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COA reverses finding attorney entitled to malpractice coverage

October 15, 2015
Jennifer Nelson
A trial court improperly concluded that an Auburn, Indiana, attorney did not make a material representation in his application for renewal of malpractice insurance, the Indiana Court of Appeals held Thursday in reversing summary judgment in favor of the attorney.
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Ruling in favor of doctors in med mal case upheld

October 15, 2015
Jennifer Nelson
The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.
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Inmate loses request for Xbox, other privileges

October 15, 2015
Jennifer Nelson
The Department of Correction has a rational reason for limiting which inmates qualify to be housed in a “Honor Unit,” in which they have access to video games and weights, the Indiana Court of Appeals held in affirming summary judgment for the DOC on an inmate’s lawsuit.
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Hastert attorney says former speaker intends to plead guilty

October 15, 2015
 Associated Press
Former House Speaker Dennis Hastert intends to plead guilty in a multimillion-dollar hush-money case linked to allegations of sexual misconduct from decades ago, a defense attorney told a federal judge Thursday.
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COA affirms attorney fee order

October 15, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.
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Mediator appointed to Marion Superior Court

October 15, 2015
IL Staff
An Indianapolis mediator has been selected by Gov. Mike Pence to fill the vacancy in Marion Superior Court created when Judge Robert Altice Jr. was appointed to the Indiana Court of Appeals in July.
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Investigation prompts reorganization at Marion County Jail

October 15, 2015
 Associated Press
An internal investigation at the Marion County Jail has prompted the facility to discipline staff and demote its jail commander.
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Judge hears lawsuit challenging Indiana ballot photos law

October 15, 2015
 Associated Press
A federal judge seemed critical of a new Indiana law that prohibits voters from taking photos of their election ballots and sharing the images on social media during a hearing on a lawsuit challenging the law.
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COA modifies punitive damages award

October 14, 2015
Jennifer Nelson
The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.
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Court split over actual notice of defendant’s incarceration

October 14, 2015
Jennifer Nelson
Although “not a fan” of discharges pursuant to Criminal Rule 4(C), an Indiana Court of Appeals judge believes a defendant’s case needs re-examined by the trial court to see if he is entitled to discharge.
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COA outlines approach to awarding attorney fees in estate challenges

October 14, 2015
In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.
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Jury: Apple infringed on Wisconsin university's tech patent

October 14, 2015
 Associated Press
A federal jury has found Apple Inc. infringed on a technology patent held by the foundation that protects the University of Wisconsin's intellectual property.
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Boilerplate language can’t support warrant for blood draw

October 14, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.
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Confidence levels remain muted, partners say

October 14, 2015
 Bloomberg News
If there’s optimism among law firm managing partners, it’s muted at best.
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Ernst & Young confronts Madoff’s specter in trial over audits

October 14, 2015
 Bloomberg News
Ernst & Young LLP took Bernie Madoff at his word when it signed off on audits of a fund that helped feed the biggest Ponzi scheme in U.S. history. The firm must now defend that decision at the first trial of an auditor over losses tied to Madoff, who’s serving a 150- year prison term for stealing billions of dollars from thousands of investors.
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DOC recommends stretching $5 million to 41 counties

October 13, 2015
Marilyn Odendahl
The Indiana Department of Correction, going against previous advice, has proposed spreading newly available state money around to several counties to help provide rehabilitation and treatment for the low-level offenders who will be coming to county jails.
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Convicted sex offender seeks chance to take Ohio bar exam

October 13, 2015
 Associated Press
A former Army officer who served time in prison after repeatedly trying to meet girls for sex wants to become a lawyer, a move opposed by the legal profession, according to a case that has reached the state's highest court.
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Attorney: Fort Wayne clerk to resign weeks before election

October 13, 2015
 Associated Press
An attorney for Fort Wayne's longtime city clerk says she will resign weeks before the general election because of health reasons.
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SCOTUS hear arguments over life sentences for teenagers

October 13, 2015
 Associated Press
People serving life terms for murders they committed as teenagers were looking to the Supreme Court of the United States Tuesday for signals about whether they will have a chance to seek their freedom.
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Justices to review day care couple’s manslaughter convictions

October 13, 2015
Jennifer Nelson
The Indiana Supreme Court will decide whether a couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care should get new trials.
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Officer’s internal statement not allowed in criminal trial

October 13, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a Fort Wayne police officer that a statement he gave as part of an internal affairs investigation into his role in a break-in of a foreclosed home should not be allowed at his criminal trial.
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Dewey jury remains stuck over most counts against executives

October 13, 2015
 Bloomberg News
A jury considering fraud charges against three former executives at Dewey & LeBoeuf LLP remains deadlocked on most counts in its 18th day of deliberations.
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Indiana attorney general attending Mexico City conference

October 13, 2015
 Associated Press
Indiana's attorney general is traveling to Mexico City for a conference discussing issues such as human trafficking, drug trafficking and online privacy crimes.
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Indiana BMV admits in class-action case to 112 overcharges

October 13, 2015
 Associated Press
Indiana's Bureau of Motor Vehicles has admitted to more than 100 weight-class overcharges in court documents stemming from a class-action lawsuit alleging that the agency overcharged motorists by tens of millions of dollars.
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Man charged after shooting outside federal courthouse

October 12, 2015
IL Staff
A man who is accused of firing a handgun in front of the Birch Bayh Federal Courthouse in Indianapolis has been charged with firearm and drug offenses.  
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  1. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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