Legal News

Zoeller re-elected to second term as AG

November 7, 2012
Jennifer Nelson
Indiana Attorney General Greg Zoeller defeated Democratic candidate Kay Fleming and will remain attorney general for four more years.
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All appellate judges on the ballot retained by voters

November 7, 2012
IL Staff
Collecting more than a million “yes” votes each, Indiana Justices Steven David and Robert Rucker have been retained in office. David faced opposition from some who disagreed with the majority opinion he authored regarding unlawful police entry into homes.
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Too few pro bono attorneys in Indiana rural communities

November 7, 2012
Marilyn Odendahl
In response to the low numbers, the Indiana Bar Foundation is launching a legal assistance website to help low-income Hoosiers.
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Taking the oath

November 7, 2012
Marilyn Odendahl
The admission ceremony for new Indiana lawyers weaves together feelings of joy and responsibility.
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Attorney discipline process goes public

November 7, 2012
Dave Stafford
Testimony alleges that Ohio lawyer’s race and past play a role in Indiana’s case against him for unauthorized practice of law.
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Court finds mediation not so confidential

November 7, 2012
Marilyn Odendahl
Some Indiana attorneys are concerned about the possible ramifications of the recent Horner decision.
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Justices reverse COA, hold state’s appeal timely

November 6, 2012
Dave Stafford
The Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression of evidence in a drunken-driving case.
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Evidence shows outrage over property tax assessment is a case of ‘buyer’s remorse’

November 6, 2012
Marilyn Odendahl
A dispute over a property tax assessment of a mobile home park is a case of buyer’s remorse and not indicative of an error by the Indiana Board of Tax Review, the Indiana Tax Court has ruled.
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Wife’s pain from shove, poked forehead ‘bodily injury,’ justices rule

November 6, 2012
Dave Stafford
The Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim physical pain meets the test.
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Board did not abuse discretion in finding assessor’s appraisal more persuasive

November 6, 2012
Marilyn Odendahl
Noting that determining the assessed value of a property is not an exact science, the Indiana Tax Court rejected a property owner’s assertion that the county assessor’s appraisal was improperly given greater weight.
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White disciplinary proceedings stayed, suspension still in effect

November 6, 2012
Jennifer Nelson
The Indiana Supreme Court agreed Nov. 1 to hold off on proceeding with a disciplinary investigation of former Indiana Secretary of State Charlie White after White requested a stay. His law license, which was suspended in May, remains suspended.
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License of pharmacy in meningitis outbreak suspended

November 6, 2012
Dave Stafford
Indiana regulators have suspended the license of a Massachusetts pharmacy at the center of a deadly meningitis outbreak.
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BMV puts the brakes on enforcing uninsured motorist registry

November 5, 2012
IL Staff
The Indiana Bureau of Motor Vehicles agreed Monday to halt enforcement of the “Previously Uninsured Motorist Registry” and reinstate the driver’s licenses of thousands of Hoosiers.
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Justices take 1 case, reject 20

November 5, 2012
IL Staff
Indiana justices will review a case involving a search deemed illegal and a subsequent conviction for resisting law enforcement that was reversed by the Court of Appeals.
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Centralized hotline and hiring more workers among issues on DCS study committee agenda

November 5, 2012
Marilyn Odendahl
The centralized hotline system is among the topics to be discussed when the Department of Child Services Interim Study Committee meets Nov. 8.
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Court names Tippecanoe pro tem judge to replace Rush

November 5, 2012
IL Staff

Senior Judge Thomas K. Milligan will serve as Tippecanoe Superior 3 judge pro tem after Loretta Rush moves from that court to take her seat on the Indiana Supreme Court Nov. 7.

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Oregon verdict may have impact on Indiana Guardsmen’s KBR suits

November 5, 2012
Dave Stafford
A federal jury verdict last week awarded 12 Oregon soldiers $85 million for illnesses linked to a military contractor that knowingly exposed them to toxic chromium dust in Iraq. The result could have implications for 60 similarly situated Indiana National Guard members who are awaiting their day in court.
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Appeals court: Felon waived speedy trial, judge challenges

November 2, 2012
Dave Stafford
A man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the appeal during his jury trial or sentencing.
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Tea party radio ad opposes David’s retention; Shepard gives backing

November 2, 2012
Dave Stafford
Indianapolis Tea Party Corp. has produced a radio advertisement critical of Justice Steven David ahead of his retention vote on Tuesday.
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Common Cause, ACLU sue over Marion County judge slating

November 2, 2012
Dave Stafford
The way Marion Superior judges are elected is unconstitutional, a suit filed Thursday by Common Cause and the American Civil Liberties Union of Indiana alleges.
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Rush to join Supreme Court Nov. 7

November 1, 2012
IL Staff
Indiana’s newest justice Loretta Rush will have a private swearing in ceremony Nov. 7. Her public ceremony will be held Dec. 28. Rush is just the second woman to serve on the state Supreme Court.
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Justices suspend attorney for 3 years

November 1, 2012
IL Staff
Three Indiana justices have decided that a Boone County attorney should be suspended for at least three years because his repeated misconduct has “injured his clients” and “tarnished the reputation of the legal profession.”
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Woman did not exhaust administrative remedies before suing

November 1, 2012
Jennifer Nelson
The Indiana Court of Appeals agreed with a Marion Superior judge that the courts do not have jurisdiction over a woman’s lawsuit concerning the disconnection of her water because the woman did not exhaust all her available administrative remedies before suing.
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PCF may not present evidence to dispute injury

November 1, 2012
Jennifer Nelson
The Indiana Supreme Court ruled Wednesday that in a case involving a boy diagnosed with a mild form of cerebral palsy, the Indiana Patient’s Compensation Fund may not present evidence to dispute the existence or cause of the boy’s injury while defending his petition for excess damages from the fund.
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Indianapolis accounting firm settles with Fair Finance trustee

November 1, 2012
Kathleen McLaughlin
Somerset CPAs P.C. will pay $500,000 to settle litigation brought by the bankruptcy trustee of Fair Finance Co., the Ohio-based firm convicted financier Tim Durham used to conduct a major Ponzi scheme.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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