Legal News

Indiana first in region to complete child welfare improvement plan

November 11, 2011
IL Staff
The Indiana Department of Child Services announced Thursday it has received word from Region V of the Administration of Child and Families, an affiliate of the U.S. Department of Health and Human Services, that it has satisfactorily finalized its Program Improvement Plan.
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Illinois attorney to lead Indiana Tech law school

November 11, 2011
Jennifer Nelson
The former dean of Southern Illinois University School of Law has been chosen as dean for Indiana Tech’s new law school, school officials announced Friday morning.
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Lawsuit filed against former coach, swim organizations

November 10, 2011
Jennifer Nelson
A victim molested by the former swim coach at an Indianapolis high school and club team is suing the former coach, the school corporation and two swimming organizations, arguing several people knew of the coach’s past inappropriate contact with minors and did nothing about it.
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Judge: fundamental error rule doesn't apply to civil cases

November 10, 2011
Jennifer Nelson
An Indiana Court of Appeals judge disagreed with the decision of his fellow panel members to allow a man committed to a psychiatric unit to argue the trial court committed fundamental error by not issuing an order scheduling a hearing within three days of receiving the petition for involuntary commitment.
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AG says 3rd party school bus fees are unconstitutional

November 10, 2011
Jennifer Nelson
Indiana Attorney General Greg Zoeller issued a legal opinion Thursday in response to a request by two Indiana legislators on whether school systems can outsource bus services to another entity that charges parents.
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Barnes study committee to vote on final report

November 9, 2011
IL Staff
The interim subcommittee established as a result of the Indiana Supreme Court ruling in Barnes v. State will meet Thursday to vote on the adoption of a final report.
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South Bend attorney sentenced for fraud

November 9, 2011
Jennifer Nelson
Thomas F. “Chip” Lewis III will spend more than three years in prison following his guilty plea to aiding and abetting wire fraud stemming from an advance fee scam.
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Appellate court finds mother wasn't in contempt

November 9, 2011
Jennifer Nelson
The Indiana Court of Appeals agreed with a mother that the Clark Circuit Court erred in finding her in contempt for not putting her teenage daughter on a plane to Florida to visit the teen’s father over Christmas break. The appellate court did agree with the trial court that the mom should have to pay for another flight to visit the father.
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Improving a child's access to counsel

November 9, 2011
Michael Hoskins
A proposed draft rule would change waiver procedures in the juvenile justice system.
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Rookie year on the Supreme Court

November 9, 2011
Michael Hoskins
New Indiana Justice Steven David is settled but still finding his niche.
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Adding UPL to Indiana RICO statute

November 9, 2011
Michael Hoskins
An Indiana Supreme Court case involving an estate planning “trust mill” has led to a policy discussion about whether certain types of unauthorized practice of law should rise above a misdemeanor crime and involve a racketeering component.
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Appellate court rules man can challenge med mal cap's constitutionality

November 9, 2011
Michael Hoskins
An Indianapolis man will get an evidentiary hearing on whether the state's $1.25 million cap on medical malpractice awards is unconstitutional.
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Indiana has new ALJ chapter

November 8, 2011
Michael Hoskins
Two state government attorneys have founded the Indiana chapter of the National Association of Administrative Law Judiciary. Their goal is to organize and connect those individuals in the state who are working in an ALJ capacity.
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Indiana bankruptcy filings decrease in 2011

November 8, 2011
Michael Hoskins
Indiana saw fewer bankruptcies for the fiscal year ending Sept. 30, 2011, than it did the year before, with the state improving its national ranking based on case filings.
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Justices accept 1 transfer case, deny 9

November 8, 2011
Michael Hoskins
The Indiana Supreme Court granted transfer to a divorce case last week and denied nine other cases during its weekly private conference.
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4th annual symposium to look at civil rights

November 8, 2011
IL Staff
Civil rights in the Southern District will be the topic of the fourth annual Court History Symposium presented by the Historical Society for the Southern District of Indiana Nov. 18.
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Indiana can't cap Medicaid coverage of dental services

November 7, 2011
Michael Hoskins
A northern Indiana federal judge has ruled that the state must fully cover dental services that are medically necessary for Medicaid participants, and it can’t deny coverage exceeding a certain amount because that would prevent some low-income individuals the ability to get needed care.
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COA orders new trial in utility theft case

November 7, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed a theft conviction and ordered a new trial for a man who was prohibited from discussing a lesser offense during closing argument.
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Lecture in honor of Myles N. Brand Nov. 9

November 7, 2011
IL Staff
George P. Smith II, a visiting fellow at Indiana University's Center for Law, Ethics, and Applied Research in Health Information, will deliver the center's first public lecture in tribute to his late friend, former IU President Myles N. Brand.
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Simon sues state over Amazon sales tax exemption

November 4, 2011
IL and IBJ Staff
A Marion Superior lawsuit is accusing Indiana of violating the state constitution by not collecting sales taxes from Amazon.com Inc.
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Justices decline to reconsider out-of-state placements ruling

November 4, 2011
Michael Hoskins
The Indiana Supreme Court has denied a rehearing petition from the state attorney general’s office to revisit a June ruling that upheld three statutes involving juvenile judges’ authority on out-of-state placements.
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Court examines future medical care in workers' comp case

November 4, 2011
Michael Hoskins
The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.
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Symposium marks anniversary of Nunn-Lugar Act

November 4, 2011
IL Staff
Indiana University will mark the 20th anniversary of the Nunn-Lugar Cooperative Threat Reduction Program with a symposium Nov. 11 on its Bloomington campus.
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Mother files suit challenging school bus fee

November 3, 2011
Jennifer Nelson
A woman in Marion County has filed a lawsuit against a community school corporation because she claims the fee imposed for her children to ride the bus to school interferes with their constitutional right to an education.
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Northern District seeks comment on revising, restyling rules

November 3, 2011
IL Staff
The U.S. District Court for the Northern District of Indiana is now taking comments on proposed changes to its local rules.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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