Legal News

Supreme Court vacates transfer in Star commenter case

October 9, 2013
Dave Stafford
The Indianapolis Star has signaled an intent to comply with a court order to identify an anonymous online commenter whose remarks about a former Junior Achievement leader are part of a defamation lawsuit, according to an attorney representing the former executive.
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More dialogue over law school cost and curriculum

October 9, 2013
Marilyn Odendahl
Tucked along the hallway in Biolchini Hall of the University of Notre Dame Law School is an office that reflects the new focus – and the new struggle – of legal education. It is the Office of Career Development with a sleek interior of sliding doors, computers and conference rooms, and it is designed to help students get jobs once they get their law degrees.
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Annual survey finds law school admissions and applications continue to be down

October 9, 2013
Marilyn Odendahl
A majority of law schools across the United States are cutting their admissions for the second year in a row, and a significant portion expect to continue the reduction in class size next year, according to the 2013 Kaplan Test Prep law school survey released Oct. 1.
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Court rules for widow in Holiday World suit

October 9, 2013
Marilyn Odendahl
The widow and children of the late William Koch Jr. can keep their shares in the southern Indiana theme park, Holiday World and Splashin’ Safari, after a ruling by the Indiana Court of Appeals concluded that William’s brother, Dan Koch, and Koch Development Corp. offered too little money for the shares.
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1-year suspension recommended for criticizing judge

October 9, 2013
Dave Stafford
Indianapolis attorney and blogger Paul K. Ogden should be suspended from the bar for a year without automatic reinstatement for private communications criticizing a judge, according to the Indiana Disciplinary Commission.
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Attorney emerges as leader in international adoptions

October 9, 2013
Dan Human, IBJ Staff
Michele Jackson marched into an internship in 1999 hoping to deliver a swift blow to international injustices against women and children. The 24-year-old Indiana University law student didn’t realize how unpleasant the topics would be.
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Incoming ISBA president sets communication at top of agenda

October 9, 2013
Marilyn Odendahl
Jim Dimos, partner at Frost Brown Todd LLC and the next president of the Indiana State Bar Association, wants to lead by listening and engaging bar association members and non-members from around the state to not only tell them what the organization offers but also to hear what more the association can do.
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ISBA's Mentor Match pairs experienced lawyers with law grads to facilitate transition into practice

October 9, 2013
Holly Wheeler
Passing the bar. The term, for most, refers to passing a test, but the word “bar” has a number of legal meanings. Its origin, for example, referred to an actual bar or partition that separated the working and public areas of a courtroom. For those studying law, passing the bar exam is the only way to jump that bar, the only way to gain admittance to that most sacred of legal territories. Yet many new lawyers find that admittance and belonging are two different things. Armed with law degrees and a license to practice, they really need help with the “how to” part of being a lawyer.
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ISBA outstanding achievements recognized

October 9, 2013
At the Indiana State Bar Association’s Awards Luncheon, the ISBA recognizes individuals for their tireless efforts and outstanding achievements. See who was honored this year.
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Dean's Desk: Third year offers students opportunity to define, hone skills

October 9, 2013
Hannah Buxbaum
Our profession is in the midst of an important conversation about legal education – one that encompasses the costs of that education, the employment opportunities for entry-level lawyers, and the curriculum that law schools offer.
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Social media and Section 7 rights: employers under fire

October 9, 2013
Bose McKinney & Evans attorneys David Swider and Philip Zimmerly write about rights of employers in the age of social media.
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Editor's perspective: Police do it right in honoring officer killed in the line of duty

October 9, 2013
Kelly Lucas
On Sept. 26, I had a birds-eye view of the funeral procession honoring fallen Indianapolis Metropolitan Police Department Officer Rod Bradway. From IBJ Media’s second-story windows at the corner of Washington Street and Pennsylvania Avenue, my co-workers and I watched throughout the day as officers from jurisdictions throughout the state and Midwest arrived to show their support.
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‘Notre Dame 88’ lawyer cleared in discipline case

October 8, 2013
Dave Stafford
An attorney who argued that a judge’s bias warranted her recusal from a case involving pro-life students arrested for protesting the announcement of President Barack Obama’s appearance at the University of Notre Dame was cleared of disciplinary charges Tuesday.
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State, public schools sue federal government over Obamacare

October 8, 2013
IL Staff
Fifteen Indiana school districts and the state of Indiana have filed a lawsuit challenging the federal health care law and subsidies that are available to Hoosiers under rules set by the IRS.
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Trial court's suppression order binding to ethics commission

October 8, 2013
Marilyn Odendahl
After turning to the Indiana State Ethics Commission when a trial court ordered the evidence in a theft case suppressed, the state was reminded it “does not get a second bite at the apple.”   
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Walking down sidewalk while drunk does not meet new conditions for public intox, COA rules

October 8, 2013
Marilyn Odendahl
Four criteria added to the state’s public intoxication statute in 2012 presented the Indiana Court of Appeals with a question of first impression when it considered a man’s arrest for being drunk in a public place.
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Legal aid group, IndyBar, church to join for refugee Green Card effort

October 8, 2013
IL Staff
About 70 refugees from at least seven nations are expected to receive free legal help this weekend thanks to efforts of the Neighborhood Christian Legal Clinic, the Indianapolis Bar Association, Grace Community Church and other volunteers.
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COA reverses involuntary termination order for a second time

October 8, 2013
Marilyn Odendahl
The Indiana Court of Appeals sharply rebuked a trial court as having “committed clear error” by relying on old evidence and testimony in terminating a Vanderburgh County couple’s parental rights.
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Justices take appeal over who pays DCS record fee

October 7, 2013
Dave Stafford
A litigant whose award of $1,200 against the Department of Child Services for the cost of preparing an agency record was reversed by the Court of Appeals will have his case heard by the Indiana Supreme Court.
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Firm must defend deceased lawyer’s ‘inflammatory’ counterclaim

October 7, 2013
Dave Stafford
Litigation that has outlived an attorney who filed a counterclaim accusing a northwest Indiana construction company of racketeering, among other things, still could cost the late lawyer’s former firm.
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Suspect’s disheveled appearance, not GPS, led to drug discovery

October 7, 2013
Marilyn Odendahl
A suspect’s attempt to pull up his unbuckled and falling pants as he stepped from his car negated any taint on the evidence caused by local law enforcement placing a GPS on his vehicle.
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Appeals court tosses injunction tied to non-compete clause

October 7, 2013
Dave Stafford
Terms of a non-compete clause in an agreement between an IT recruiter and his former employer are unreasonable, the Indiana Court of Appeals ruled Monday in throwing out an injunction that barred the recruiter from similar employment.
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Dickson to urge service as Pro Bono Month kicks off

October 4, 2013
IL Staff
Indiana Chief Justice Brent Dickson will address the importance of charitable legal work as judges and lawyers around the state plan events coinciding with October’s Pro Bono Month.
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Cappas appointed Lake Superior judge

October 4, 2013
IL Staff
Longtime Highland criminal defense attorney Sam Cappas has been appointed judge in the Lake Superior Criminal Division.
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Holiday World widow does not have to sell shares, COA rules

October 3, 2013
Marilyn Odendahl

The widow and children of the late William Koch Jr., can keep their shares in the southern Indiana theme park, Holiday World and Splashin' Safari, after a ruling by the Indiana Court of Appeals concluded that William’s brother, Dan Koch, and Koch Development Corp. offered too little money for the shares.

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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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