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.
More

ILS grant to prevent homelessness

September 16, 2009
Rebecca BerfangerMore
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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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