Laws

Open Door violation not worth $8K, COA rules

August 22, 2013
Marilyn Odendahl
A group of petitioners who prevailed on an Indiana Open Door Law violation will get reimbursed for attorney fees, but the amount will be reduced by nearly $5,000 after a trial court found the group was requesting money for work unrelated to the claim.
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State courts post expungement forms online

August 16, 2013
IL Staff
The Indiana Division of State Court Administration has posted more than a dozen sample forms to petition for reduction or elimination of criminal records provided under Indiana’s new expungement statute.
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Change in state statute gets public intoxication conviction overturned

August 15, 2013
Marilyn Odendahl
Although the evidence showed the man was intoxicated in public, the Indiana Court of Appeals overturned his conviction because he was not a threat to public safety.
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Northern District judge tosses challenge to Indiana immigration law

August 15, 2013
Marilyn Odendahl
A federal judge has dismissed a lawsuit challenging portions of Indiana’s immigration law passed in 2011.
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Man still drunk despite change in public intoxication statute, COA rules

August 14, 2013
Dave Stafford
A 2012 change in Indiana’s public intoxication statute adding a required charging element of at least harassing, annoying or alarming another person doesn’t negate a conviction for a man who the Indiana Court of Appeals ruled did at least that much.
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Interim criminal law study committee to examine sentencing questions

August 14, 2013
Marilyn Odendahl
The process to correct and clarify House Enrolled Act 1006, the massive piece of legislation overhauling the state’s criminal code, will begin Aug. 15 at the first meeting of the Indiana General Assembly’s Criminal Law and Sentencing Policy Study Committee.
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COA notes Indiana law would have changed outcome of environmental dispute

August 2, 2013
Marilyn Odendahl
Using California law, the Indiana Court of Appeals ruled that an insurance company does not have to pay for an environmental cleanup, but the court noted it did not agree with the position of the Golden State and it would have ruled differently if Indiana law had been applicable.
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Liquor store chain seeks to impose strict regulations on convenience stores selling alcohol

August 1, 2013
Marilyn Odendahl
A chain of 19 liquor stores in Indianapolis wants the drug, grocery and convenience stores that sell alcohol to be subject to the same strict regulations that govern package liquor stores.
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Judges disagree on whether Rhode Island law applies in wrongful death case

July 25, 2013
Jennifer Nelson
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
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Expungement forum set for Saturday in Gary

July 18, 2013
IL Staff
Attorneys will present information and answer questions about Indiana’s new expungement law at a forum Saturday in Gary.
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Complexity of new expungement law raises questions

July 17, 2013
Dave Stafford
Hundreds rushed to a clerk's office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.
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Indiana grandparents petitioning for visitation face long odds

July 17, 2013
Marilyn Odendahl
The courts are limiting relatives' rights while the Indiana General Assembly seeks to expand them.
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7th Circuit reverses sanctions against Plews Shadley, other firms in False Claims Act case

July 9, 2013
Jennifer Nelson
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
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7th Circuit dismisses campground owner’s appeal after raising new arguments

July 3, 2013
Jennifer Nelson
A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.
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New Indiana laws for 2013

July 3, 2013
IL Staff
Learn about what laws take effect July 1, 2013, in Indiana.
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COA reverses denial of petition to dismiss protective order

June 19, 2013
Jennifer Nelson
A Jackson Superior Court erred in denying a couple’s request to dismiss a protective order the wife had taken out against her husband, the Indiana Court of Appeals ruled, because the statute contains the word “shall” regarding the court’s actions when one files for a dismissal of the protective order.
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Lawmakers put more teeth into consumer protection of Indiana seniors

June 19, 2013
Dave Stafford
Indiana seniors get some new consumer protections July 1. As a group, they also get a little younger.
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Statement in tort claim does not prevent woman from trying to recover for injuries

June 4, 2013
Marilyn Odendahl
Even though a woman originally stated she did not suffer any injuries after her vehicle was rear ended by a police car, the Indiana Supreme Court has ruled she can file a subsequent complaint against the municipality and the police department for personal injuries.
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Aromatherapy distributors challenge new 'look-alike' synthetic drug law

May 30, 2013
Jennifer Nelson
Four companies that sell novelty items, aromatherapy products and other items have filed a lawsuit against Indiana’s prosecutors, alleging a newly enacted law that makes it illegal to possess or deal “look-alike” synthetic drugs is unconstitutional.
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Prior knowledge of criminal history allows FSSA to disqualify employment

May 24, 2013
Jennifer Nelson
The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.
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Legislative Council approves interim committees but concedes number becoming unwieldy

May 23, 2013
Marilyn Odendahl
While Indiana's Legislative Council passed by consent Thursday the resolution creating 18 commissions and interim study committees, leaders in the Indiana House of Representatives voiced concerns over the growing number of summer study committees and unwieldy list of topics to review.
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COA rules for first time on retroactivity of Mineral Lapse Act

May 15, 2013
Jennifer Nelson
The Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
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Convenience stores sue to be able to sell cold beer

May 14, 2013
Jennifer Nelson
The Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.
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Governor signs JTAC, workers’ comp bills into law

May 13, 2013
IL Staff
The Division of State Court Administration’s Judicial Technology and Automation Committee will see a temporary boost in funding for its Odyssey case management system under a new law signed by Gov. Mike Pence.
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Pence signs into law changes to sex offender registry

May 10, 2013
IL Staff
Changes are coming to Indiana’s sex offender registry, thanks to a new law signed by Gov. Mike Pence Thursday.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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