District Courts

State appeals ruling for deaf litigant denied mediation interpreter

June 7, 2016
Dave Stafford
Indiana Attorney General Greg Zoeller’s office has appealed a federal court ruling that found a Marion County court discriminated against a deaf man in violation of the Americans with Disabilities Act when it rejected his request for an American Sign Language interpreter at a court-ordered mediation session during his child custody case.
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Republicans Zoeller, Walorski slam Trump on judge comments

June 7, 2016
 Associated Press
Two top Indiana Republicans have condemned GOP presidential nominee Donald Trump's comments about the impartiality of a Latino federal judge presiding over lawsuits involving Trump University.
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Federal judges decide themselves on conflicts of interest

June 6, 2016
 Associated Press
Donald Trump contends the federal judge presiding over a class lawsuit against Trump University has a conflict of interest and must step aside because of his "Mexican heritage." Yet nothing in federal law or codes of judicial conduct requires a judge to withdraw from a case because of his race, ethnicity, gender or other identifying criteria.
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IU challenges part of new abortion restrictions law

May 26, 2016
 Associated Press
The Indiana University board of trustees and three of the school's research officials filed a federal lawsuit Wednesday seeking to block part of the state's new abortion law that bars them from acquiring fetal tissue for scientific purposes.
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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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Handcuff injury claim against Alexandria officers proceeds

May 19, 2016
Dave Stafford
A man who claims he was injured after he asked Alexandria police not to handcuff him during a compliant arrest because he'd had recent rotator cuff surgery that limited his shoulder mobility may proceed with a federal lawsuit against the officers, a judge ruled Wednesday.
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Surgery centers sue No.1 insurer UnitedHealthcare

May 18, 2016
Dave Stafford
Several Indiana surgery centers are suing the nation's largest health insurance company, claiming it violated state and federal law by failing to pay for services the centers' doctors provided to patients. In a similar lawsuit against the insurer, a key dispute is what the word "pay" means.
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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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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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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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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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Judge awards ex-Lilly manager $500,000 after lawsuit

May 9, 2016
John Russell, IBJ Staff
A federal judge has awarded more than $500,000 to a former manager at Indianapolis-based Eli Lilly and Co. who quit for health reasons and was later dropped from the company’s extended disability plan.
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Judge blocks Bartholomew court policy barring political activity

May 9, 2016
Dave Stafford
A federal judge Friday blocked a Bartholomew County policy that broadly barred court services employees from political activity.
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Settlement conference set in bungled Evansville SWAT raid

May 6, 2016
Dave Stafford
A federal court has scheduled a settlement conference later this month in the case of an Evansville woman who sued the city after her home was violently raided by an armored phalanx of SWAT officers who found no evidence of a crime.
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St. Joe Circuit judge named as new federal magistrate

April 27, 2016
IL Staff
St. Joseph Circuit Judge Michael G. Gotsch is moving from one court to another this year. The judge, who decided not to run for re-election, has been selected to serve as a magistrate judge in the U.S. District Court for the Northern District of Indiana.
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Investiture ceremony set for Magistrate Judge Matthew Brookman

April 18, 2016
IL Staff
The investiture ceremony for the newest magistrate judge in the U.S. District Court for the Southern District of Indiana will take place this week in Evansville.
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Women allege gender, race discrimination at Salesforce

April 8, 2016
Jared Council, IBJ Staff
Two women employed in the Indianapolis offices of Salesforce.com Inc. have filed federal discrimination lawsuits against the cloud-software giant, claiming the company passed them over for promotions on multiple occasions because of their race and gender.
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Planned Parenthood files suit challenging new Indiana abortion law

April 7, 2016
Scott Roberts
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of Planned Parenthood of Indiana and Kentucky challenging the recently enacted legislation that does not allow women to get abortions if the fetus may have a disability or potential diagnosis of a disability.
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Bagel company sues gas station over trademark infringement

March 29, 2016
Scott Roberts
The Great American Bagel Enterprises Inc. has filed suit in federal court against The Great American Eagle after Great American Eagle recycled an old sign of the bagel company and used it on the front of its store.
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Southern District launches initiative to help pro se litigants

March 23, 2016
Marilyn Odendahl
In response to a series of cases remanded from the 7th Circuit Court of Appeals, the Southern District of Indiana is attempting to recruit more volunteer attorneys and, in what one observer called a “very progressive” approach, enlist medical professionals to offer expert testimony.
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Conour resentenced to 10 years, minus supervised release

March 16, 2016
Dave Stafford
A federal judge rejected ex-attorney and convicted fraudster William Conour’s bid to reduce his prison sentence Wednesday but lifted the condition of supervised release after he serves his time.
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Northern District case filings plummet, federal courts report shows

March 15, 2016
Dave Stafford
Case filings in the U.S. District Court for the Northern District of Indiana fell 43.9 percent between 2014 and 2015, according to statistics released Tuesday in the 2015 Judicial Business of the United States Courts report.
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Judge blocks Indiana's Syrian refugee order

March 1, 2016
 Associated Press
A federal judge in Indianapolis on Monday blocked Republican Gov. Mike Pence's order that barred state agencies from helping Syrian refugees resettle in Indiana, saying the governor's directive "clearly discriminates" against refugees from the war-torn country.
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Floyd County faces class action over ‘stripping’ jail inmates

February 23, 2016
Dave Stafford
Floyd County jail inmates who claim they and more than 160 inmates were sometimes forcibly stripped of their clothes and placed in padded cells with little apparent cause may pursue a class-action civil-rights lawsuit against the county, sheriff and jail staff.
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US joins Syrian refugee case against Pence

February 12, 2016
Dave Stafford
A federal judge had tough questions Friday for the lawyer representing Gov. Mike Pence as he tried to make a case for state sovereignty in attempting to block the resettlement of Syrian refugees in Indiana. Oral arguments came on the heels of the U.S. Justice Department entering the case, claiming Pence’s actions discriminated on the basis of national origin.
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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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