
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Justices: Tax Court erred in prima facie showing requirement

March 12, 2012
Michael Hoskins

The Indiana Supreme Court has found that the Indiana Tax Court erred in requiring the state revenue department to produce more evidence of a proposed assessment of additional tax liability for a corporation.

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New mailing address for bankruptcy court

March 12, 2012
IL Staff
At the end of March, the United States Bankruptcy Court, Southern District of Indiana will deactivate its Indianapolis post office box.
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State bar, southern Indiana lawyers offer aid to tornado victims

March 12, 2012
Jenny Montgomery
The Indiana State Bar Association has established a toll-free legal aid line for victims of the March 2 tornadoes in Southeast Indiana. Victims who call for legal information will be matched with local lawyers who have volunteered to provide free legal consultations on matters such as insurance claims, home repair contracts, landlord issues and replacing legal documents.
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Divided 7th Circuit affirms 'career offender' conviction

March 9, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.
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Indiana Civil Rights Commission to kickoff statewide CLE series

March 9, 2012
IL Staff
The Indiana Civil Rights Commission will host a continuing legal education seminar on March 30 – the first of a free, six-session statewide program.
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Law firms step up for charitable cause Saturday

March 9, 2012
Jenny Montgomery
Several Indianapolis lawyers will participate in the “Fight for Air Climb” Saturday to benefit the American Lung Association.
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Judges uphold dismissal of suit filed after fall at work

March 8, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the trial court’s dismissal of a couple’s complaint for injuries and loss of consortium for subject matter jurisdiction, finding the woman’s injuries sustained while at her work fall squarely within the Indiana Worker’s Compensation Act.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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