Legal News

COA holds that arbitration exclusion applies to State Farm case

December 27, 2016
Olivia Covington
The Indiana Court of Appeals affirmed summary judgment in favor of State Farm Insurance Tuesday, writing that the appellants in the case could not compel arbitration due to an exception in the arbitration agreement it signed with the insurance company.
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Summary judgment in favor of New Castle prison employees reversed

December 27, 2016
Olivia Covington
An Indiana inmate can continue his case against prison officials he said prohibited him from bringing his case before the U.S. Supreme Court after the Indiana Court of Appeals decided Tuesday that summary judgment in favor of the officials was erroneous.
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COA: Stage collapses not foreseeable as a matter of law

December 27, 2016
Olivia Covington
The company hired to provide security to country duo Sugarland on the night of the deadly stage collapse at the 2011 Indiana State Fair could not have reasonably foreseen the stage collapse as a matter of law and, thus, is entitled to summary judgment, the Indiana Court of Appeals held Tuesday.
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East Chicago residents face opposition to intervene in court

December 27, 2016
 Associated Press
Federal officials say court proceedings aren't the proper place for residents of an East Chicago neighborhood that's contaminated with lead and arsenic to voice their concerns.
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AG releases report, recommendations on human trafficking in Indiana

December 22, 2016
Olivia Covington
In 2016, there were at least 178 known cases of human trafficking in Indiana, with some of the victims as young as only 7 years old.
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Delinquency adjudication upheld for student who planned a school shooting

December 22, 2016
Olivia Covington
A Jackson County teenager who plotted a school shooting with a classmate will retain his delinquency adjudication after the Indiana Court of Appeals found Thursday that the trial court did not abuse its discretion in admitting Facebook conversations detailing the shooting plans.
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Conour seeks reconsideration of wire-fraud sentence

December 22, 2016
Dave Stafford
Convicted fraudster and former attorney William Conour is arguing that a case decided earlier this year entitles him to an appeal of his entire 10-year sentence for defrauding clients of more than $6.5 million.
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Environmental crime most common among organizational offenders

December 22, 2016
IL Staff
Organizations charged with federal criminal offenses most commonly were accused of environmental offenses, the United States Courts announced Thursday, citing a report published by the United States Sentencing Commission.
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Divide stops effort to repeal North Carolina LGBT law

December 22, 2016
 Associated Press
A supposedly bipartisan deal to repeal North Carolina's anti-LGBT law collapsed when both sides balked and started blaming each other, likely meaning their state will keep being shunned by corporations, entertainers and high-profile sporting events.
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Jury urges death for sex offender who killed 4 women

December 22, 2016
 Associated Press
Jurors in Santa Ana, California, on Wednesday recommended the death penalty for a sex offender who abducted and killed four women over six months while wearing an electronic monitoring device.
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Ikea OKs tentative settlement in fatal dresser tip over

December 22, 2016
 Associated Press
Ikea, the leading Swedish home furnishings retailer, says a tentative settlement has been reached in the case involving three families in the United States whose children died after Ikea chests and dressers tipped over.
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ABA lawsuit targets changes to loan forgiveness program

December 21, 2016
IL Staff
Public sector attorneys hoping to have some of their student loans erased could find out they owe more money than they previously thought.
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7th Circuit affirms health care fraud, firearms convictions

December 21, 2016
Olivia Covington
The 7th Circuit Court of Appeals affirmed a man’s firearms and fraud convictions Wednesday, rejecting each of the former counselor’s arguments against his attorney and the district court judge.
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COA reverses termination of parental rights, finds DCS exhibited ‘troubling behavior’

December 21, 2016
Olivia Covington
The Indiana Court of Appeals reversed Wednesday a decision terminating a mother and father’s parental relationships with their son, writing that the Department of Child Services had exhibited an “extraordinarily troubling pattern of behavior.”
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Man remains on sex offender list, but residency restrictions not applicable

December 21, 2016
Olivia Covington
A Dearborn County man will have to keep his name on the Indiana Sex Offender Registry for the rest of his life but will not face certain residency restrictions after the Indiana Court of Appeals affirmed in part the denial of his petition for relief.
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Search of man’s mouth ruled unconstitutional

December 21, 2016
Marilyn Odendahl
The Indiana Court of Appeals has overturned a man’s conviction, ruling the drugs found in his mouth should be excluded under the “fruit of the poisonous tree doctrine.”
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COA affirms ruling for lender in Shelbyville low-income housing dispute

December 21, 2016
Dave Stafford
A general partner developing Shelbyville low-income apartments lost its appeal of rulings that it misappropriated or was in breach of nearly $2.75 million guaranteed for the project and that it should be liable for the lenders’ legal fees of more than $385,000.
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Shirley gets maximum 50 years in Indianapolis house blast

December 20, 2016
 Associated Press
A woman who was one of five people charged in a deadly Indianapolis house explosion has been sentenced to 50 years in prison.
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Attorney resigns amid misconduct allegations

December 20, 2016
IL Staff
A Greenwood attorney has resigned from the Indiana bar after facing an investigation by the Indiana Supreme Court Disciplinary Commission.
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Tax Court: Orbitz doesn’t have to pay additional sales, innkeeper’s taxes

December 20, 2016
Olivia Covington
A popular travel and booking website will not have to pay the state more than $200,000 in back taxes after the Indiana Tax Court held that the website is not considered a retail merchant.
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COA upholds battery conviction for altercation outside bar

December 20, 2016
Olivia Covington
The Indiana Court of Appeals upheld a man’s battery conviction Tuesday after finding that he failed to prove any abuse of the Delaware Circuit Court’s discretion.
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3 Pulse families sue social media, alleging aid for IS

December 20, 2016
 Associated Press
Families of three patrons killed in the Orlando nightclub massacre are suing Facebook, Google and Twitter, claiming the gunman who killed their loved ones was radicalized through propaganda found through social media.
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Trump University settlement filed for judge's review

December 20, 2016
 Associated Press
Lawyers for Donald Trump and former students of his now-defunct Trump University filed an agreement in court to settle lawsuits alleging that the president-elect defrauded them, signaling that a deal announced last month remains on track for a judge's approval next year.
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Pot-legalization group wins injunction against Tippecanoe County rally ban

December 20, 2016
Dave Stafford
A group advocating the legalization of marijuana that was denied permission to hold a rally at the courthouse in Lafayette won an injunction against the county in federal court.
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Lawsuit throws spotlight on chaos surrounding Anderson cardiology practice

December 20, 2016
John Russell, IBJ Staff
A cardiologist fired after hospital officials accused him of overcoding and violating medical standards said the grounds for firing were untrue and unfair, and he fought them in court for more than four years. He sued St. Vincent Health for breach of contract and won more than $1.6 million from a jury.
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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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