Legal News

Justices strike down gender differences in citizenship law

June 12, 2017
 Associated Press
The Supreme Court of the United States on Monday struck down part of an unusual law that treats fathers and mothers differently when it comes to conferring citizenship on children born outside the U.S.
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High court ruling speeds up generic biotech drug approval

June 12, 2017
 Associated Press
A unanimous United States Supreme Court is speeding up the time for generic biotech drugs to become available to the public in a ruling that means a loss of billions in sales to the makers of original versions.
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Justices side with Microsoft in Xbox 360 class action case

June 12, 2017
 Associated Press
The Supreme Court of the United States is giving Microsoft Corp. another chance to stop a class action lawsuit filed by owners of the Xbox 360 video game system who claim the console has a design defect that scratches game discs.
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Indiana domestic violence law addresses phone plans, pets

June 12, 2017
 Associated Press
A new Indiana law taking effect July 1 aims to help those affected by domestic violence leave abusive relationships.
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COA: Lack of allocution notice demands resentencing

June 12, 2017
Dave Stafford
A divided Indiana Court of Appeals remanded a man’s sentencing because a judge failed to directly offer him a chance to speak before sentencing him, instead asking the man’s counsel, who said his client did not wish to speak.
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Holcomb picks Goff as next Indiana justice

June 12, 2017
IL Staff
Wabash Superior Judge Christopher Goff has been selected as the 110th justice of the Indiana Supreme Court, Gov. Eric Holcomb announced Monday.
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NY appeals court says chimpanzees don't have rights of people

June 9, 2017
 Associated Press
Two chimpanzees that were caged at a trailer lot and at a primate sanctuary don't have the legal rights of people in New York, an appeals court said Thursday.
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Attorneys now have online state court record access

June 9, 2017
IL Staff
Indiana lawyers can now view online public records in state trial court cases in the Odyssey case management system available through mycase.in.gov.
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Canvassers charged in fake, fraudulent voter registrations

June 9, 2017
 Associated Press
Twelve employees of a Democrat-linked group focused on mobilizing black voters in Indiana are accused of submitting fake or fraudulent voter registration applications ahead of last year’s general election to meet quotas, according to charging documents filed Friday.
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No bond for woman accused of leaking top-secret documents

June 9, 2017
 Associated Press
A federal judge in Augusta, Georgia, ordered a young woman charged with leaking classified U.S. documents to remain jailed until her trial after prosecutors argued she might possess more stolen government secrets.
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COA: Man’s actions waived right to speedy trial

June 9, 2017
Olivia Covington
An Indiana man convicted of multiple felony drug charges lost his appeal of his lack of a speedy trial because his actions, including his failure to object to a later trial date, waived his right to such a trial, the Indiana Court of Appeals ruled Friday.
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Comey's release of Trump memo to newspaper: Was it legal?

June 9, 2017
 Associated Press
When former FBI Director James Comey revealed Thursday that he orchestrated a disclosure of damaging details about his conversations with President Donald Trump, he demonstrated his savvy use of media and his skills as a Washington operator. He also kicked up a hornet's nest of questions about the legal and ethical implications of the move.
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Justices to decide whether adults can send sexually explicit images to certain teens

June 8, 2017
Olivia Covington
After oral arguments before the Indiana Supreme Court next week, the justices will decide if adults can send sexually explicit photos to 16- and 17-year-olds without breaking state law.
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7th Circuit: Retired veteran can’t sue government for distress

June 8, 2017
Olivia Covington
A retired veteran who was wrongfully deprived of incapacitation payments during his time in the reserves cannot sue the U.S. government for distress caused by that deprivation because existing caselaw prohibits servicemembers from suing the government for injuries accrued while in the military, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit affirms preliminary injunction to allow pro-marijuana rally

June 8, 2017
Olivia Covington
A pro-marijuana nonprofit organization may be able to hold a rally on the steps of the Tippecanoe County Courthouse after the 7th Circuit Court of Appeals affirmed a preliminary injunction against the county’s policy for approving courthouse events.
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Supreme Court suspends attorneys for failure to pay fees, meet CLE requirements

June 7, 2017
IL Staff
Nearly 200 attorneys licensed to practice law in Indiana have been suspended for failure to pay certain fees or meet continuing legal education requirements.
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7th Circuit: Summary judgment properly awarded to glue manufacturer

June 7, 2017
Olivia Covington
A federal judge properly awarded summary judgment to a glue manufacturer after the 7th Circuit Court of Appeals determined a man who claimed he suffered neurological issues from the glue’s fumes failed to provide expert testimony to establish causation.
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ABA looks again at bar passage

June 7, 2017
IL Staff
Although the House of Delegates rejected the proposal in February, the American Bar Association is still taking steps to tighten the bar passage requirements for law schools.
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COA affirms dismissal of manslaughter charges after police, prosecutorial misconduct

June 7, 2017
Olivia Covington
A northern Indiana man charged in connection with the shooting death of his wife will not be tried after a divided Indiana Court of Appeals ruled Wednesday that actions by state officials intentionally meant to hurt the man’s defense would make it impossible for the man to receive a fair trial.
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Bellwether Cook blood-clot-filter case heads to trial

June 7, 2017
Indianapolis Business Journal, John Russell
The lawsuits continue to pile up, dozens a month, against Cook Group from patients who say the company’s blood-clot filters malfunctioned, sometimes piercing organs and blood vessels, requiring surgeons to remove them.
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Lake County sheriff granted summary judgment in deputy sexual assault case

June 7, 2017
Olivia Covington
A northern Indiana sheriff has been cleared of liability relating to an alleged sexual assault of a Lake County resident by a sheriff’s deputy after a magistrate judge concluded the alleged victim failed to present evidence that the sheriff had a duty to her.
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Judge says part of lawsuit in Flint water crisis can proceed

June 6, 2017
 Associated Press
A judge has refused to dismiss portions of a sweeping lawsuit against state and local officials in the Flint water crisis.
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‘Sunrise CLEs’ discuss changing gender markers, avoiding copyright infringement

June 6, 2017
Olivia Covington
Though the majority of the Indiana State Bar Association’s Solo and Small Firm Conference was filled with experts in various legal fields sharing their in-depth knowledge, conference attendees also had the opportunity to learn a little bit Saturday morning during the conference’s shorter “Sunrise CLE” sessions.
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ISBA session offers tips in dealing with parents of a child with disabilities

June 6, 2017
Olivia Covington
Though judges are generally thought to be the gatekeepers of the law, in family law situations, parents may try to guard the gates of access to their children.
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Suit alleges Allen County sheriff denied vote to those in jail

June 6, 2017
Dave Stafford
Lawyers for inmates of the Allen County Jail and for the sheriff conferred in federal court Tuesday as a lawsuit proceeds alleging detainees were denied their right to vote.
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  4. 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.

  5. 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.

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