Legal News

Judge sues prosecutor for intimidation, retribution

August 23, 2010
Jennifer Nelson
A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.
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IL is seeking local bar association news

August 23, 2010
In an effort to include more news from specialty and county bars around the state, Indiana Lawyer has started a section in the print and online editions called Bar Crawl.

If you or your bar association would like to submit a news item or photo to Indiana Lawyer, such as a notice regarding an election of new officers, an event, pro bono efforts, awards your bar association has presented to its members, or anything else you’d like to share with Indiana’s legal community, please contact reporter Rebecca Berfanger, rberfanger@ibj.com. If you’d like to post an announcement that is time sensitive, please submit it at least two weeks in advance of the issue date.
 

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Court OKs class certification in Conseco securities-fraud case

August 20, 2010
Michael Hoskins
In a securities-fraud case involving the Carmel-based financial and life insurance services company Conseco, a 7th Circuit Court of Appeals panel has refused to significantly alter the class certification rules and throw out the long-established fraud-on-the-market doctrine.
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7th Circuit upholds Indiana judicial canons

August 20, 2010
Michael Hoskins, Michael Hoskins
A three-judge federal appellate panel says that Indiana’s judicial canons are not unconstitutionally restrictive of free speech and should stand.
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COA addresses inverse condemnation issues

August 20, 2010
Elizabeth Brockett
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding fraudulent concealment and the statute of limitations.
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Professor to study India's legal system

August 20, 2010
Rebecca Berfanger
Over the next three years, a professor at an Indiana law school will be working on a study of India’s trial courts as part of a $261,000 grant from the Ford Foundation to a non-governmental association based in India.
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COA: attorney's statement binding

August 19, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against the company and that admission is binding.
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AG encourages whistleblower lawsuits to fight fraud

August 19, 2010
The Indiana Attorney General's Office wants health care and pharmaceutical industry workers to know that they have the ability to file lawsuits and get protection as whistleblowers, and that could mean getting a portion of any settlement or damages that results from the suit.
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Federal identity theft statute includes use of deceased's identity

August 18, 2010
Jennifer Nelson
A person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.
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COA panels divided on attorney's fees under AWDA

August 18, 2010
Jennifer Nelson
Nearly a month after an Indiana Court of Appeals panel ruled attorney's fees aren’t recoverable under the Adult Wrongful Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
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20 years of rights under the ADA

August 18, 2010
Rebecca Berfanger
While many people might take it for granted that accessibility for all people is now commonplace and that it is illegal to discriminate against an employee based on a disability, the Americans with Disabilities Act was signed only 20 years ago.
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Attorneys general at the state fair

August 18, 2010
Rebecca Berfanger
While some things are new this year at the Indiana State Fair, one that most fairgoers will likely not even notice is the recently enhanced partnership between the state attorney general’s office and the state fair.
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Safety vs. free speechRestricted Content

August 18, 2010
Michael Hoskins
In her 15 years on both the state and federal benches, Judge Jane Magnus-Stinson has had only one time when she’s feared for her safety inside her courtroom.
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Baker & Daniels hosts pro bono mediations

August 18, 2010
Rebecca Berfanger
As a way to help judges and parties in paternity court in Marion County, an Indianapolis law firm recently offered conference rooms and support staff for a day of pro bono mediation in its offices, something firm members say they hope other law firms will consider if they have the available space.
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Indiana tunes in to national issues in federal courtsRestricted Content

August 18, 2010
Michael Hoskins
What happens in Indiana regarding illegal immigration, same-sex marriage, and health-care reform may hinge on what happens with litigation playing out in the nation’s appellate courts.
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'Virtual' office reflects broader changes in practice of lawRestricted Content

August 18, 2010
Michael Hoskins
Bricks and mortar aren’t what the practice of law is about for attorney Brian Powers. So, he does without them in the traditional sense.
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Social media presents fine line

August 18, 2010
Rebecca Berfanger
As social media is becoming more accepted as a way for professionals to network and promote business, some attorneys are slowly getting their feet wet, while others have decided to dive in head first.
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Marion Superior courts, prosecutor's office see assignment changesRestricted Content

August 18, 2010
Michael Hoskins
Marion County has a new judge, and that’s created the latest round of musical chairs for the Superior Court and prosecutor’s office.
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Court official named to national leadership roles

August 18, 2010
IL Staff
Lilia G. Judson, executive director of Indiana Supreme Court Division of State Court Administration, has two new leadership roles involving the National Center for State Courts.
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Indiana's tax judge to retire

August 18, 2010
Michael Hoskins
When comparing his past two jobs, Judge Thomas G. Fisher admits that he finds stories from his prosecutor days more interesting than those in the past quarter century when he’s presided over the state’s appellate tax court.
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Judge Magnus-Stinson receives her robe

August 18, 2010
IL Staff
U.S. District Judge Jane Magnus-Stinson takes her official oath.
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Class action suit challenges voter-removal statute

August 17, 2010
Michael Hoskins
State officials are prohibiting people convicted and incarcerated for misdemeanor offenses from voting while they are behind bars, but that could change if a federal suit is successful.
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IBA creates PAC option for judicial campaign donors

August 17, 2010
Michael Hoskins
After a landmark ruling from the nation’s highest court, the Indianapolis Bar Association has adopted an alternative to direct judicial campaign contributions for those interested in donating to candidates vying for the Marion County bench.
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Deadline set for Tax Court judge applications

August 17, 2010
Michael Hoskins
Anyone interested in being the next Indiana Tax Court judge has just about a month to apply for that position.
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Court upholds judgment in legal malpractice suit

August 16, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although the judges didn’t agree on the professional obligations of the firm based on its contract.
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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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