State agencies

Tax Court grants partial reimbursement on discovery enforcement motions

February 16, 2017
Olivia Covington
The Indiana Tax Court has awarded reimbursement fees to both the University of Phoenix Inc. and the Indiana Department of State Revenue after finding that the two entities were entitled to reimbursement on some, though not all, of the discovery enforcement motions filed in their litigation.
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Lawyers who sought to destroy stored newborn samples vow to keep up fight

February 8, 2017
Dave Stafford
The Indiana State Department of Health says it holds 2.2 million records on paper and in database regarding the newborn blood samples.
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Tax court judge rejects request to compel further discovery

February 6, 2017
Olivia Covington
After previously allowing the deposition of the former commissioner of the Indiana Department of State Revenue, the Indiana Tax Court rejected the University of Phoenix’s requests to compel further discovery, writing that the additional discovery likely would not reveal admissible evidence.
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COA: Trial court lacked jurisdiction to order BMV to act

January 23, 2017
Olivia Covington
The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.
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Divided COA: Man can't use RFRA to avoid taxes

January 13, 2017
Olivia Covington
A divided Indiana Court of Appeals ruled Friday that a Marion County man cannot avoid paying income taxes using a religious freedom defense, with the majority writing that the controversial Religious Freedom Restoration Act allows for the collection of taxes in the furtherance of a compelling government interest.
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Indiana health commissioner: Needle exchanges a success

January 12, 2017
 Associated Press
Indiana's health commissioner told lawmakers needle exchanges were effective in combating the state's worst-ever HIV outbreak.
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COA upholds dismissal of fired DOT employee’s untimely petition for review

December 29, 2016
Jennifer Nelson
A former employee of the Indiana Department of Transportation, who was fired in 2013, untimely filed his petition for judicial review after he was unsuccessful in his administrative appeals and the trial court correctly dismissed his petition, the Indiana Court of Appeals affirmed Thursday.
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Critics decry Pence team for letting state fair stage collapse rule expire

December 28, 2016
Hayleigh Colombo, IBJ Staff
The Pence administration has let expire the emergency rule put in place after the 2011 Indiana State Fair stage collapse that left seven people dead and dozens injured.
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COA: Case for relief against INDOT may continue

December 16, 2016
Olivia Covington
The Indiana Court of Appeals allowed a local government entity to continue seeking relief against the Indiana Department of Transportation Friday, holding that the local unit of government had standing to seek both injunctive and declaratory relief.
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COA affirms dismissal of case due to res judicata

December 2, 2016
Olivia Covington
Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.
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High court takes alcohol wholesaler case

November 28, 2016
Olivia Covington
The Indiana Supreme Court has agreed to hear a case that could decide whether beer and wine wholesalers can also be legally permitted to sell liquor in Indiana.
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Tax Court allows University of Phoenix to depose former revenue commissioner

November 28, 2016
Olivia Covington
The University of Phoenix Inc. can depose the former commissioner of the Indiana Department of State Revenue in a case related to the school’s income taxes after the Indiana Tax Court found that the former commissioner did not warrant a protective order to prevent him from testifying.
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COA panel takes oral arguments to Notre Dame

November 1, 2016
IL Staff
A panel of the Indiana Court of Appeals will hear oral arguments Wednesday at the University of Notre Dame Law School.
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AG files for emergency stay in case against beer wholesaler

November 1, 2016
IL Staff
The state is fighting a court order that would require it to grant a wholesaler permit to Spirited Sales LLC, a company affiliated with Monarch Beverage that wants to sell liquor.
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Indiana official clarifies voter registration fraud probe

October 20, 2016
 Associated Press
After initially warning of potential widespread voting fraud, Indiana's secretary of state has acknowledged that many of the thousands of altered registration records she flagged might just be residents rushing to correct their names or birth dates ahead of the election.
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Secretary of State: Altered voter registrations raise concerns

October 19, 2016
 Associated Press
Thousands of voter registrations were altered, raising concerns about possible fraud, says Indiana's chief elections official, whose office warned voters to check whether their information is correct online and encouraged voting early to avoid problems on Election Day.
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Legislative group delays action on ALJ panels to retain subject-matter expertise

October 19, 2016
Dave Stafford
Perceived bias of administrative law judges in favor of the state agencies for which they adjudicate disputes has led to calls for Indiana to join 30 other states that have moved to central panels of ALJs to give them more independence. But that won’t happen anytime soon, a General Assembly study committee decided.
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COA prevents INDOT from seeking more than $100k in damages after bridge accident

October 18, 2016
Olivia Covington
The Indiana Court of Appeals has affirmed the denial of summary judgment for the Indiana Department of Transportation after the department had argued that it should be allowed to seek the more than $100,000 it spent to repair a state bridge damaged in an accident, an amount that was double the estimated cost.
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Monarch affiliate gets OK to sell liquor after judge denies stay

September 29, 2016
Hayleigh Colombo, IBJ Staff
The Indiana Alcohol and Tobacco Commission granted Spirited a temporary permit to sell liquor on a wholesale basis this week after a Marion County Special Court judge denied the state of Indiana’s request for a stay on an August ruling that found the state agency was “arbitrary and capricious” in its decision to deny the company a liquor wholesaling permit back in 2014.
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115-year-old Indiana campground closing amid state lawsuit

September 28, 2016
 Associated Press
A central Indiana campground that's been operating for more than a century is closing its gates amid a state lawsuit.
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Lawyers blast bias in ALJ system; urge technical adjudicators remain

September 22, 2016
Dave Stafford
Lawyers who practice before Indiana administrative law judges painted a picture Wednesday of a rigged, onerous system that overwhelmingly favors the government when parties appeal state agency actions.
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Lake Michigan private, public land rights clash before COA

September 21, 2016
Dave Stafford
Long Beach, Indiana, is at the center of a landmark dispute between public access and private property rights to the Indiana shore of Lake Michigan.
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Both sides of liquor fight say it’s about fairness

September 12, 2016
Hayleigh Colombo, IBJ Staff
The state is appealing an Aug. 24 ruling in favor of Spirited Sales LLC, a Monarch affiliate, that Spirited Sales is entitled to a liquor permit, a decision that other liquor distributors hope is stayed until the appellate court rules.
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Flood victims consider suing state, county and South Bend

September 9, 2016
 Associated Press
Flood victims in the South Bend area are considering filing a lawsuit against the state, county and city.
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I-69 developer's missed payments ignites dispute

September 8, 2016
 Associated Press
A southern Indiana mayor blamed Republican Gov. Mike Pence's administration on Wednesday for allowing a private developer to fall behind in payments to subcontractors, leading to a work stoppage on a new section of the Interstate 69 extension project.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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