U.S. District Court for the Southern District of Indiana

Judge tosses township jurisdiction challenge in collection cases

March 22, 2013
Dave Stafford
A federal judge has ruled that Marion County collections cases need not be filed in the township where a defendant lives or a contract was signed, a key ruling regarding a practice criticized as “forum shopping.”
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Federal prosecutor opposes funds for Conour, raises concern over assets

March 21, 2013
Dave Stafford
A federal prosecutor says resigned personal injury attorney William Conour should not receive $10,000 from a court fund for living expenses. A court filing objecting to Conour’s request raises concern that he might try to liquidate assets the FBI inventoried.
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Judge says bank can pursue suit against broker

March 18, 2013
Scott Olson
The Peoples State Bank of Ellettsville can move forward with its lawsuit against broker Stifel Nicolaus & Co., which the bank claims duped it into investing $13 million in auction-rate securities just before those markets froze up.
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7th Circuit again reverses drug sentence for minor role reduction

March 13, 2013
Dave Stafford
A man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider his minor role compared with conspirators.
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Indy archdiocese can’t collect sex-abuse legal fees from insurer

March 11, 2013
Dave Stafford
An insurance company won’t have to pay the Roman Catholic Archdiocese of Indianapolis’ legal fees and costs associated with defending claims of sexual abuse.
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Judge turns away challenge to smoking ordinance

March 7, 2013
IBJ Staff
A federal judge has denied a challenge to a smoking ordinance passed last year by the Indianapolis-Marion County City-County Council.
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Settlement talks set for Don Marsh severance dispute

March 1, 2013
Scott Olson
Lawyers for Marsh Supermarkets Inc. and its former CEO are set to meet Monday in hopes of finally ending their years-long court battle in which the company already has notched a partial victory.
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Environmental groups lob new suit at I-69 work

February 28, 2013
Scott Olson
An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.
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High-priced Chicago firm handling Durham’s appeal pro bono

February 21, 2013
Scott Olson
Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.
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Decision could come soon on Don Marsh severance claim

February 18, 2013
Scott Olson
Don Marsh shouldn’t have to wait long to find out if he can collect his entire $4 million severance or whether he’ll have to return the portion he’s already received from Marsh Supermarkets Inc.
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Jury to begin deliberating in Don Marsh trial

February 15, 2013
Scott Olson
A jury is expected to begin deliberating Friday afternoon whether Don Marsh owes Marsh Supermarkets Inc. more than $3 million in personal expenses he allegedly charged the company while he was CEO.
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Witnesses: Don Marsh’s expenses never questioned

February 14, 2013
Scott Olson
Lawyers for Don Marsh continue to hammer home their claims that the former supermarket CEO's expenses for lavish travel were widely accepted as normal business costs.
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David Marsh defends trips he took at company's expense

February 13, 2013
Scott Olson
Don Marsh's son David, who served under his father as president of Marsh Supermarkets Inc, traveled widely, often on the company jet, just as his father did.
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Sun Capital execs 'shocked' by Marsh financials

February 12, 2013
Scott Olson
Any feelings of satisfaction that executives of Sun Capital Partners had after completing its acquisition of Marsh Supermarkets Inc. quickly turned to “shock and surprise,” a managing director of the private-equity firm told jurors Tuesday.
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Marsh pilot says he flew former CEO to see mistresses

February 11, 2013
Scott Olson
Don Marsh’s personal pilot told jurors Monday morning that he ferried the former CEO of Marsh Supermarkets Inc. to New York City at least twice a month in a year’s span to visit one of his mistresses.
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Former Marsh CFO sought out bankruptcy lawyers

February 8, 2013
Scott Olson
A former top executive of Marsh Supermarkets Inc. became so concerned about the company’s deteriorating finances less than a decade ago that he took the desperate step of meeting with bankruptcy lawyers.
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Marsh defense: Travel was integral to company success

February 7, 2013
Scott Olson
Without membership in certain international business organizations, Don Marsh says he could not have built his grocery chain into a billion-dollar company.
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Federal court to stage Underground Railroad event for Black History month

February 6, 2013
IL Staff
The U.S. District Court for the Southern District of Indiana will celebrate Black History Month with the presentation “Escape of Caroline,” based on a true story of the Underground Railroad.
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Marsh: Company code of conduct didn’t apply to him

February 6, 2013
Scott Olson
Don Marsh continued to use the company jet for personal reasons even after Marsh Supermarkets Inc. adopted a code of conduct to discourage financial fraud within the company, a lawyer for the supermarket chain alleged Wednesday morning in an Indianapolis courtroom.
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Jury selected in Marsh civil trial

February 4, 2013
Dan Human
Don Marsh will have a lot of explaining to do about millions of dollars in expenses he charged to Marsh Supermarkets during a two-week civil trial that got underway Monday morning.
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Conour fraud trial set for September

January 25, 2013
Scott Olson
A federal judge Friday morning set a new trial date of Sept. 9 for an Indianapolis high-profile lawyer accused of misappropriating millions in client funds.
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U.S. Attorney’s Office creates civil rights task force

January 22, 2013
Jennifer Nelson
The U.S. Attorney’s Office in the Southern District of Indiana has created the first Indiana-based initiative in the district to increase and improve local efforts in protecting residents’ civil rights.
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Sequestration would deepen staff cuts, chief judges warn

January 16, 2013
Dave Stafford
Federal courts that have squeezed staff as budgets shrank could be forced to furlough employees if Congress fails to avoid mandatory budget cuts that now are slated to take effect in March.
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Ruling: DOC 'indifferent' to mentally ill inmates

January 16, 2013
Dave Stafford
The opinion from the U.S. District Court in the Southern District of Indiana fits the national trend against isolation policy for these inmates.
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Federal Bar Update: Southern District of Indiana adopts rule amendments

January 16, 2013
John Maley
The Southern District has amended several Local Rules. These were approved in late December and took effect Jan. 1.
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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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