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Lawyer helps families of fallen soldiers create lasting legacies

May 20, 2015
Dave Stafford
Indianapolis attorney and Marine Corps veteran Ed Smid has made it his mission to see that those who died in Afghanistan and Iraq are remembered and honored. In doing so, he’s also strengthened bonds among families of the fallen and provided valuable aid to survivors.
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Disciplinary Actions - 5/20/15

May 20, 2015
IL Staff
Read who has recently resigned from the Indiana bar.
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Corporate clients are reshaping big law firms

May 20, 2015
Marilyn Odendahl
The demands being made by corporate executives and legal departments are forcing law firms to change not only how they do business but also how they run their business.
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Growth of IP law feeds large firms, boutiques

May 20, 2015
Dave Stafford
Not so long ago, patent and intellectual property attorneys most often practiced in firms that specialized in the technical, complex legal systems that govern and protect invention and creation. But big firms saw opportunities and seized them, sometimes gobbling up entire practices
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Lawyers treated to Time for Three on World IP Day

May 20, 2015
Dave Stafford
From Johannes Brahms’ “Hungarian Dance No. 5” to Robin Thicke’s “Blurred Lines,” what’s legal and what isn’t when it comes to musical performances shared center stage with the Time for Three trio during Indianapolis’ World IP Day event April 27.
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Bell/Whelan: 3 things to know about amended pro bono reporting rule

May 20, 2015
James Bell, Jessica Whelan
Rule 6.7, in effect for a mere four months, was recently amended by a Supreme Court order issued April 30, 2015, and effective immediately. The amendment provides additional clarity on what is expected of Indiana attorneys with respect to reporting pro bono service.
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New lawyers admitted to the Indiana bar

May 19, 2015
Kelly Lucas
Telling them that it is a "good day to become a lawyer," Supreme Court Chief Justice Loretta Rush welcomed Indiana's newest attorneys to the Indiana bar and oversaw the admission ceremony Tuesday that included the recitation of oaths to practice before the state courts and U.S. District Courts for the Northern and Southern Districts of Indiana.
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Indiana judge weighs fate of BMV overcharges case

May 19, 2015
 Associated Press
A judge is weighing the fate of a lawsuit targeting the Indiana Bureau of Motor Vehicles after he heard arguments Monday in the case alleging that the BMV overcharged motorists by tens of millions of dollars for fees and services.
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Indianapolis bar owners challenge city’s smoking ban

May 19, 2015
 Associated Press
The Indiana Court of Appeals has heard arguments from the owners of two Indianapolis bars who want to overturn the city's 2012 ban on smoking.
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Former Lake County clerk given 4-year suspension

May 19, 2015
Marilyn Odendahl
The former clerk of Lake County who used federal funds to pay himself bonuses has been suspended from the practice of law after the Indiana Supreme Court found he had betrayed the public’s trust and violated both his oath of office and of attorneys.
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Failure to buckle a seatbelt cannot be used to prove contributory negligence

May 19, 2015
Marilyn Odendahl
The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state's Seatbelt Act may not be used to prove contributory negligence.
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Justices author dissents in appeal denials

May 19, 2015
Dave Stafford
The Indiana Supreme Court won't hear two cases in which justices felt compelled to write dissents arguing why they believed toxic-litigation and marital estate distribution appeals should be heard.
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Justices to determine if ‘Spice law’ void for vagueness

May 19, 2015
Dave Stafford
The Indiana Supreme Court will determine whether Indiana’s “Spice law” banning synthetic drugs as new formulations appear is void for vagueness, as separate divided panels of the Court of Appeals ruled in January.
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Justice center developer trying to meet with council members

May 19, 2015
Kathleen McLaughlin
The company that wants to develop a criminal justice center has invited the entire Indianapolis City-County Council to a meeting Tuesday afternoon to discuss lingering concerns about the $1.6 billion project, which died in committee last month.
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Supreme Court voids Maryland tax similar to Indiana tax

May 18, 2015
 Associated Press
The Supreme Court of the United States on Monday struck down a Maryland tax that has the effect of double-taxing income residents earned in other states.
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Police immune from lawsuit over arrest of mentally ill woman

May 18, 2015
 Associated Press
The Supreme Court of the United States ruled Monday that police are immune from a lawsuit arising from the arrest and shooting of a mentally ill woman in San Francisco.
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Property owners have no duty for tenant’s free-running dog

May 18, 2015
Marilyn Odendahl
Although the landlords provided the means to restrain the tenant's dog, they are not responsible for the injuries a motorcyclist sustained when the pooch dashed into the road and caused an accident.
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Justices make it easier to sue over 401(k) plans

May 18, 2015
 Associated Press
The Supreme Court of the United States ruled unanimously Monday in favor of participants in employee retirement plans who object to companies' investment decisions that eat into retirement savings.
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SCOTUS: Convicted felons can sell their guns

May 18, 2015
 Associated Press
A unanimous Supreme Court of the United States ruled Monday that the government can’t prevent a convicted felon who is barred from possessing firearms from trying to sell his guns after they are confiscated by authorities.
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6 selected for ICLEO internships

May 18, 2015
IL Staff
Six law school students have been chosen to participate in the 2015 Carr L. Darden Conference for Legal Education Opportunity internship program.
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Court of Appeals interviews to be held June 10

May 18, 2015
IL Staff
Eight judges and lawyers vying for appointment to the Indiana Court of Appeals will be interviewed June 10 by the Indiana Judicial Nominating Commission. The commission will recommend three finalists to Gov. Mike Pence, who will select the person to succeed Judge Ezra Friedlander, who is retiring at the end of August.
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Boston Marathon bomber sentenced to death

May 15, 2015
 Associated Press
A jury sentenced Dzhokhar Tsarnaev to death Friday for the Boston Marathon bombing, sweeping aside pleas that he was just a "kid" who fell under the influence of his fanatical older brother.
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Southern District New Albany magistrate takes oath

May 15, 2015
IL Staff
New Albany attorney Van T. Willis, a senior partner with Kightlinger & Gray LLP, was sworn in Friday as a new part-time magistrate judge in the U.S. District Court for the Southern District of Indiana by Chief Judge Richard L. Young.
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Admission of recording is harmless error

May 15, 2015
Marilyn Odendahl
A recording of a victim’s conversation with friends should not have been admitted into evidence at trial, but the Indiana Court of Appeals ruled it was a harmless error.
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Tax Court affirms Zionsville office assessment

May 15, 2015
Dave Stafford
The Indiana Tax Court on Thursday affirmed the real estate assessment of an office building on Zionsville’s Main Street in Boone County.
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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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