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Newborn blood sample case appealed to Indiana’s high court

May 20, 2016
 Associated Press
An Indiana couple seeking the destruction of millions of newborn blood samples stored in a state warehouse is appealing their case to the Indiana Supreme Court. The couple's attorney filed a petition Thursday asking the state high court to take up the case.
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Tax court adjusts sales, use taxes for contractor

May 20, 2016
Scott Roberts
The Indiana Tax Court reversed some issues and affirmed others related to Miller Pipeline's claim of refund of sales and use taxes remitted for the 2006 and 2007 tax years, ruling the contractor overpaid by tens of thousands of dollars.
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Supreme Court rehearing sought in lawmaker email fight

May 19, 2016
Marilyn Odendahl
The battle over legislators' emails continues as the groups fighting to make public the correspondence between a Republican Representative and lobbyists filed for a rehearing with the Indiana Supreme Court.
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COA: Worker's comp board may overrule medical examiner

May 19, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a Worker's Compensation Board decision that a man did not sustain a cervical injury as a result of a workplace accident. The board was not required to follow treatment recommendations of an independent medical examiner who saw the man after his employer notified him of its intent to terminate temporary total disability benefits.
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Handcuff injury claim against Alexandria officers proceeds

May 19, 2016
Dave Stafford
A man who claims he was injured after he asked Alexandria police not to handcuff him during a compliant arrest because he'd had recent rotator cuff surgery that limited his shoulder mobility may proceed with a federal lawsuit against the officers, a judge ruled Wednesday.
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Ex-prosecutor Brizzi faces disciplinary complaint

May 19, 2016
Scott Olson, IBJ Staff
The Indiana Supreme Court Disciplinary Commission is recommending former Marion County Prosecutor Carl J. Brizzi III be punished for "a pattern of misconduct" that occurred during his time in office.
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COA: Mother’s rights not violated by reasonable efforts order

May 19, 2016
Scott Roberts
The Indiana Court of Appeals ruled an order that reasonable efforts to reunify a mother and her daughter were not necessary did not violate her rights under the Americans with Disabilities Act or the Rehabilitation Act and affirmed judgment of the trial court.
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COA upholds contempt charges in video conference

May 19, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's contempt of court charges after it found just because a man was on video didn't mean he couldn't commit contempt, and the evidence was enough to uphold the charges.
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Justices back company seeking legal fees from government

May 19, 2016
 Associated Press
The Supreme Court has ruled in favor of an Iowa trucking company that was trying to recover $4.7 million in legal fees from the Equal Employment Opportunity Commission after a class action lawsuit against the company was thrown out.
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Lake County investigating unreported driving suspensions

May 19, 2016
 Associated Press
Prosecutors in northwest Indiana are investigating whether a former Lake Station city clerk intentionally failed to send convictions in drunken driving cases to the Indiana Bureau of Motor Vehicles.
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Coal mine environmental risk grows with bankruptcies

May 19, 2016
 Associated Press
As more coal companies file for bankruptcy, it's increasingly likely taxpayers will be stuck with the very high costs of preventing abandoned mines from becoming environmental disasters.
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Supreme Court disbars South Bend lawyer

May 19, 2016
Scott Roberts
The Indiana Supreme Court issued a disbarment decision Wednesday finding Elton Johnson committed attorney misconduct in a number of ways. The per curiam decision lists incompetent representation, converting client funds and failing to cooperate with the disciplinary process as reasons for Johnson's disbarment.
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Deregulation touted for growth, innovation in legal profession

May 18, 2016
Marilyn Odendahl
To revitalize the legal profession, an economist and Yale law student are calling for an end to the rules and regulations that require bar exam passage, prevent nonlawyers from practicing and prohibit anyone who does not hold a J.D. degree from owning law firms.
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Ex-credit union chief loses defamation per se appeal

May 18, 2016
Scott Roberts
The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive's hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.
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COA reinstates ex-boyfriend's complaint for damages

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a man's complaints for compensation against his girlfriend for work he did on two houses, including a house they both lived in, should not have been dismissed. The case was remanded to the trial court.
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US backs Syrian refugees against Pence at 7th Circuit

May 18, 2016
Dave Stafford
The Department of Justice is urging the 7th Circuit Court of Appeals in Chicago to affirm an Indianapolis district court judge’s ruling that blocked Gov. Mike Pence’s directive to suspend federal aid to Syrian refugees resettled in Indiana.
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COA: Search under probation did not violate Fourth Amendment

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a warrantless search of property did not violate a man's Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.
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COA upholds conviction, trims sentence in heroin case

May 18, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's conviction but reduced his sentence for dealing heroin even though he didn't actually participate in the transaction in one of the counts.
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Judge dismisses sludge lawsuit against Terre Haute

May 18, 2016
 Associated Press
A federal judge has dismissed a lawsuit that alleged the city of Terre Haute and its officials defaulted on an agreement to take out water from waste and use the sludge to make fuel.
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New OT rules force hard choices on small businesses

May 18, 2016
 Associated Press
The regulations being issued by the Labor Department today would double to $913 a week from $455 the threshold under which salaried workers must be paid overtime. In terms of annual pay, the threshold rises to $47,476 from $23,660. The rules take effect Dec. 1.
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Teen courts across northwest Indiana dole out justice

May 18, 2016
 Associated Press
The Teen Court program in Lake County, along with others in northwest Indiana, gives teens an alternative to the traditional trajectory of juvenile justice. The program uses a novel approach in which a jury of teens decides the punishment for peers who are diverted from the juvenile justice system.
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Slaughter moves from arguing high-profile cases to judging them

May 18, 2016
Dave Stafford
New Indiana Supreme Court Justice Geoffrey Slaughter brings an impressive resume and a wealth of experience, but he acknowledges a couple of learning curves ahead.
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Veterans trade in military life to become legal aid attorneys

May 18, 2016
Marilyn Odendahl
Polli Pollem is among a trio of Indianapolis attorneys who left the military as officers, went to law school and have since found their way into legal aid. They credit their time in the service with providing them the means to get an undergraduate degree and fostering the desire to pursue a J.D.
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Surgery centers sue No.1 insurer UnitedHealthcare

May 18, 2016
Dave Stafford
Several Indiana surgery centers are suing the nation's largest health insurance company, claiming it violated state and federal law by failing to pay for services the centers' doctors provided to patients. In a similar lawsuit against the insurer, a key dispute is what the word "pay" means.
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Statewide crisis of CHINS stretches judicial resources

May 18, 2016
Marilyn Odendahl
The increase in filings of juvenile children in need of services petitions across the state has been growing steadily since 2011 but ballooned to 14,227 in 2014 and could likely top 17,500 for 2015.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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