Legal News

Monarch loses federal challenge seeking to wholesale liquor

July 5, 2017
Jennifer Nelson
Indianapolis-based Monarch Beverage Co.’s attempt to obtain a wholesale liquor permit rests with the Indiana Supreme Court after its federal challenge to Indiana law was rejected by the 7th Circuit Court of Appeals Friday.
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Justice Department gives up Washington Redskins name fight

June 30, 2017
 Associated Press
The Justice Department is giving up the legal fight over the name of the Washington Redskins.
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Justices split in protective sweep case; reinstate COA opinion

June 30, 2017
IL Staff
The Indiana Supreme Court was evenly divided after hearing arguments in a protective sweep case as to its proper disposition, so the court has reinstated the Court of Appeals decision reversing a man’s gun conviction in the Lafayette case.
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Citizens Action Coalition sues for state records on Carrier deal

June 30, 2017
Jennifer Nelson
A complaint filed Friday in Marion County by Citizens Action Coalition alleges that the governor’s office has violated the Indiana Access to Public Records Act by not providing the grass-roots consumer group documents it wants about Vice President and former Gov. Mike Pence’s communications involving Carrier Corp. and United Technologies.
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Justices affirm teen’s 60-year sentence for assault on jogger

June 29, 2017
The Indiana Supreme Court declined to revise a teenager’s sentence for attempting to rape a woman running in Fort Wayne in 2012, finding the 60-year sentence is not inappropriate.
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Justices reverse teen’s handgun conviction

June 29, 2017
Jennifer Nelson
Finding police did not have reasonable suspicion to stop an 18-year-old male who was in a high-crime area where a shooting had occurred days earlier by a group of youths, the Indiana Supreme Court reversed his conviction of misdemeanor possession of a handgun without a license.
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Court affirms firearms conviction after warrantless search

June 29, 2017
Dave Stafford
Evidence that a felon possessed firearms was properly admitted in his criminal case even though authorities lacked a search warrant, the 7th Circuit Court of Appeals held Wednesday. Authorities relied on permission to search from the man’s live-in girlfriend who said he had sexually assaulted her daughter and placed her in fear for her safety.
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80-year sentence upheld for man convicted of killing IU student

June 29, 2017
Jennifer Nelson
The Indiana Court of Appeals declined to revise the 80-year sentence handed down by a Brown County judge for the murder of an Indiana University student two years ago.
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DCS did not have sufficient evidence for CHINS adjudication

June 29, 2017
Jennifer Nelson
The Indiana Department of Child Services failed to present any evidence that a newborn’s mother did not have stable housing or that her actions seriously endangered her child, the Indiana Court of Appeals ruled Thursday in reversing a child in need of services adjudication.
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Arkansas birth certificate ruling could impact Indiana

June 29, 2017
Marilyn Odendahl
As lesbian married couples in Indiana wait on the 7th Circuit Court of Appeals to rule whether both mothers can be listed on their children’s birth certificates, the Supreme Court of the United States may have just decided the outcome of the case.
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Supreme Court term ended much different than it began

June 28, 2017
 Associated Press
The U.S. Supreme Court began its term nine months ago with Merrick Garland nominated to the bench, Hillary Clinton favored to be the next president, and the court poised to be controlled by Democratic appointees for the first time in 50 years. Things looked very different when the justices wrapped up their work this week
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Judge charged with violating Code of Judicial Conduct

June 28, 2017
Marilyn Odendahl
A Blackford County judge has been charged with judicial misconduct related to his banning the court clerk from the county courthouse and threatening to arrest and possibly incarcerate her if she even stepped on the sidewalks surrounding the property.
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Supreme Court affirms bestiality conviction

June 28, 2017
Dave Stafford
A Muncie man’s confession that he committed bestiality was admissible in the trial court because it was supported by evidence the state introduced that provided an inference that the crime had been committed, the Indiana Supreme Court ruled.
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7th Circuit: Nightingale must defend Medicare restitution claims

June 28, 2017
Dave Stafford
A Carmel-based home health care company stripped of its certification to receive Medicare funding in Indiana will return to the district court in Indianapolis to defend against government claims seeking nearly $5 million in restitution.
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Sarah Palin sues paper for tying her PAC ad to mass shooting

June 28, 2017
 Associated Press
Former vice presidential nominee and Alaska governor Sarah Palin is accusing The New York Times of defamation over an editorial that linked one of her political action committee ads to the mass shooting that severely wounded then-Arizona Congressman Gabby Giffords.
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Legal fight over Indiana's anti-political robocall law ends

June 28, 2017
 Associated Press
A Chicago-based veterans advocacy group's seven-year struggle to strike down Indiana's ban on political robocalls has ended with the U.S. Supreme Court declining to review a lower-court ruling upholding the law.
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Crowdfunding for court costs

June 28, 2017
Dave Stafford
Social media and online fundraising campaigns are becoming new venues to finance litigation.
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Indiana Legal Services’ pilot project offers on-the-spot help to small claims defendants

June 28, 2017
Marilyn Odendahl
The Tenant Assistance Program clinic offers triage services for tenants who have eviction notices and are appearing in court that day.
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Legal service provider offers residency to law school graduates

June 28, 2017
Marilyn Odendahl
The dean of Notre Dame Law School, which participates in the program, says full-scale post-graduation training program would not be economically feasible or necessary.
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New justice known for commitment to service on and off the bench

June 28, 2017
Olivia Covington
Soon-to-be Indiana Supreme Court Justice Christopher Michael Goff isn’t a jurist who rules from the bench with little perspective on the lives of those who come before him, his colleagues say. Instead, he’s a judge who is active in his community, working alongside his neighbors to make Wabash County a better place to live.
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Bamberger merger gives Kentucky firm stronger presence in Indiana

June 27, 2017
Marilyn Odendahl
Since it was founded in 1959, the law firm of Bamberger Foreman Oswald & Hahn LLP has always had an office in the Hulman Building on Fourth Street in Evansville, but by the end of the summer, the mainstay in the local legal community will have a new name and a new location.
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Ruling in travel ban leaves myriad questions unanswered

June 27, 2017
 Associated Press
The U.S. Supreme Court's decision to partially reinstate President Donald Trump's temporary travel ban has left the effort to keep some foreigners out of the United States in a murky middle ground, with unanswered questions and possibly more litigation ahead.
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‘Taken aback’ by Eskenazi’s bid for fees, COA rules for committed man

June 27, 2017
Dave Stafford
A divided Indiana Court of Appeals struck a special condition that a man who had been subject to a mental health order of commitment not use alcohol or drugs. The court also criticized the hospital for seeking legal fees in the case from the Marion County Public Defender Agency.
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Bank’s parallel litigation in Indiana, Brazil permissible

June 27, 2017
Dave Stafford
A bank seeking to recoup millions it loaned for a businessman’s purchase of an airplane was entitled to pursue parallel litigation in federal court in Indiana and in Brazil, the 7th Circuit Court of Appeals ruled Monday.
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Pharmacy boss blamed for meningitis outbreak gets 9 years

June 27, 2017
 Associated Press
The co-owner of a pharmacy responsible for the deaths of 76 people was sentenced Monday to nine years in prison after he tearfully apologized to victims who described watching their loved ones die or enduring excruciating physical pain from a 2012 nationwide fungal meningitis outbreak caused by contaminated steroids.
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. 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.

  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.

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