Indiana Lawyer Staff

Woman can't prove pregnancy discrimination

January 12, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for a stone company after finding a woman couldn't prove the company knew she was pregnant when it decided to relocate her to another office.
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Lecture to cover sentencing trends

January 11, 2010
IL Staff
Valparaiso University School of Law's Indiana Supreme Court Lecture will feature a professor who's successfully worked to overturn dozens of capital murder cases and death row sentences involving poor people.
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2 Ind. juvenile facilities rank high in DOJ report

January 8, 2010
IL Staff
Two Indiana juvenile facilities are cited in a new U.S. Department of Justice report for having high rates of sexual victimization among the young offenders.
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Suit claims courthouse violates ADA

January 7, 2010
Jennifer Nelson
Four defendants in cases pending before the St. Joseph Superior Court have filed a lawsuit claiming that county's courthouse is inaccessible for people with disabilities
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Moving a law library, maintaining accessibility

January 6, 2010
Rebecca Berfanger
What could have been a tragic end to a law library in central Indiana at the end of 2009 will be a new beginning in 2010.
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Tax breaks for 2009

January 6, 2010
Rebecca Berfanger
While taxes aren't due until April 15, it's never too early to consider what to discuss with a tax professional or what might be worth a little research before filing for 2009.
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President, Senate move on Indiana nominations

January 6, 2010
Michael Hoskins
Indiana's legal community got a mixed bag of gifts on Christmas Eve, as one former Hoosier attorney received Senate confirmation for an ambassadorship, a federal prosecutor in Hammond learned he might be promoted, and a Bloomington law professor got what amounts to a lump of coal as senators sent her nearly yearold nomination back to the president for reconsideration.
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Parents, child service provider group sue DCS over subsidies

January 6, 2010
Michael Hoskins
In a one-two punch, a pair of lawsuits filed a week apart in December hit the Indiana Department of Child Services square in the gut over how the agency planned to reduce payment rates for foster and adoptive parents and juvenile service providers.
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Federal case challenges policies of Marion County Traffic Court

January 6, 2010
Michael Hoskins
A new lawsuit against Marion County's Traffic Court has implications for how all state-level judges handle fines for citations and violations, and raises questions about whether a part of the judicial system in Indiana's largest county operates fairly and openly.
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Corporate attorney also serves as compliance officer for bank

January 6, 2010
Michael Hoskins
Growing up on a 126-acre farm in north-central Indiana, it might have been fate that Stephen Wilson ended up working as an attorney focused on the agricultural aspect of life.
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Elder law attorney started as paralegal for ILS

January 6, 2010
Rebecca Berfanger
Today it's a growing practice area, but three decades ago, only a handful of attorneys practiced what is now known as elder law and not many more were aware of what it was.
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'Fireman's rule' prevents officer from filing suit

December 15, 2009
Jennifer Nelson
The "fireman's rule" doesn't allow a professional emergency responder to file a claim for the negligence that creates the emergency to which he or she responds, the Indiana Supreme Court upheld today. As a result of its ruling, the high court unanimously ruled a police officer's complaint against an adult showclub must be dismissed.
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Worker didn't prove discrimination, retaliation

November 20, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the lower court ruling that a company's elimination of a worker's position, along with not rehiring her after restructuring, didn't constitute retaliation or a hostile work environment.
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7th Circuit offers alternatives to destroying guns

November 19, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals vacated a District judge's order that a defendant's guns be destroyed instead of returned to him, ruling that there were other alternatives than what the District Court considered.
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2010 Organization Day for lawmakers today

November 17, 2009
IL Staff
Lawmakers returned to the Indiana Statehouse today for Organization Day, a traditionally ceremonial time spent electing leaders and organizing priorities for its second regular session - the short session - that starts in January. More coverage will be in the Nov. 25 issue of Indiana Lawyer.
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ACLU recognizes civil liberty allies

November 16, 2009
Rebecca Berfanger
The ACLU of Indiana recognized supporters of civil liberties and raised awareness and funds for the organization during its annual dinner Nov. 13 in Indianapolis.
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7th Circuit rules en banc on mezuzah case

November 13, 2009
Michael Hoskins
The full 7th Circuit Court of Appeals has ruled that condominium owners prevented from hanging religious objects on their home can in some cases sue their association under the Fair Housing Act for alleged religious and racial discrimination, after they've bought the residence and moved in.
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7th Circuit: conviction can't enhance sentence

November 4, 2009
Jennifer Nelson
A defendant's conviction of possession of a firearm by a felon stands because police had reasonable suspicion to stop the car he was riding in, the 7th Circuit Court of Appeals concluded today.
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YouTube video prejudiced jury

October 30, 2009
Jennifer Nelson
The use of a YouTube video during closing arguments as a demonstrative aid by the state warrants a reversal of a robbery conviction because it may have prejudiced the jury, the Indiana Court of Appeals ruled today.
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Writ removes special prosecutor

October 20, 2009
Jennifer Nelson
The Indiana Supreme Court has ordered Delaware Circuit Court to vacate its order appointing J.A. Cummins as special prosecuting attorney and appoint someone else to serve in that capacity.
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7th Circuit warns attorneys about compliance

October 14, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals chastised the U.S. Attorney's Office in Indiana's Northern District to "get its act together" to comply strictly with a statute that imposes a mandatory life sentence for a defendant convicted of a drug offense with two prior drug convictions.
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7th Circuit discovery pilot program starts Oct. 1

September 29, 2009
IL Staff
The first phase of the 7th Circuit Court of Appeals' Electronic Discovery Pilot Program kicks off Thursday.
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Madison County judge resigns amid misconduct investigation

September 24, 2009
Michael Hoskins
A longtime Madison County judge who's been repeatedly sanctioned and even suspended in the past is resigning amid a new investigation into his alleged misconduct during a 2007 murder trial.
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Group criticizes foreclosure mediation programs

September 23, 2009
IL Staff
A report released today by the National Consumer Law Center examining foreclosure mediation programs believes states, including Indiana, need to make substantial changes before the programs can be effective.
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ILS grant to prevent homelessness

September 16, 2009
Rebecca BerfangerMore
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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