Legal News

Anthem workers target high 401(k) fees

January 7, 2016
 Bloomberg News
Anthem Inc.’s retirement plan is accused in a lawsuit of forcing about 60,000 workers and retirees to pay excessive fees by having to invest in Vanguard Group funds billed as low-cost options.
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Appeals court hears injured worker's bid for lost earnings

January 7, 2016
 Associated Press
An attorney for a Mexican man who's seeking lost future earnings for a workplace back injury told the Indiana Court of Appeals on Wednesday that his client should be allowed to pursue those wages at U.S. pay rates instead of rates in his home country.
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Suit filed against Allen County over public defender system

January 6, 2016
 Associated Press
A second county in Indiana is facing a federal lawsuit claiming that its public defender system violates indigent defendants' rights to adequate legal defense.
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Gotsch will not seek third term as St. Joe Circuit judge

January 6, 2016
IL Staff
St. Joseph Circuit Judge Michael G. Gotsch announced Tuesday that he will not seek election for a third term in 2016.
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2015 record-breaking year for law firm combinations

January 6, 2016
IL Staff
The 91 law firm combinations announced in the United States last year is the highest annual total recorded by Altman Weil MergerLine, which has been compiling this data for nine years.
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Northern Indiana woman gets probation for home explosion

January 6, 2016
 Associated Press
A northern Indiana woman whom authorities say caused an explosion that heavily damaged her house has been sentenced to nine years on probation after pleading guilty but mentally ill to three counts of arson resulting in bodily injury.
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Allen County seeking magistrate for misdemeanor and traffic division

January 6, 2016
IL Staff
Allen Superior Court’s Criminal Division is now accepting applications for an upcoming magistrate vacancy to be created after the retirement of Magistrate Judge Robert Ross.
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Man’s federal claims against Noblesville police fail

January 5, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court ruling granting summary judgment in favor of law enforcement officers on a man’s claims alleging false arrest and excessive force.
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Sentence modification considered for brothers in 1996 murder

January 5, 2016
 Associated Press
A central Indiana judge has indicated he will consider modified sentences for two brothers serving 55 years in prison after pleading guilty to murder in 1997.
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Indiana judicial branch revamping mycase.in.gov

January 4, 2016
IL Staff
This month, the mycase.in.gov website, the public access site for Odyssey Case Management System for Indiana courts and clerks, will get an improved design for mobile users and new features.
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Vaping industry sues state over new regulations

January 4, 2016
Scott Olson, IBJ Staff
The advocacy group that represents Indiana’s vaping and electronic cigarette industry is suing the state, claiming new safety regulations are unconstitutional.
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New York raises stakes in daily fantasy sports sites battle

January 4, 2016
 Bloomberg News, IL Staff
The new year brings no sign of letup in the battle between New York Attorney General Eric Schneiderman and daily fantasy sites DraftKings Inc. and FanDuel Inc.
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Family keeping up fight against Indiana malpractice cap

January 4, 2016
 Associated Press
An Evansville couple is keeping up a decadelong legal fight over their claims of medical malpractice in their daughter's birth that left her a quadriplegic and unable to speak.
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COA affirms foreclosure of Crown Point property

December 31, 2015
Jennifer Nelson
A trial court was correct in granting a bank’s request to foreclose on a Crown Point, Indiana, business park, the Court of Appeals held Thursday.
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COA finds fired highway worker was at-will employee

December 31, 2015
Marilyn Odendahl
Echoing precedent, the Indiana Court of Appeals has found that an employee handbook is not an employment contract.
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Amendment to new criminal code foils attempt for sentence modification

December 31, 2015
Marilyn Odendahl
A Vanderburgh County man hoping to benefit from Indiana’s overhaul of its criminal codes was instead reminded to read state statutes very carefully.
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Council resolution did not waive requirements for tax deduction

December 31, 2015
The Indiana Board of Tax Review’s final determination that the city of Bluffton’s Common Council waived a company’s compliance with certain statutory requirements for its 2013 personal property tax abatement deduction is contrary to law, Indiana Tax Judge Martha Wentworth ruled Thursday.
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Southern District rule amendments effective Jan. 1

December 31, 2015
IL Staff
Changes to local rules of the U.S. District Court for the Southern District of Indiana take effect Friday and include changes to filing and maintaining documents under seal.
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COA affirms weapon charge after suspicious person call

December 31, 2015
Dave Stafford
A man convicted of Level 5 felony carrying a handgun without a license failed to convince the Indiana Court of Appeals his Fourth Amendment rights were violated when the weapon was seized from him as he walked down a country road.
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Injured moped driver entitled to new trial

December 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a jury ruling in favor of a motorcyclist who collided with a moped driver trying to seek shelter before a rainstorm and ordered a new trial.
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Trucker’s widow entitled to prejudgment interest, COA decides

December 31, 2015
Dave Stafford
The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.
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COA affirms judgment for law firm on malpractice claim

December 31, 2015
Dave Stafford
A law firm was properly granted summary judgment on a malpractice counter-complaint a bankruptcy client filed after the firm sued for nonpayment of legal fees.
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COA re-enters molestation conviction, rejects evidence challenge

December 31, 2015
Dave Stafford
A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.
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Majority: Expungement applies to civil forfeiture action

December 31, 2015
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals was divided Thursday over whether a man’s civil forfeiture action that stemmed from a drug bust should have been expunged in addition to his criminal record in the matter.
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COA: Doctor had duty to nurse practitioner’s patient who died

December 31, 2015
Jennifer Nelson
An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.
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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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