District Courts

Federal Bar Update: Northern, Southern District courts cleaning up local rules

November 7, 2012
John Maley
Local Rule amendments are in the works in the Northern District and Southern District of Indiana, with amendments to take effect Jan. 1.
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Indianapolis attorney appointed to bankruptcy court

October 31, 2012
IL Staff
Faegre Baker Daniels LLP partner James M. Carr has been appointed to a 14-year term as U.S. Bankruptcy Judge in the U.S. District Court for the Southern District of Indiana. Carr joins the bench Jan. 1.
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Judge approves $90M for Anthem plaintiffs

October 29, 2012
Kathleen McLaughlin
A federal judge has approved the largest class-action settlement to come out of an Indianapolis court, paying $90 million to former Anthem Inc. policyholders.
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Northern District taking comments on proposed rule changes

October 26, 2012
IL Staff
Revised rules for the U.S. District Court for the Northern District of Indiana, including a new section on local patent rules, are available for review and comment on the court’s website.
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Marion Superior judge moves to bankruptcy court

October 24, 2012
Jennifer Nelson
Marion Superior Judge Robyn L. Moberly has been appointed to a 14-year term as United States Bankruptcy Judge for the U.S. District Court for the Southern District of Indiana. Chief Judge Frank Easterbrook of the 7th Circuit Court of Appeals announced the appointment Wednesday.
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Southern District judiciary comes together at ‘historic’ event to thank Lugar, Bayh

October 24, 2012
Marilyn Odendahl
Judges and judicial officers from the U.S. District Court for Southern District of Indiana came together recently to honor Sen. Richard Lugar and former Sen. Evan Bayh for their service to the federal judiciary.
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Lawyers say Conour skipped workers' comp lien payments

October 24, 2012
Dave Stafford
As damages claimed against the former attorney rise, William Conour is still without counsel as his federal trial is delayed.
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5th annual Southern District Court history symposium Nov. 16

October 18, 2012
IL Staff
7th Circuit Court of Appeals Judges John Tinder and David Hamilton – both former judges in the U.S. District Court for the Southern District of Indiana, are two of the featured speakers at the fifth annual Court History and Continuing Legal Education Symposium in the Southern District.
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Bankruptcy local rules to change Dec. 3

October 18, 2012
IL Staff
Five local rules of the U.S. Bankruptcy Court for the Southern District of Indiana will be amended effective Dec. 3.
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Bankruptcy court seeks comment on local rules

October 15, 2012
IL Staff
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on proposed changes to Local Rule B-7056-1, Motions for Summary Judgment.
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Weinberger sentenced to 84 months in prison

October 12, 2012
Dave Stafford
A judge on Friday rejected former Merrillville "nose doctor" Mark Weinberger’s request to be released from federal prison for time served and instead ordered him to spend almost another four years behind bars for fraud.
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Martin selected as U.S. magistrate judge in Hammond

October 12, 2012
IL Staff
John E. Martin will succeed Magistrate Judge Andrew P. Rodovich in the Northern District of Indiana’s Hammond Division, the court announced. Rodovich is retiring from the bench.
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Court orders BMV to hold hearing on whether felon can get ID

October 12, 2012
Jennifer Nelson
A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.
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Lady Justice gets 'green' makeover

October 10, 2012
Marilyn Odendahl
The greening – literally – of the rooftop of the Indianapolis federal courthouse is part of a $66.8 million upgrade of the building with funds coming from the American Recovery and Reinvestment Act. Work on the roof along with additional upgrades to increase the energy efficiency of the facility as well as to improve the public safety system began in December 2009 and was substantially complete on Aug. 27, 2012, according to the U.S. General Services Administration.
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Death penalty foe Foster pumps up federal defenders

October 10, 2012
Dave Stafford
Taking charge at Indiana Federal Community Defenders Inc. in the Southern District, Monica Foster's seeking, and getting, bigger caseloads.
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Weinberger seeks sentence of time served

October 8, 2012
Dave Stafford
Former Merrillville ear, nose and throat doctor Mark Weinberger on Monday asked a federal court to sentence him to time served for the 22 counts of health care fraud to which he pleaded guilty.
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Northwest Indiana officials indicted on federal charges

October 5, 2012
IL Staff
Six people in northwest Indiana, including three council members, were indicted Thursday on federal charges resulting from an investigation by the Northern District of Indiana’s Public Corruption Task Force.
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Death row inmate’s habeas petition denied

October 4, 2012
Jennifer Nelson
A federal judge in South Bend has denied a death row inmate’s request for habeas corpus, rejecting the man’s claims that he is mentally retarded and, therefore, cannot be sentenced to death.
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Conour drops attorneys, gets $15k from shrinking trust

September 27, 2012
Dave Stafford
Ex-attorney William Conour and his defense lawyers officially parted ways on Thursday. A federal judge afterward granted Conour’s request that he receive $15,000 from a $100,000 trust fund set up for compensating client victims he is accused of defrauding.
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Federal judge dismisses whistleblower suit against Rolls-Royce

September 27, 2012
Scott Olson
A federal judge in Indianapolis has dismissed a whistleblower lawsuit filed by a former Rolls-Royce Corp. engineer who accused the company of selling faulty aircraft engine parts to the government.
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Durham to be sentenced Nov. 30

September 27, 2012
IL Staff
Tim Durham and the two other men convicted of running a Ponzi scheme and taking money from investors in Ohio-based Fair Finance Co. will be sentenced Nov. 30.
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Major changes coming in bankruptcy court Oct. 1

September 26, 2012
IL Staff
The U.S. Bankruptcy Court for the Southern District of Indiana is reminding practitioners that some amendments to local rules taking effect next month “may significantly impact” bankruptcy attorney practices.
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Zoeller, senators at odds over immigration law

September 26, 2012
Dave Stafford
Indiana lawmakers seek to intervene with aid of Kansas official Kris Kobach.
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Attorney facing fraud charges dropping lawyers

September 24, 2012
Scott Olson
Lawyers for a high-profile Indianapolis attorney accused of misappropriating $4.5 million in client funds are requesting to withdraw as his defense counsel just a month before his trial date.
More

Conour's colleagues questioned behavior

September 12, 2012
Dave Stafford
William Conour, until recently, was one of Indiana’s most respected and powerful personal injury attorneys, his name prominent enough to grace a law school atrium. Now he faces a federal charge that could send him to prison for much of the rest of his life.
More
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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