Legal News

Impact of an evolving interstate

December 21, 2011
Michael Hoskins
Lawsuits challenge the environmental footprint and public policy of I-69 expansion in southern Indiana.
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Marsh wins $19.5M judgment against Roche

December 20, 2011
Scott Olson
A Hamilton Superior judge has awarded Marsh Supermarkets Inc. a total of $19.5 million in damages in a soured sublease deal with Swiss pharmaceutical- and medical-equipment-maker Roche.
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Traffic judge's 60-day suspension begins next week

December 20, 2011
Michael Hoskins
Hammond City Court Judge Jeffrey A. Harkin will begin serving his 60-day unpaid suspension on Dec. 27 as a result of an agreement he reached with the Indiana Commission on Judicial Qualifications and approved by the state’s highest court.
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Federal incarceration doesn't count toward speedy trial clock

December 20, 2011
Michael Hoskins
The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.
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64 claimants accepted settlement offers stemming from stage collapse

December 20, 2011
Jenny Montgomery
Indiana Attorney General Greg Zoeller announced Monday that 64 of 65 claimants offered settlements in the Indiana State Fair stage collapse have accepted the offers. Checks will be issued by year-end, the AG’s office said, paying out the entire $5 million in tort claim funds the state has available by law.
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Judge upholds New Castle mayor's election

December 20, 2011
Michael Hoskins
A special judge in Henry County has dismissed a challenge to the New Castle mayor’s election, finding that mayor-elect Greg York is able to become the city’s top executive because he didn’t violate the state’s residency requirement by keeping two homes and splitting where he spent his time.
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In issue of first impression, COA reverses union decision

December 20, 2011
Jenny Montgomery
Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.
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Judges uphold man's convictions, enhanced sentence

December 20, 2011
Michael Hoskins

The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.

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Federal Circuit hears judges' pay case

December 19, 2011
Michael Hoskins
A federal appellate court heard arguments Friday in a case that could ultimately decide if Congress has the authority to withhold judicial pay increases as it’s done in the past or whether cost-of-living adjustments are required.
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COA affirms arbitration opinion on rehearing

December 19, 2011
Jenny Montgomery
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.
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Appeals court sides with estate of contractor killed on the job

December 19, 2011
Jenny Montgomery
The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.
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Justices grant transfer in 1 civil case

December 19, 2011
IL Staff
The Indiana Supreme Court has accepted a case asking whether a construction subcontractor on a public school project can be held liable for attorney fees under the state’s public records access laws applying to public agencies.
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Munster advances to national We the People competition

December 19, 2011
IL Staff
Students from Munster High School won the state championship in the We the People competition Sunday and will represent Indiana in the national competition next year.
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Job opening: Indiana Supreme Court justice

December 19, 2011
Michael Hoskins
Lawyers interested in becoming the next justice on the Indiana Supreme Court have until Jan. 27 to apply for the opening created by Chief Justice Randall T. Shepard’s upcoming retirement.
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Judge: Governor can be deposed

December 16, 2011
Michael Hoskins
Indiana Gov. Mitch Daniels shouldn’t be excused from appearing for a deposition in a lawsuit challenging the cancelled multi-million dollar contract with IBM to modernize the state’s welfare system, according to Marion Superior Judge David Dreyer.
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AG wants justices to consider prosecutor disqualification

December 16, 2011
Michael Hoskins
Arguing that prosecutors must face an actual conflict of interest before they can be removed from a case, the Office of the Indiana Attorney General wants the state justices to take the high-profile case of a former state trooper being tried for murders that happened more than a decade ago.
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In first impression ruling, COA reverses trial court on illegal search

December 16, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.
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Governor names new general counsel

December 16, 2011
IL Staff
Gov. Mitch Daniels announced Friday that Anita Kolkmeier Samuel, assistant general counsel and policy director for the governor, has been named general counsel. Samuel replaces David Pippen, who has resigned to accept a position with Indianapolis law firm Bose McKinney & Evans.
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63 claimants will accept settlement in State Fair stage collapse

December 15, 2011
IL Staff
The Office of the Indiana Attorney General has heard from all 65 claimants who were offered settlements stemming from the stage collapse at the Indiana State Fair in August, and 63 will accept the settlements.
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Justices rule man not disenfranchised under the Infamous Crimes Clause

December 15, 2011
Jennifer Nelson
The Indiana Supreme Court hesitantly answered Thursday a certified question from the federal court as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.
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IJA honors colleague and journalist

December 15, 2011
Jennifer Nelson
An Allen Superior judge and a Louisville journalist received the Community Relations Committee awards this year from the Indiana Judges Association.
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7th Circuit affirms dismissal of plaintiffs

December 15, 2011
Jennifer Nelson
Before the 7th Circuit Court of Appeals could rule on the dismissal of multiple plaintiffs from a civil rights and breach of contract lawsuit, the appellate court had to determine if it had jurisdiction to rule on the plaintiffs’ appeal.
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Grand jury indicts 2 attorneys, real estate broker

December 14, 2011
Cory Schouten
A grand jury in South Bend has returned a 14-count criminal indictment against two attorneys and a real estate broker from central Indiana over a state lease deal in Elkhart.
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Woman loses appeal for overtime pay

December 14, 2011
Jennifer Nelson
A sewing manager who sued her former employer to obtain overtime pay for work she did before her shift started lost her appeal because the employer didn’t know that she was working prior to her shift, the 7th Circuit Court of Appeals ruled Wednesday.
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Evidence properly admitted under independent source doctrine

December 14, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone number on a defendant’s cell phone in 2007 at the man’s trial several years later.
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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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