Legal News

Appeals court weighing lawsuit filed by ex-IPFW chancellor

October 15, 2015
 Associated Press
An attorney for the former top administrator of Indiana University-Purdue University Fort Wayne pressed arguments that a businessman defamed him in a letter shortly before he was forced to retire.
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COA reverses finding attorney entitled to malpractice coverage

October 15, 2015
Jennifer Nelson
A trial court improperly concluded that an Auburn, Indiana, attorney did not make a material representation in his application for renewal of malpractice insurance, the Indiana Court of Appeals held Thursday in reversing summary judgment in favor of the attorney.
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Ruling in favor of doctors in med mal case upheld

October 15, 2015
Jennifer Nelson
The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.
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Inmate loses request for Xbox, other privileges

October 15, 2015
Jennifer Nelson
The Department of Correction has a rational reason for limiting which inmates qualify to be housed in a “Honor Unit,” in which they have access to video games and weights, the Indiana Court of Appeals held in affirming summary judgment for the DOC on an inmate’s lawsuit.
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Hastert attorney says former speaker intends to plead guilty

October 15, 2015
 Associated Press
Former House Speaker Dennis Hastert intends to plead guilty in a multimillion-dollar hush-money case linked to allegations of sexual misconduct from decades ago, a defense attorney told a federal judge Thursday.
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COA affirms attorney fee order

October 15, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.
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Mediator appointed to Marion Superior Court

October 15, 2015
IL Staff
An Indianapolis mediator has been selected by Gov. Mike Pence to fill the vacancy in Marion Superior Court created when Judge Robert Altice Jr. was appointed to the Indiana Court of Appeals in July.
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Judge hears lawsuit challenging Indiana ballot photos law

October 15, 2015
 Associated Press
A federal judge seemed critical of a new Indiana law that prohibits voters from taking photos of their election ballots and sharing the images on social media during a hearing on a lawsuit challenging the law.
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COA modifies punitive damages award

October 14, 2015
Jennifer Nelson
The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.
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Court split over actual notice of defendant’s incarceration

October 14, 2015
Jennifer Nelson
Although “not a fan” of discharges pursuant to Criminal Rule 4(C), an Indiana Court of Appeals judge believes a defendant’s case needs re-examined by the trial court to see if he is entitled to discharge.
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COA outlines approach to awarding attorney fees in estate challenges

October 14, 2015
In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.
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Jury: Apple infringed on Wisconsin university's tech patent

October 14, 2015
 Associated Press
A federal jury has found Apple Inc. infringed on a technology patent held by the foundation that protects the University of Wisconsin's intellectual property.
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Boilerplate language can’t support warrant for blood draw

October 14, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.
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Confidence levels remain muted, partners say

October 14, 2015
 Bloomberg News
If there’s optimism among law firm managing partners, it’s muted at best.
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Ernst & Young confronts Madoff’s specter in trial over audits

October 14, 2015
 Bloomberg News
Ernst & Young LLP took Bernie Madoff at his word when it signed off on audits of a fund that helped feed the biggest Ponzi scheme in U.S. history. The firm must now defend that decision at the first trial of an auditor over losses tied to Madoff, who’s serving a 150- year prison term for stealing billions of dollars from thousands of investors.
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DOC recommends stretching $5 million to 41 counties

October 13, 2015
Marilyn Odendahl
The Indiana Department of Correction, going against previous advice, has proposed spreading newly available state money around to several counties to help provide rehabilitation and treatment for the low-level offenders who will be coming to county jails.
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Convicted sex offender seeks chance to take Ohio bar exam

October 13, 2015
 Associated Press
A former Army officer who served time in prison after repeatedly trying to meet girls for sex wants to become a lawyer, a move opposed by the legal profession, according to a case that has reached the state's highest court.
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SCOTUS hear arguments over life sentences for teenagers

October 13, 2015
 Associated Press
People serving life terms for murders they committed as teenagers were looking to the Supreme Court of the United States Tuesday for signals about whether they will have a chance to seek their freedom.
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Justices to review day care couple’s manslaughter convictions

October 13, 2015
Jennifer Nelson
The Indiana Supreme Court will decide whether a couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care should get new trials.
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Officer’s internal statement not allowed in criminal trial

October 13, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a Fort Wayne police officer that a statement he gave as part of an internal affairs investigation into his role in a break-in of a foreclosed home should not be allowed at his criminal trial.
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Dewey jury remains stuck over most counts against executives

October 13, 2015
 Bloomberg News
A jury considering fraud charges against three former executives at Dewey & LeBoeuf LLP remains deadlocked on most counts in its 18th day of deliberations.
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Man charged after shooting outside federal courthouse

October 12, 2015
IL Staff
A man who is accused of firing a handgun in front of the Birch Bayh Federal Courthouse in Indianapolis has been charged with firearm and drug offenses.  
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Indiana lawyers say they're not bound to report child abuse

October 12, 2015
 Associated Press
Some child welfare officials say there could be dangerous fallout from an Indiana State Bar Association committee's opinion that lawyers aren't bound by a state law requiring anyone who suspects child abuse to immediately report it.
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Billboard company suing city over digital sign ban

October 12, 2015
Scott Olson, IBJ Staff
A local billboard firm is suing the city of Indianapolis, claiming a recent Supreme Court of the United States decision makes the city's sign ordinance unconstitutional.
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Total legal spending up 2 percent, survey says

October 12, 2015
 Bloomberg News
Total legal spending is up slightly – by 2 percent – according to HBR Consulting’s 2015 Law Department Survey. But, not surprisingly, outside counsel spending is flat compared with last year.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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