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Unambiguous contract means lower commission for employee

July 1, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals tossed a jury’s award of $1.5 million, finding the terms of the employee’s incentive plan were unambiguous and the trial was unnecessary.
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Divided justices deny State Fair stage collapse appeal

July 1, 2015
Dave Stafford
Victims who contested a settlement after the 2011 Indiana State Fair stage collapse failed to persuade a majority of Indiana Supreme Court justices to hear their appeal.
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COA upholds attorney’s criminal trespass conviction

July 1, 2015
Marilyn Odendahl

An attorney’s attempt to overturn his criminal trespass conviction by arguing the state statute is unconstitutional as applied to leased property was rejected by the Indiana Court of Appeals as failing to convince even a “person of ordinary intelligence."

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Woman convicted in baby’s death seeks visitation with daughter

July 1, 2015
 Associated Press
A northern Indiana woman who spent more than five years in prison for battering her infant who eventually died of the injuries has filed court document seeking visitation time with her other daughter.
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Indiana federal wiretaps plunge in 2014

July 1, 2015
Dave Stafford
Wiretaps authorized by federal judges in Indiana fell by 70 percent in 2014, according to court statistics released Wednesday.
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Kristine Bunch’s malicious prosecution suit stayed

July 1, 2015
Dave Stafford
A woman whose murder conviction was overturned after she spent 17 years in prison may proceed with a malicious prosecution lawsuit against fire officials she claims framed her, a federal judge ruled Monday.
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$6 million Indy jail fail

July 1, 2015
Dave Stafford
The city of Indianapolis spent more than $6 million on a justice center proposal that died last month on the floor of the City-County Council. Law firms collected nearly 80 percent of the total.
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Local efforts to limit Fourth of July festivities fizzle

July 1, 2015
Dave Stafford
Not everyone is having a blast over the explosion of fireworks use in Indiana in recent years. But local attempts so far to curb the concussions have bombed.
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MDL panel picks California for Anthem lawsuits

July 1, 2015
Marilyn Odendahl
Indianapolis law firms that filed suit against the insurance giant after massive cyberbreach are surprised cases won’t be tried in Indiana
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Drawing the line regarding bystanders

July 1, 2015
Dave Stafford
A moped fatality case before the Indiana Supreme Court tests who may press negligent infliction of emotional distress claims.
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E-filing pilot begins in Indiana

July 1, 2015
Dave Stafford
Lawyers will have to file electronically in all Indiana state courts by the end of 2018, according to a plan overseen by Supreme Court Justice Steven David and Court of Appeals Judge Paul Mathias. Hamilton County will get the ball rolling in a few weeks.
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Evolving science helps link defendants to crime

July 1, 2015
Marilyn Odendahl
St. Joseph County obtained its first conviction using DNA evidence in 1992.
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Most new Indiana laws effective July 1

July 1, 2015
IL Staff
Read about the new laws passed during the 2015 session.
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Project targets elderly in high-conflict families

July 1, 2015
Marilyn Odendahl
Steuben County is a test site for a new eldercaring coordination program.
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Start Page: Secure your life with a password manager

July 1, 2015
Seth Wilson
This article will offer some suggestions on how to protect yourself using a password manager.
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Open House: Incorporating culture into design

July 1, 2015
Marilyn Odendahl
The Indianapolis office of Quarles & Brady LLP is designed and decorated according to the idea that the most important conversations can happen outside the conference rooms and attorney offices.
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Hammerle on ...'Jurassic World,' 'Inside Out'

July 1, 2015
Robert Hammerle
Bob Hammerle writes that "Jurassic World" poses a small, interesting questions for the obvious sequel. What if the U.S. could release Velociraptors of enemies like ISIS?
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Privilege defense splits Court of Appeals

June 30, 2015
Marilyn Odendahl
A split Indiana Court of Appeals found the privilege granted to store owners and employees in making claims to police does have limits.
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Use tax on out-of-state vehicle purchases upheld

June 30, 2015
Dave Stafford
A tree service properly paid Indiana use tax on its commercial vehicle purchases made outside the state, and imposition of those taxes did not violate the Commerce Clause, the Indiana Tax Court ruled Tuesday.
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New laws on slowpoke drivers, rape charges taking effect

June 30, 2015
 Associated Press
The religious objections bill that sparked threats to boycott Indiana is the highest-profile state law taking effect Wednesday, but several dozen others also are officially going on the books.
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Former Ovation CFO arrested on multiple theft charges

June 30, 2015
IBJ Staff
The former chief financial officer for Ovation Audio-Video Solutions LLC has been arrested and charged with more than 20 counts of theft for allegedly misappropriating about $600,000 in company funds for his own use, Marion County Prosecutor Terry Curry announced Monday.
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Indy skyline photo copyright appeal not fully developed

June 30, 2015
Dave Stafford
A lawyer and photographer’s appeal in a copyright lawsuit over unlicensed use of his photo of the Indianapolis skyline was improper, the 7th Circuit Court of Appeals ruled Monday, dismissing the appeal.
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Court ruling spurs backers' hopes for redistricting changes

June 30, 2015
 Associated Press
Groups trying to curb the partisan sculpting of U.S. House of Representative districts are hoping their Supreme Court of the United States victory will prompt more states to create independent commissions to redraw congressional lines.
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Community Health to pay $20M to settle false claims charges

June 30, 2015
IBJ Staff, J.K. Wall
Community Health Network has agreed to pay $20.3 million to settle claims from state and federal authorities that it overbilled for outpatient surgeries, according to an announcement Tuesday from the U.S. Department of Justice.
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Judge won't rule on venue change until jury selection

June 30, 2015
 Associated Press
A judge says she'll wait until jury selection to decide whether to move the trial of a Bloomington man charged with murder in the fatal beating of an Indiana University student.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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