Legal News

7th Circuit: Colts not required to renew season tickets

June 23, 2017
Olivia Covington
An Indianapolis Colts season tickets holder did not automatically have the right to transfer ownership of his tickets from one season to the next, the 7th Circuit Court of Appeals ruled Thursday in a diversity suit against the professional football team.
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Kansas jury awards $218M to farmers in Syngenta GMO suit

June 23, 2017
 Associated Press
A Kansas federal jury awarded nearly $218 million on Friday to farmers who sued Swiss agribusiness giant Syngenta over its introduction of a genetically engineered corn seed variety.
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Justices hear arguments in case seeking bond proceeds

June 23, 2017
Olivia Covington
The justices of the Indiana Supreme Court held arguments Thursday in a case where the question is whether a man who was awarded a judgment from a defendant in a civil case will be able to collect the bond proceeds from the defendant’s unrelated criminal case.
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Probation department must reimburse offender’s fees

June 23, 2017
Olivia Covington
The Marion County probation department must reimburse an offender’s probation fees after the Indiana Court of Appeals held the trial court erred by allowing the probation department, and not the court, to impose such fees.
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Summary judgment affirmed for Conour associate in legal malpractice case

June 23, 2017
Olivia Covington
A former associate of now-disgraced Indianapolis attorney William Conour scored a victory in the Indiana Court of Appeals Friday when the court found he did not breach a duty to one of Conour’s clients who accused him of providing inaccurate or misleading information.
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Appellate court says paved asphalt can be a ‘deadly weapon’

June 23, 2017
Olivia Covington
Determining that the paved surface of a parking lot can be considered a “deadly weapon” in the context of certain cases, the Indiana Court of Appeals on Friday affirmed a man’s conviction for felony battery.
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Madison park focus of man's drug conviction appeal before Supreme Court

June 23, 2017
Olivia Covington
A man’s felony drug conviction level depends on whether the Indiana Supreme Court believes he sold drugs near a public park where children were “reasonably expected” to be.
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Supreme Court: Rules of Evidence allowed admission of gun

June 22, 2017
Olivia Covington
In a decision reaffirming the notion that the doctrine of res gestae is defunct and is not grounds for admission of evidence, the Indiana Supreme Court affirmed the admission of a gun and resulting convictions in a joint Lake County resisting law enforcement and battery trial for two defendants.
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COA remands dispute over attorney fees owed to doctor

June 22, 2017
Marilyn Odendahl
A cardiologist who was denied his request for attorney fees totaling $450,000 will get a second chance to make his argument after the Indiana Court of Appeals found the trial court abused its discretion in awarding nearly $423,000 less.
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Prosecutor’s involvement in judge’s re-election committee doesn’t require recusal

June 22, 2017
Olivia Covington
The Howard County prosecutor’s membership on a sitting judge’s re-election campaign committee did not require the judge to recuse himself in two separate cases, two panels of the Indiana Court of Appeals ruled Tuesday.
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Apple seeks to void patent claims, fees in Qualcomm dispute

June 22, 2017
 Associated Press
Apple is seeking to void some of Qualcomm's patent claims and licensing agreements, intensifying its legal battle with the chip maker over the technology in iPhones and iPads.
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SCOTUS limits ability to strip citizenship

June 22, 2017
 Associated Press
The Supreme Court of the United States on Thursday limited the government's ability to strip U.S. citizenship from immigrants for lying during the naturalization process.
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Pharmakon owner, compliance director face criminal charges

June 22, 2017
Indianapolis Business Journal
The owner and the director of compliance for Noblesville-based Pharmakon Pharmaceuticals Inc. have been charged with multiple criminal counts related to the sale of compounded painkillers that were as much as 25 times more potent than they should have been, the Department of Justice announced Thursday.
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Suspended lawyer in estate misappropriation case receives 8-year sentence

June 22, 2017
 Associated Press
A suspended Indiana attorney has been sentenced to eight years in prison in connection with the alleged misappropriation of funds from six estates totaling more than $700,000.
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Man convicted for punching officer at Elizabeth Smart event

June 21, 2017
 Associated Press
An Indiana jury has convicted an 80-year-old man of felony battery for punching a police officer who stopped him from approaching kidnapping survivor Elizabeth Smart with a knife at a January book signing.
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Man who did not knowingly waive representation to get new trial

June 21, 2017
Olivia Covington
A southern Indiana man will receive a new trial for his invasion of privacy charges after the Indiana Court of Appeals ruled Wednesday the trial court failed to advise him of the dangers of proceeding pro se.
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Court vacates union representation, citing unclear deciding vote

June 21, 2017
Olivia Covington
The regional director of the National Labor Relations Board erroneously counted a ballot in favor of union representation of a northern Indiana company and impacted the outcome of an election to determine whether the union would represent the company, the 7th Circuit Court of Appeals held Tuesday.
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Man's 72-year sentence for child molestation upheld

June 21, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s 72-year sentence for molesting his young daughter, finding the trial court did not consider identical facts at sentencing hearings on two separate charges.
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Fort Wayne TV station seeks to broadcast doctor’s sentencing hearing

June 21, 2017
Jennifer Nelson
A Fort Wayne television station has filed an appeal challenging a Huntington Circuit judge’s order denying its request to air a trial court recording of a doctor’s sentencing hearing for felony sexual battery.
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Court impermissibly entered convictions on 3 resisting law enforcement counts

June 21, 2017
Olivia Covington
An Indiana trial court should not have entered convictions against a man on three counts of resisting law enforcement stemming from a single incident, the Indiana Court of Appeals ruled in a Wednesday opinion instructing the trial court to change the man’s convictions and resentence him accordingly.
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Indianapolis tries to halt Carmel’s 96th Street roundabout

June 21, 2017
Marilyn Odendahl
Four planned roundabouts on 96th Street may have hit a roadblock with the city of Indianapolis asking a court to stop the city of Carmel from moving forward with the project.
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7th Circuit: District court properly granted extra time to move for appeal

June 21, 2017
A federal judge properly allowed the state to have an extended period of time to move for direct appeal, the 7th Circuit Court of Appeals determined Tuesday, finding a conditional writ of habeas corpus in the case provided unclear instructions on how the state was supposed to proceed.
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COA: attorney fees and litigation costs allowed in child’s wrongful death

June 20, 2017
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.
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Split COA affirms northern Indiana utility rate increase

June 20, 2017
Olivia Covington
A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.
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Treble damages upheld in stepmother’s conversion of safe deposit box funds

June 20, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
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  1. 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.

  2. 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.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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