Legal News

Although unlicensed in county, contractor still owed for work

May 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a contractor violated the Home Improvement Contracts Act when he misled a family into thinking he was locally licensed and voided the contract between the two. However, the court said he should still be paid for the work he did because the family would be unjustly enriched if he was not paid.
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Contract’s ambiguities win homeowners a reversal

May 31, 2016
Marilyn Odendahl
Owners of a shabbily built house will get another chance to hold their architects accountable for the construction headaches after the Indiana Court of Appeals found there are questions of material fact that should be considered.
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COA affirms child care worker’s convictions of sex with minors

May 31, 2016
Dave Stafford
A Putnam County man convicted of multiple counts of sex with minors under his care failed to convince the Indiana Court of Appeals that evidence against him was improperly admitted in his bench trial.
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Stepfather who proved paternity can’t deprive ex of joint custody

May 31, 2016
Dave Stafford
A man who fathered a child while the mother was married to another man lost his appeal Tuesday that sought relief from a court order concerning the child's custody.
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Judge: Court discriminated against deaf man by denying mediation interpreter

May 31, 2016
Dave Stafford
A deaf Indianapolis man was discriminated against when a court denied providing him an interpreter during a mediation session ordered in his child custody case. A federal judge ruled Friday that Marion Superior Court’s decision to deny the interpreter in a court-funded mediation program violated the Americans with Disabilities Act.
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7th Circuit: Probationary phone records are admissible evidence

May 31, 2016
Scott Roberts
The 7th Circuit Court of Appeals has ruled evidence of a deceased man’s phone numbers provided to his probation officer is not inadmissible hearsay and those records should be included in another man’s criminal case.
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Judge orders release of documents in Trump University suit

May 31, 2016
 Associated Press, IL Staff
A federal judge with connections to Indiana is ordering the release of Trump University internal documents in a class-action lawsuit against the now-defunct real estate school owned by presumptive Republican presidential nominee Donald Trump.
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Federal judge weighs order to halt homeless camp sweeps

May 27, 2016
 Associated Press
A federal judge is weighing whether to issue an order barring Fort Wayne from conducting periodic sweeps of the city's homeless camps.
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Indiana ministry sues zoning board over dairy farm approval

May 27, 2016
 Associated Press, IL Staff
An eastern Indiana ministry that operates a children's church camp is suing zoning officials over their approval of a large dairy farm that would be built within a half-mile of the camp.
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COA: Court cannot order juvenile to pay restitution as a civil judgment

May 27, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court may not order a juvenile to pay restitution as a civil judgment after a minor was ordered to pay restitution in two cases where he violated his probation.
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Lawyers scatter after century-old Carmel firm closes

May 27, 2016
Lindsey Erdody, IBJ Staff
A 100-year-old law firm in Hamilton County has dissolved, and a majority of its attorneys have launched new practices.
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Indiana Supreme Court deadlocks on protective order case

May 27, 2016
Scott Roberts
The Indiana Supreme Court reinstated an Indiana Court of Appeals decision in a protection order case it took on transfer after the four justices deadlocked on how to resolve the case.
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Valparaiso woman gets $200K for sexual harassment at Purdue

May 27, 2016
 Associated Press
Attorneys for a Valparaiso woman say Purdue University has paid her a $200,000 settlement after she alleged she was sexually harassed by two professors while serving as a graduate student and teaching assistant.
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7th Circuit grants en banc hearing in Indiana prison death suit

May 26, 2016
Dave Stafford
The 7th Circuit Court of Appeals set aside its ruling affirming summary judgment in favor of a medical services provider in an Indiana prison death lawsuit, ordering a review by the full panel of circuit judges.
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COA upholds adoption venue transfer

May 26, 2016
Scott Roberts
The Indiana Court of Appeals upheld transfer of an adoption petition from Greene to Monroe County Circuit Court, ruling Monroe was the preferred venue because of other cases related to the petition that also were happening there.
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COA: Man did not have expectation of privacy after he was tracked by GPS

May 26, 2016
Scott Roberts
Tracking of man by GPS did not violate his Fourth Amendment or Indiana constitutional rights, the Court of Appeals ruled, because he did not have a reasonable expectation of privacy. The appellate court upheld Joseph Sidener's Class C felony burglary conviction and the finding he is an habitual offender.
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COA rules DCS has duty to protect caller’s identity

May 26, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a 2-1 decision the Indiana Department of Child Services had a duty to protect a man’s identity after he called the DCS hotline and reported his neighbors’ children as children in need of services.
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Evansville reaches settlement over SWAT raid lawsuit

May 26, 2016
 Associated Press
The city of Evansville has reached a court settlement with a woman whose home was damaged during a SWAT raid as investigators searched for the source of online threats against police.
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7th Circuit upholds lifetime supervised release

May 25, 2016
Scott Roberts
The 7th Circuit Court of Appeals on Tuesday affirmed a federal judge’s findings and explanations were sufficient to support lifetime supervised release for 66-year-old man in poor health.
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Governor: Texas suing over Obama's transgender directive

May 25, 2016
 Associated Press
The state of Texas is suing the Obama administration over its directive to U.S. public schools to let transgender students use the bathrooms and locker rooms that match their gender identity, Gov. Greg Abbott said Wednesday.
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COA: Gun evidence lawfully obtained

May 25, 2016
Scott Roberts
In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.
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IndyCar sues organizers of canceled Boston race

May 25, 2016
 Associated Press, IBJ Staff
IndyCar has filed a breach-of-contract lawsuit against the organizers of the canceled Grand Prix of Boston, which had been planned for Labor Day weekend this year and again each year through 2020.
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IBM contests judge’s removal petition in welfare-privatization suit

May 25, 2016
Dave Stafford
The state’s petition to remove a trial court judge who oversaw the civil lawsuit over the canceled $1.3 billion contract with IBM to overhaul Indiana’s welfare system is “factually incorrect,” according to an attorney representing IBM.
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Judge faces Supreme Court removal petition in State v. IBM case

May 24, 2016
Dave Stafford
Petitions filed Monday with the Indiana Supreme Court argue a Marion County judge defied a Supreme Court order and overstepped his authority in ruling on remand that the state could prove no damages from its canceled $1.3 billion welfare-privatization contract with IBM.
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Divided COA rules karate kick is an issue of material fact

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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