Legal News

Insurer loses appeal over matter litigated elsewhere

August 8, 2014
Dave Stafford
An insurance company may not recover in Marion Superior Court claims paid for an auto accident after a St. Joseph court ruled a driver was not at fault in the crash.
More

Search of home after improper GPS tracking affirmed

August 8, 2014
Dave Stafford
Though the Indiana Court of Appeals agreed the warrantless installation of GPS devices was improper, it affirmed a trial court’s denial of a motion to suppress evidence subsequently collected at the home of a suspected drug dealer.
More

Firm says DCS misled parents on foster adoption subsidies

August 8, 2014
Dave Stafford
The Indiana Department of Child Services misled parents adopting foster children by falsely claiming the agency lacked resources to provide subsidies while it returned hundreds of millions of dollars to the state, according to the Indianapolis law firm pursuing a class-action suit against DCS.
More

Judges weigh 4 states' same-sex marriage cases

August 8, 2014
 Associated Press
Three federal judges weighing arguments in a landmark gay marriage hearing this week peppered attorneys on both sides with tough questions, with one judge expressing deep skepticism about whether courts are the ideal setting for major social change and another saying the democratic process can be too slow.
More

Tough anti-abortion laws examined in federal court

August 8, 2014
 Associated Press
Even with legislatures in summer recess, there's no lull in the battle over state anti-abortion laws as several federal courts decide whether to uphold or strike down some of the most sweeping measures.
More

IU Maurer gifted $3.25M for clinical endowed chair, scholarships

August 8, 2014
IL Staff
The Indiana University Maurer School of Law announced gifts of $3.25 million to establish an endowed clinical professorship and provide scholarship funds for Indiana high school graduates attending the law school.
More

Court upholds property tax assessments of Kokomo Mall

August 7, 2014
Jennifer Nelson
The Indiana Tax Court Wednesday affirmed the decision by the state Board of Tax Review to reduce Kokomo Mall LLC’s commercial property assessments for the 2007-2009 tax years.
More

Court clarifies ‘known claim’ exclusion applies in insurance coverage dispute

August 7, 2014
Jennifer Nelson
The Indiana Court of Appeals granted rehearing to a case involving a dispute over coverage for environmental contamination and found that the "known claim” exclusion applies, not the known loss doctrine.
More

Judge ‘troubled’ by delays in relocation case

August 7, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday upheld a mother’s decision to relocate from Indiana to Georgia with her daughter before a court hearing was held on the matter. But one judge on the panel found the court’s reliance on the time the mother and child lived in Georgia to support its decision “makes a mockery” of the relocation statute.
More

Rush named next chief justice, first female to lead the court

August 6, 2014
Dave Stafford
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission, which deliberated about an hour before naming her the first female chief justice in the state’s history.

“I appreciate the vote of confidence the JNC has given me,” Rush said after her unanimous selection. On being the first woman chief, she said, “I look forward to the day it’s unremarkable.”

Rush will succeed outgoing Chief Justice Brent Dickson, who announced earlier this year he will step down from the leadership position by Sept. 1, but will remain on the court. Dickson, who as chief justice also chairs the JNC, must retire from the court when he turns 75 in July 2016.
More

Rush named next chief justice

August 6, 2014
IL Staff
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission.
More

Court correctly ruled man with terminated employment contract could retire

August 6, 2014
Jennifer Nelson
An employment contract between a certified public accountant and his employer did not prohibit the CPA from retiring from his position after the company announced it would not be renewing his contract, the Indiana Court of Appeals concluded Wednesday.
More

Women who dodged orders to appear at trial properly declared unavailable

August 6, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a teen’s conviction of felony robbery, finding the trial court did not abuse its discretion in declaring two women unavailable for his trial and admitting their depositions at his trial.
More

Public asked to comment on magistrate’s reappointment

August 6, 2014
IL Staff
The United States District Court for the Southern District of Indiana is accepting comments on whether Magistrate Judge Craig M. McKee should be recommended for reappointment.
More

Commission to select next Indiana Supreme Court leader

August 6, 2014
 Associated Press, IL Staff
The Indiana Supreme Court is about to get its second new leader since 2012.
More

7th Circuit affirms man not entitled to habeas relief

August 5, 2014
Jennifer Nelson
Although a federal judge erroneously held that a savings clause did not apply to a habeas petition filed by an inmate in Terre Haute, the 7th Circuit Court of Appeals affirmed the dismissal based on the merits of the petition.
More

7th Circuit overrules decades-old precedent, orders more proceedings on benefits case

August 5, 2014
Jennifer Nelson

The 7th Circuit Court of Appeals reversed the dismissal by a federal judge of a woman’s petition for judicial review of the decision to deny rehearing her request for Social Security disability benefits. In doing so, the judges overruled a 1980 7th Circuit decision with similar facts.

More

Supreme Court denies blogger’s petition for rehearing

August 5, 2014
IL Staff
The Indiana Supreme Court will not reconsider its decision affirming Daniel Brewington’s intimidation convictions, which arose from inflammatory posts on a blog that threatened a judge.
More

Judges reverse 8 forgery convictions based on fake ballot signatures

August 5, 2014
Jennifer Nelson
A St. Joseph County man charged with multiple counts of forgery after falsifying signatures on an election ballot petition for Barack Obama in 2008 was not prejudiced when the state was allowed to amend the charging information at the end of his trial. But, the Indiana Court of Appeals held the evidence only supports convicting him of one count of forgery, not nine.
More

First responders support gay marriage in Indiana

August 5, 2014
 Associated Press
Dozens of Indiana firefighters, police officers and emergency medical workers say a federal appeals court should uphold same-sex marriage in Indiana and Wisconsin for the sake of the families of gay first responders, a spokeswoman said Monday.
More

Plea deal rejected for ex-Indiana county auditor

August 5, 2014
 Associated Press
Lawyers are reworking an agreement under which a former county auditor in southern Indiana was expected to plead guilty to criminal charges of wrongly paying personal expenses with county-issued credit cards.
More

Death row inmate denied relief by 7th Circuit

August 4, 2014
Jennifer Nelson
An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.
More

IU Maurer IP clinic joins select U.S. Patent Office pilot program

August 4, 2014
Marilyn Odendahl
The intellectual property clinical program, established earlier this year at the Indiana University Maurer School of Law, has been certified for pro bono practice before the U.S. Patent Office.
More

Testimony properly authenticates video

August 1, 2014
Marilyn Odendahl
A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.
More

Ex-officer says he was fired for whistle-blowing

August 1, 2014
 Associated Press
A former police officer and council member in an Ohio River city said in a federal lawsuit that he was fired for blowing the whistle on public corruption.
More
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hello everyone am precious from the united state of America am here to testify in the name of this great man who has brought back happiness into my family after my lover Chris left me for 3years for another woman,i really loved Chris because he was my first love i tried everything within my power to get Chris back to my life but people i met just kept on scamming me and lying to me,Then normally on Saturdays i do go out to make my hair and get some stuff,Then i had people discussing at the saloon if they do listen to there radio well,That there is a program (how i got back my ex)And started talking much about Dr EDDY how this man has helped lots of people in bringing back there lover,So immediately i went close to those ladies i met at the saloon and i explained things to them they said i should try and contact Dr EDDY that he has been the talk of the town and people are really contacting him for help immediately we searched on the internet and read great things about Dr EDDY i now got all Dr EDDY contact instantly at the saloon i gave Dr EDDY a call and i shared my problem with him he just told me not to worry that i should just be happy,He just told me to send him some few details which i did,And then he got back to me that everything would be okay within 36hours i was so happy then Dr EDDY did his work and he did not fail me,My lover Chris came to me in tears and apologized to me for leaving me in deep pain for good 3years,So he decided to prove that he will never leave me for any reason he made me had access to his account and made me his next of kin on all his will,Now the most perfect thing is that he can't spend a minute without seeing me or calling me,Am so grateful to Dr EDDY for bringing back the happiness which i lack for years,Please contact Dr EDDY for help he is a trustworthy man in email is dreddyspiritualtemple@gmail.com or you can call him or whatsapp him with this number...+23408160830324 (1)If you want your ex back. (2) if you always have bad dreams. (3)You want to be promoted in your office. (4)You want women/men to run after you. (5)If you want a child. (6)[You want to be rich. (7)You want to tie your husband/wife to be yours forever. (8)If you need financial assistance. (9)If you want to stop your Divorce. 10)Help bringing people out of prison. (11)Marriage Spells (12)Miracle Spells (13)Beauty Spells (14)PROPHECY CHARM (15)Attraction Spells (16)Evil Eye Spells. (17)Kissing Spell (18)Remove Sickness Spells. (19)ELECTION WINNING SPELLS. (20)SUCCESS IN EXAMS SPELLS. (21) Charm to get who to love you. CONTACT:dreddyspiritualtemple@gmail.com

  2. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  3. MELISA EVA VALUE INVESTMENT Greetings to you from Melisa Eva Value Investment. We offer Business and Personal loans, it is quick and easy and hence can be availed without any hassle. We do not ask for any collateral or guarantors while approving these loans and hence these loans require minimum documentation. We offer great and competitive interest rates of 2% which do not weigh you down too much. These loans have a comfortable pay-back period. Apply today by contacting us on E-mail: melisaeva9@gmail.com WE DO NOT ASK FOR AN UPFRONT FEE. BEWARE OF SCAMMERS AND ONLINE FRAUD.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

ADVERTISEMENT