Legal News

Attorneys feel at home with virtual practices

May 18, 2016
Scott Roberts
Lawyers like Kenneth Riggins use virtual practices to reduce their overhead, while technology allows them to practice from anywhere. Many arrange to have access to office space they can use when they need it.
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Long-distance depositions

May 18, 2016
Dave Stafford
Technological advances in teleconferencing are making video depositions a more viable option to control litigation costs, but lawyers say in some cases there's no substitute for in-person questioning.
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Electronic redaction getting more attention as state court documents go online

May 18, 2016
Marilyn Odendahl
As the Indiana Supreme Court continues its effort to implement a statewide e-filing system and make more legal filings accessible online, attorneys and court staff will have to rely less on their black Sharpie Permanent Markers and more on their computer software to ensure that confidential information stays confidential.
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Rucker likely to leave Supreme Court in 2017

May 18, 2016
Dave Stafford
Justice Robert Rucker, a Gary native appointed to the court by Democratic Gov. Frank O'Bannon in 1999, will turn 70 in January. Rucker informally has informed lawyers and judges he intends to retire from the court sometime next year in order to begin a dialog among those who may consider serving on the court.
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Indiana Supreme Court establishes new committee for civil legal aid

May 17, 2016
Marilyn Odendahl
In an amendment to the Indiana Rules of Professional Conduct, the Indiana Supreme Court is revamping its response to civil legal aid.
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2 at IPS accused of not reporting sex abuse get diversion

May 17, 2016
 Associated Press
Two Indianapolis Public Schools officials charged with not immediately notifying authorities of sexual abuse allegations against a former counselor have agreed to enter pretrial diversion programs.
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New York could become 1st state to ban cat declawing

May 17, 2016
 Associated Press
New York would be the first state to ban the declawing of cats under a legislative proposal that has divided veterinarians. Advocates say the procedure is misguided and cruel.
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7th Circuit: Man not eligible for sentence reduction

May 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a prisoner is not subject to a sentencing reduction after it ruled an amendment that decreased the recommended penalties for the crimes he committed did not allow for a reduction.
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Insurer who paid wrong party doesn’t have to pay correct one

May 17, 2016
Scott Roberts

The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.

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COA: Evidence obtained during welfare check is admissible

May 17, 2016
Scott Roberts

The Indiana Court of Appeals ruled evidence from a search where police officers went into a house without a warrant to check on the children was valid evidence at trial and affirmed denial of a woman’s motion to suppress.

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Ex-lawmaker, McKinney professor want recount in Congress race

May 17, 2016
 Associated Press
A former state legislator and an IU McKinney School of Law professor wants a recount of the Democratic primary for a southwestern Indiana congressional seat.
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$60 million project to fight for 1st Amendment

May 17, 2016
 Associated Press

NEW YORK (AP) — The First Amendment is getting a new champion, with some deep pockets.

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Class of 20 is first to graduate from Indiana Tech Law School

May 16, 2016
Marilyn Odendahl
The charter class of Indiana Tech Law School participated in commencement ceremonies Saturday, marking another milestone for the Fort Wayne institution.
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Donnelly, Coats pleased nomination hearing set for Ong

May 16, 2016
Marilyn Odendahl
Indiana Senators Joe Donnelly and Dan Coats are applauding the U.S. Senate Judiciary Committee's decision to consider the nomination of Hoosier Winfield D. Ong for the federal bench.
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Appraiser has no duty of care to real estate seller

May 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.
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Justices deadlock 2-2 on transfer in two cases

May 16, 2016
Scott Roberts
The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court's list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.
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Justices give win to Internet site in false data case

May 16, 2016
 Associated Press
The Supreme Court says an Internet search site that posted false information about people can be sued only if the errors caused actual harm.
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High court sides with Ohio in debt collection dispute

May 16, 2016
 Associated Press
A unanimous Supreme Court says a pair of Ohio law firms did not use illegal tactics when they sent out debt-collection letters on stationery bearing the name of the state attorney general.
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Supreme Court avoids major ruling in birth control dispute

May 16, 2016
 Associated Press
The Supreme Court rid itself Monday of a knotty dispute between faith-based groups and the Obama administration over birth control. The court asked lower courts to take another look at the issue in a search for a compromise.
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Vanderburgh work release program takes on new direction

May 16, 2016
 Associated Press

Since July 2015 the Vanderburgh County work release program has undergone a metamorphosis under a cooperative agreement between the sheriff's office and the county's treatment courts. That is when Superior Judge Wayne Trockman and Circuit Court Judge David Kiely took over daily operations and rechristened it Therapeutic Work Release to reflect its new focus on rehabilitation.

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NCAA asks US Supreme Court to hear O’Bannon case

May 16, 2016
 Associated Press
The NCAA is asking the U.S. Supreme Court to hear the so-called O’Bannon case that successfully challenged the association's use of names, images and likenesses of college athletes without compensation.
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Housing Indy jail inmates could bring Elkhart County $2M

May 16, 2016
 Associated Press
Officials in northern Indiana say Elkhart County could bring in about $2 million a year in revenue for housing more inmates from the overcrowded Marion County Jail in Indianapolis.
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Illinois turf company disputes Westfield's lawsuit

May 13, 2016
Lindsey Erdody, IBJ Staff
The out-of-state turf company that Westfield is suing for unsatisfactory work at Grand Park Sports Campus is disputing the lawsuit, arguing the city wrongfully terminated its contract.
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COA: Lack of release advisement was harmless error

May 13, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court’s failure to advise a man of his possible release dates was harmless error and affirmed his sentence for two felonies.
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Southern District proposes mandatory pro bono

May 13, 2016
Dave Stafford
A proposed rule change would for the first time obligate lawyers to provide mandatory pro bono service to litigants in civil cases filed in the U.S. District Court for the Southern District of Indiana, the court announced Friday.
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  1. 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.

  2. 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.

  3. 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 ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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