Legal News

Judgment for law firm in malpractice case reversed

May 31, 2017
Dave Stafford
A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.
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Lawsuit targets local rent-to-own housing operator

May 31, 2017
IBJ Staff
An Indianapolis-based company that has purchased and rented out hundreds of houses in the city is being sued by a not-for-profit housing group and four former customers over what they are calling a “predatory and unlawful rent-to-own scheme.”
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U.S. Supreme Court: selling product exhausts patent

May 31, 2017
Marilyn Odendahl
In a decision that Zimmer Biomet and other medical device manufacturers argued will change their industry, the Supreme Court of the United States ruled Tuesday that patent holders cannot keep their patent protections after they sell their products.
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SCOTUS suspends wrong lawyer over 'mistaken identity'

May 31, 2017
 Associated Press
When the Supreme Court of the United States suspended a prominent Massachusetts lawyer and threatened him with disbarment, it started a Boston legal drama that took two weeks to resolve.
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Legal malpractice arguments focus on whether crime victim lost settlement chance

May 31, 2017
Dave Stafford
Can agency immunity cover a lawyer's failure to file a tort claim notice and lawsuit?
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Appeal: Commercial court, without notice, put worker out of job

May 31, 2017
Dave Stafford
A glass industry engineer’s challenge alleges the Indiana commercial court pilot project dockets’ specialized rules violated his due process rights.
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ABA urges ‘reasonable efforts’ to avoid cyberattacks

May 31, 2017
Olivia Covington
The ABA's Formal Ethics Opinion 477 is an updated version of a previous one handed down in 1999, when email was the primary method of electronic communication. Now, attorneys communicate with their clients in a variety of ways and with various devices, necessitating new guidance to legal professionals on how to protect their work on all platforms, the opinion said.
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Lack of statewide will procedures leaves unanswered questions about official documents

May 31, 2017
Dave Stafford
The final stop for a last will and testament in the e-filing era depends on where in Indiana an estate is opened and what the local probate court demands, at least for now.
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Student loans cause confusion, affect career choices for new lawyers

May 31, 2017
Olivia Covington
It was shortly after his 2012 graduation from George Washington University Law School when the realization hit Michael Lux hard: He had a ton of student loan debt to begin paying back to the federal government.
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137 successful on February Indiana Bar Exam

May 31, 2017
IL Staff
Indiana’s newest attorneys received advice from judges and took several oaths during an admission ceremony held May 17 at the Indiana Roof Ballroom in Indianapolis.
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Long Beach seawall dispute goes back to boards

May 30, 2017
A complaint brought by Indiana residents seeking to build seawalls along their lakefront property will not proceed after the Indiana Court of Appeals decided Tuesday the residents must first exhaust their administrative remedies before litigating their complaint.
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COA: Mom cannot show lead cause of boy’s autism

May 30, 2017
Marilyn Odendahl
A grandmother failed to convince the Indiana Court of Appeals her grandson’s developmental disabilities were caused by the lead paint in her rented house rather than by his birth mother’s use of methamphetamine.
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COA allows nurse practitioner to testify as expert

May 30, 2017
Olivia Covington
An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.
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COA: Suspended attorney’s failure to litigate attributable to client

May 30, 2017
Olivia Covington
A now-suspended attorney’s repeated failure to communicate with his client and litigate her case was a failure directly attributable to the client and, thus, made the opposing party entitled to summary judgment, the Indiana Court of Appeals ruled Tuesday.
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Court affirms weapon, drug convictions after bar incident

May 30, 2017
Dave Stafford
A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.
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Travel ban to test Supreme Court view of presidential power

May 30, 2017
 Associated Press
The U.S. Supreme Court may soon decide how courts are supposed to view presidential power in the age of Donald Trump.
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Failure to sign order sends dog dispute back to court

May 30, 2017
Marilyn Odendahl
Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.
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Appeals panel affirms termination of guardianship

May 30, 2017
Dave Stafford
The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.
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Notre Dame law clinic employee accused of embezzlement

May 30, 2017
IL Staff

An employee of the Notre Dame Clinical Law Center has been charged with 11 felony counts relating to what the St. Joseph County Prosecutor’s Office says is a seven-year-long racketeering scheme in which the university found more than $199,000 was stolen.

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Justices to hear arguments in caseload case against DCS this week

May 30, 2017
IL Staff
The Indiana Supreme Court will hear arguments this week to determine whether an employee of the Indiana Department of Child Services can bring a class-action complaint against her employer for an alleged violation of statutory caseload limits under the public standing doctrine.
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Justices consider ‘reasonable’ standard in flash bang search case

May 26, 2017
Olivia Covington
As criticism across the country continues to grow against the use of flash bang devices, a highly controversial police diversionary tool, the justices of the Indiana Supreme Court must decide whether the use of such a tool in Evansville constituted an unreasonable assault on the home.
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Ex-prosecutor faces discipline for failing to disclose false testimony

May 26, 2017
Dave Stafford
A former Porter County deputy prosecutor and a member of the Valparaiso City Council faces sanctions from the Indiana Supreme Court for allegedly withholding from the defense that an alleged victim said he had been coached to lie and had recanted allegations of sexual abuse.
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Reversal: Trial court ordered to revisit CHINS petition

May 26, 2017
Olivia Covington
An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.
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Ice Miller expanding IP practice with Philadelphia office

May 26, 2017
IL Staff
Ice Miller LLP is expanding its intellectual property practice with a new office in Philadelphia.
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California man accused of defrauding former Colt of more than $4.5M

May 26, 2017
Susan Orr, IBJ Staff
A financial adviser in California faces allegations that he defrauded a former Indianapolis Colts player out of more than $4.5 million in investments.
More
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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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