Legal News

Insurer off hook in Indy strip club shooting

August 12, 2015
Dave Stafford
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
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Concerns with supervised release conditions

August 12, 2015
James Bell, K. Michael Gaerte
The 7th Circuit has issued a series of additional opinions, shedding more light on the goals, scope and limitations of conditional release.
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Start Page: Scanning solutions

August 12, 2015
Seth Wilson
Mobile device scanning doesn’t take long to learn and helps when you wish you had a copy machine nearby.
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DTCI: Use of multidistrict litigation continues to rise

August 12, 2015
Christopher Lee
The Judicial Panel on Multidistrict Litigation is charged with creating new MDLs by consolidating related cases pending in federal courts, transferring new cases to existing MDLs, and remanding old cases to their transferor courts once the transferee courts have completed their work.
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Lawyer do's and don'ts on social media

August 12, 2015
Dave Stafford
Lawyers who are LinkedIn and friendly with Facebook face heightened scrutiny of their social media content.
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Paralegal registry seen as benefit for legal community

August 12, 2015
Marilyn Odendahl
After nearly two decades of effort, Indiana has joined a growing list of states that are offering paralegals a certification that enables them to distinguish themselves in a field that has few mandatory requirements.
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Today’s battle over streaming and videos

August 12, 2015
Craig Pinkus
Copyright protection is recognized in the Constitution, and the Act preempts all state laws creating the same or equivalent rights. But it doesn’t preempt protection for recordings made before 1972 under state statutes or common law until 2067.
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Rush to highlight e-filing in Hamilton County

August 11, 2015
IL Staff
Indiana Chief Justice Loretta Rush will meet with Hamilton County court staff, clerks, judges and attorneys Wednesday morning to congratulate them on being the first county to implement e-filing as part of a statewide measure.
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Class-action members did not show illnesses were caused by same meals

August 11, 2015
Marilyn Odendahl
Although several Alpha Kappa Alpha Sorority Inc. members who visited Indianapolis in 2013 all reported symptoms much like those caused by food poisoning, the Indiana Court of Appeals denied class certification, ruling the individuals did not specifically link their illnesses to the chicken served at lunch and dinner.
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Indiana man wins $3 million wrongful conviction settlement

August 11, 2015
Dave Stafford
A man who spent more than three years in prison after he was wrongly convicted of breaking into Frankton High School and setting it on fire will receive one of the largest wrongful conviction settlements ever in Indiana, his attorneys announced Tuesday.
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Trial court erred in denying dad custody vs. contemptuous mom

August 11, 2015
Dave Stafford
The Indiana Court of Appeals bluntly reversed denial of a father’s petition for primary custody of his children, finding their mother undermined him and deprived him of court-ordered visitation.
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Officer’s ‘Where’s the gun?’ question properly admitted in shooter’s trial

August 11, 2015
Dave Stafford
A suspect who fled the scene of a Lafayette shooting and later was found with ammunition in his shirt pocket was not prejudiced when a police officer asked, “Where’s the gun?”
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Appeal raises ire of 7th Circuit

August 10, 2015
Marilyn Odendahl
A southern Indiana couple who tried to stop the sale of their property to satisfy delinquent state and federal taxes was unsuccessful. The 7th Circuit Court of Appeals described the merits of their appeal as “feeble.&rdquo
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Eli Lilly wins first trial over antidepressant ‘brain zaps’

August 10, 2015
 Bloomberg News
Eli Lilly and Co. isn’t liable for withdrawal symptoms including so-called brain zaps experienced by a woman after she quit the antidepressant Cymbalta, a federal jury said.
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Judge cuts amount diocese must pay ex-teacher to $403,608

August 10, 2015
 Associated Press
A federal judge in Fort Wayne has reduced to $403,608 the amount a Roman Catholic diocese must pay a former northern Indiana teacher who was fired after undergoing fertilization treatment.
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Feds detail why they want Armstrong medical records

August 10, 2015
 Associated Press
The federal government says it wants Lance Armstrong’s medical records from his 1996 cancer treatments because they could prove just how far he was willing to go to conceal performance-enhancing drug use from the public and his sponsors.
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7th Circuit rejects Indiana appeal of EPA ruling

August 10, 2015
Dave Stafford
Indiana had standing to appeal EPA approval of a change in how Illinois monitors for auto emissions, but the state failed to show the Environmental Protection Agency’s decision was arbitrary and capricious, the 7th Circuit Court of Appeals ruled Friday.
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Letter to victim’s mother supports lesser misdemeanor charge

August 7, 2015
Marilyn Odendahl
A defendant’s rambling letter to a victim’s mother was not enough to uphold his convictions for attempted obstruction of justice and invasion of privacy, but it was sufficient to support a lesser charge.
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Pawnshop owner not victim of prosecutorial misconduct

August 7, 2015
Marilyn Odendahl
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
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Indiana county's courthouse tower tree gets checkup

August 7, 2015
 Associated Press
Checking on the health of a tree growing from the courthouse clock tower in southeastern Indiana's Decatur County was among the reasons crews dangled from a crane to inspect the 154-year-old building in Greensburg this week.
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Sex offender wins right to view legal adult porn

August 7, 2015
Dave Stafford
A man convicted for obscene webcam conduct shared with someone posing as a 13-year-old girl nearly a decade ago may view legal pornography, the 7th Circuit Court of Appeals ruled in a three-way opinion Thursday.
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Guilty plea stands despite ineligibility for habitual charge

August 7, 2015
Marilyn Odendahl
Although a man was wrongly charged as a habitual substance offender, the Indiana Court of Appeals determined the facts do not support his claim that his counsel was ineffective and he did not knowingly enter a guilty plea.
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Indiana medical company sued over data breach

August 7, 2015
 Associated Press
Two lawsuits have been filed in federal court in Fort Wayne seeking class-action status on behalf of patients who have had their data compromised by Medical Informatics Engineering.
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Reversal: VORP cannot be ordered in sentence

August 7, 2015
Dave Stafford
The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.
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Hamilton Southeastern Utilities gets partial Tax Court win

August 7, 2015
Dave Stafford
The sewer utility serving fast-growing Fishers won a partial victory on its appeal of a tax on connection fees, but the Indiana Tax Court didn’t fully rule in favor of Hamilton Southeastern Utilities.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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