Legal News

Indianapolis police create behavioral health units

June 27, 2016
 Associated Press
The Indianapolis Metropolitan Police Department has created behavioral health units pairing specially trained officers with mental health experts to find people in crisis and divert them to appropriate programs and services.
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7th Circuit tosses would-be revolutionary's suit against Indiana bar

June 24, 2016
Scott Roberts
A man who challenged an Indiana Board of Law Examiners rule prohibiting a person “who advocates the overthrow of the government of the United States or this state by force, violence or other unconstitutional or illegal means” lost Friday in the 7th Circuit of Appeals.
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Gregg wants review of vaping law; Senate leaders already taking look

June 24, 2016
Hayleigh Colombo, IBJ Staff
Democratic gubernatorial candidate John Gregg said, if elected, he would seek to change new laws governing the e-cigarette liquid industry, which some vaping retailers and manufacturers have called monopolistic and corrupt.
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Maryland public defender arrested for DUI, assault on cop

June 24, 2016
 Associated Press
A public defender in Annapolis, Maryland has been charged with driving under the influence of alcohol and kneeing an arresting officer in the groin.
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Vendor, Department of Revenue win partial victories on sales tax case

June 24, 2016
Scott Roberts
The Indiana Department of Revenue and a company that sold food through vending machines and its cafeteria both were victorious in Indiana Tax Court Thursday on the issue of whether all of the company’s vending machine sales and cafeteria sales are subject to sales tax and negligence penalties.
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7th Circuit reversal: Conour fraud victims, not creditor, take priority

June 23, 2016
Dave Stafford
Fraud victims of disgraced former lawyer William Conour have the upper hand over his former law firm creditor who was awarded a judgment of almost $775,000, the 7th Circuit Court of Appeals ruled Thursday, reversing the District Court and signaling too much may have been awarded.
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Jury finds Led Zeppelin did not steal riff for 'Stairway'

June 23, 2016
 Associated Press
Led Zeppelin did not steal a riff from an obscure 1960s instrumental tune to use for the introduction of its classic rock anthem "Stairway to Heaven," a federal court jury decided Thursday.
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COA: Seller not liable for undisclosed septic system

June 23, 2016
Scott Roberts
The Indiana Court of Appeals affirmed judgment against a man who claimed fraud because he was not told the property he bought was connected to a septic system.
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Murder defendant’s trial attorney ineffective, COA rules

June 23, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded the denial of a man’s post-conviction relief petition, finding his trial counsel was ineffective and his petition was not barred by laches.
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High court limits drunken-driving test laws

June 23, 2016
 Associated Press
The U.S. Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests.
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High court limits use of repeat offender law

June 23, 2016
 Associated Press
The U.S. Supreme Court is making it tougher for federal prosecutors to seek longer prison terms for people convicted of repeated violent crimes.
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Texas affirmative action plan survives Supreme Court review

June 23, 2016
 Associated Press
In a major victory for affirmative action, a divided U.S. Supreme Court on Thursday upheld the University of Texas admissions program that takes account of race.
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7th Circuit: Women’s services ad can be posted in buses

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a women’s health organization can advertise on city buses because its ad does not violate any of the transit company’s ad policies, overturning a Northern District of Indiana decision.
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7th Circuit: Omission of fibromyalgia diagnosis reversible error

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled that an administrative law judge’s omission of fibromyalgia from a woman’s list of impairments was not supported by the evidence and reversed denial of her application for supplemental security income.
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Justices rule jury instruction not fundamental error

June 22, 2016
Scott Roberts
The Indiana Supreme Court found a jury instruction that jurors “shall presume” that a man’s alcohol concentration equivalent was above the legal limit if his chemical test, taken hours later, was at 0.08 or higher was not fundamental error. As such, it affirmed his conviction.
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Jury gets peek at making of Led Zeppelin's epic 'Stairway'

June 22, 2016
 Associated Press
Rock 'n' roll history played out Tuesday in a Los Angeles courtroom as vintage recordings of Led Zeppelin working on the song that became the epic "Stairway to Heaven" were played and the songwriters discussed its craft.
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Study: Indiana judiciary doesn’t reflect state’s diversity

June 22, 2016
Scott Roberts
Indiana is one of 26 states to receive a failing grade on the diversity of its judiciary in a new study released Wednesday by the American Constitution Society for Law and Policy.
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Court rules in favor of Carmel in Home Place annexation case

June 22, 2016
Lindsey Erdody, IBJ Staff
A judge has ruled that Carmel’s attempted annexation of a small area in Clay Township known as Home Place should be allowed to move forward.
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Appeals court reverses adoption petition

June 22, 2016
Scott Roberts
The Indiana Court of Appeals reversed an adoption petition after it found the adoptive mother did not participate in a sufficient background check and the court should have combined the adoption proceedings with a paternity hearing that was also occurring at the same time.
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COA: Unreturned warrant doesn’t justify trial delay

June 22, 2016
Scott Roberts
A man’s criminal charges will be dismissed after Indiana Court of Appeals found the fact that a warrant for his arrest was not returned to trial court didn’t mean the court was absolved of its responsibility to grant him the speedy trial he asked for.
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Suit accusing Starbucks of under-filling lattes can proceed

June 21, 2016
 Associated Press
A federal judge is allowing the bulk of a lawsuit accusing Starbucks of systematically under-filling lattes to move forward.
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Abortion, race, immigration among last Supreme Court cases

June 21, 2016
 Associated Press
It happens every June. The Supreme Court of the United States nears the finish line with the most contentious cases still to be resolved.
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Attorney wins $9.5M for family of man who died in rehab hospital

June 21, 2016
Scott Roberts
An Indiana attorney has won what he claims is a record amount from a wrongful death lawsuit as a Lake County jury Friday awarded the family of a man who died in a rehabilitation hospital $9.5 million.
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COA: ADA does not apply in termination proceedings

June 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled the Americans with Disabilities Act does not apply in termination of parental rights proceedings in a case where a deaf father with cognitive and mental health problems appealed the termination of his parental rights to his son.
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Device lawsuits plague Cook Medical

June 21, 2016
John Russell, IBJ Staff
The lawsuits against Cook Medical began four years ago with a trickle but have since turned into a gusher, now surpassing 500.
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