Legal News

Indiana AG officially joins health care suit

May 14, 2010
Michael Hoskins
Following through on a promise from more than a month ago, the Indiana Attorney General today joined a lawsuit challenging the new federal health care law passed by Congress earlier this year.
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COA affirms resisting police conviction

May 13, 2010
Jennifer Nelson
The Indiana Court of Appeals was hesitant to rely on an Indiana Supreme Court case’s definition of “forcibly resist” because that language doesn’t appear to adequately describe the meaning of the phrase as it has been recently applied.
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7th Circuit overrules itself in satellite TV case

May 13, 2010
Michael Hoskins
The 7th Circuit Court of Appeals overruled one of its own decisions from 20 years ago, finding that judges have discretion in whether penalties are imposed on those who steal encrypted television satellite signals or help others take them without paying for the service
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FBI seeks records on prosecutor's deals

May 13, 2010
Cory Schouten
The FBI is collecting records on an Elkhart real estate deal and an Indianapolis drug case, both involving Marion County Prosecutor Carl Brizzi and defense attorney Paul Page.
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Mom may be liable for daughter's accident

May 12, 2010
Jennifer Nelson
The Indiana Court of Appeals judges agreed that a mother may possibly be liable for her daughter’s accident in which she struck a pedestrian with her car after drinking and talking on her cell phone at the time of the accident. The judges didn’t completely agree as to why the mother may be liable.
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Banking attorney confirmed as federal judge

May 12, 2010
Michael Hoskins
The Hoosier legal community has its newest federal judge in the Northern District of Indiana, and now two others up for judgeships in the state’s Southern District await their votes before the full U.S. Senate
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Lawyers manage restaurants, legal work in Evansville, Fort Wayne, IndianapolisRestricted Content

May 12, 2010
Rebecca Berfanger
Usually being served by a lawyer is a bad thing. That is, unless the lawyer is offering a cool martini or a warm plate of shrimp and grits.
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Lawyer teaches safety on construction sitesRestricted Content

May 12, 2010
Michael Hoskins
On an occasional Saturday, you may find attorney John Daly teaching a workplace safety course in front of construction workers.
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Exploring e-discovery in federal courtsRestricted Content

May 12, 2010
Michael Hoskins
The first year of a federal e-discovery program is now complete in the 7th Circuit, and despite its success one clear message sets the stage for how the pilot project moves forward: More Indiana judges and attorneys need to step up and get involved.
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Judicial appointments a hot topic at 7th Circuit conferenceRestricted Content

May 12, 2010
Michael Hoskins
This year's 7th Circuit Bar Association and Judicial Conference for the 7th Circuit featured a more historic tone because of the high-profile roster of legal community leaders who attended, as well as offering tidbits about how the Indianapolis federal courthouse will soon be going green, how the state's Southern District is hoping for a new full-time magistrate, and a call to action for Hoosier judges and attorneys to get more involved in a new e-discovery program under way.
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Attorneys face health concerns head onRestricted Content

May 12, 2010
Rebecca Berfanger
It’s never easy to handle an emergency when it comes to someone’s health, on a personal or professional level. But some early planning can help, especially when it comes to knowing who will take over the workload.
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Students examine juvenile justice in U.N. reportRestricted Content

May 12, 2010
Rebecca Berfanger
For the past few years, groups of students at Indiana University School of Law – Indianapolis’ International Human Rights Law Society, with encouragement from the school’s Program in International Human Rights Law, have been working on and presenting various reports on human rights issues to experts who work for the United Nations.
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Attorney's 6th SCOTUS visit intenseRestricted Content

May 12, 2010
Michael Hoskins
A Terre Haute lawyer made his sixth argument before the nation’s highest court April 28, and he describes the hour-long experience to be the most intense of those he’s had before the Supreme Court of the United States.
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Judge G. Michael Witte named new discipline executiveRestricted Content

May 12, 2010
Michael Hoskins
If Judge G. Michael Witte hadn't tried for the appellate bench about two years ago, he might not be in the position now to be Indiana's newest chief of lawyer ethics.
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7th Circuit to rehear Second Amendment caseRestricted Content

May 12, 2010
Rebecca Berfanger
Advocates of domestic-violence victims and gun owners have their sights set on an upcoming oral argument at the 7th Circuit Court of Appeals in Chicago. The case of interest raises the issue of whether someone who has been convicted of a domestic-violence misdemeanor should be able to have a gun for hunting purposes.
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East Chicago-casino settlement up in airRestricted Content

May 12, 2010
Michael Hoskins
A Marion Superior Judge declined to immediately decide on the state's request to set aside a partial settlement in a dispute about East Chicago casino revenues.
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BREAKING: Senate confirms Jon DeGuilio for judge

May 11, 2010
Michael Hoskins
The U.S. Senate today confirmed the nomination of Jon E. DeGuilio for a judgeship on the U.S. District Court, Northern District of Indiana, according to Sen. Evan Bayh's office in Washington, D.C.
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Disciplinary attorneys: Judge experience a bonus

May 11, 2010
Michael Hoskins
Having a trial court judge as the executive leader of the Indiana Supreme Court Disciplinary Commission is a new approach for the state, but those intimately involved with attorney disciplinary matters say it could prove to be a positive change.
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No opinions for 3rd day in a row

May 11, 2010
The Indiana Court of Appeals has not had any published or unpublished opinions posted online since May 6.
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Judge returns to bench following suspension

May 11, 2010
Jennifer Nelson
The LaPorte Superior judge suspended for asking a law enforcement officer to destroy potential evidence in her accidental shooting returned to the bench today.
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Attorney reprimanded for response to harassing calls

May 11, 2010
Michael Hoskins
The Indiana Supreme Court has publicly reprimanded an Indianapolis attorney who responded to harassing phone calls and pre-recorded messages to her unlisted phone number by asking a company representative if he was “gay” or “sweet.”
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BREAKING: Supreme Court taps judge as disciplinary chief

May 10, 2010
Michael Hoskins
The Indiana Supreme Court has chosen former Dearborn Superior Judge G. Michael Witte as the newest executive secretary of the Disciplinary Commission.
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Circuit court upholds Section 8 precedent

May 10, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined today to overturn precedent on the due process rights of someone rejected from specific Section 8 housing.
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Court names special judge for Marion County case

May 10, 2010
Michael Hoskins
A Shelby Superior judge will preside over a forgery investigation case involving Marion County GOP Chairman Tom John, after the presiding judge in the state’s largest county recused himself from the matter.
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Indiana's chief justice receives award for diversity efforts

May 7, 2010
Michael Hoskins
The National Black Law Students Association has honored Indiana Chief Justice Randall T. Shepard for his trailblazing work in diversifying the legal community, largely with the creation of the Indiana Conference for Legal Education Opportunity
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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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