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Judicial luminaries to mark Magna Carta’s 800th year

August 26, 2015
Dave Stafford
A who’s who of Indiana lawyers and state and federal court judges will soon mark eight centuries since Britain’s King John relented in the face of a baron rebellion and placed his seal on the document that guaranteed, among other things, right to a trial by jury.
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Consumers don’t have to wait for fraudulent charges

August 26, 2015
Marilyn Odendahl
A recent ruling from the 7th Circuit Court of Appeals – the first to find that consumers do suffer harm when their credit card information is stolen – may be headed back to appellate court after the defendant retailer accused the judges of “loose thinking.”
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ABA report reflects current law school innovations

August 26, 2015
Marilyn Odendahl
Weeks after the American Bar Association approved a set of recommendations to address law student debt and educational experience, legal educators in Indiana described the recommendations as thoughtful but not necessarily different from what they are doing.
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TV’s ‘Shift’ suspect got shaft, but rights weren’t violated

August 26, 2015
Dave Stafford
A man who was wrongly arrested and charged with murder by Indianapolis police, whose investigation was being documented for the reality TV series “The Shift,” lost his appeal in a civil rights lawsuit against police.
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Law professor’s book spotlights service workers’ fight for unions

August 26, 2015
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law professor Fran Quigley's book, “If We Can Win Here: The New Front Lines of the Labor Movement,” examines how the push for higher wages and better working conditions is playing out in the very red Hoosier state.
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Doubt means don’t: Drafting an effective social media policy

August 26, 2015
Stephanie Cassman, Nabeela Virjee
Because social media is a relatively new phenomenon, employers have been wading into uncharted territories when creating and implementing social media policies.
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Independent contractor or employee: DOL gives guidance

August 26, 2015
Carolyn Hall
In mid-July, the administrator for the Department of Labor’s wage and hour division issued an interpretation to give guidance about whether a worker is an independent contractor or an employee.
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Proposal would double salary threshold for exempt employees

August 26, 2015
Dave Stafford
Employment attorneys and their clients large and small are scrambling to find ways to deal with a likely change in federal regulation that could more than double the earnings threshold for workers classified as exempt from overtime.
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Prisoner’s Zantac lawsuit gives federal judges heartburn

August 26, 2015
Dave Stafford
An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.
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Bingham partner Solada key player in zoning disputes

August 26, 2015
Scott Olson
Mary Solada has built a reputation as one of Indianapolis’ top real estate attorneys by representing large developers on important zoning matters.
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Law school deans excited about Class of 2018

August 26, 2015
Marilyn Odendahl
Law schools in Indiana are conducting orientations and starting classes for the 2015-2016 academic year. The class sizes are approximate and deans anticipate the numbers will change slightly, but overall they are excited about the new crop of students.
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COA finds medical provider made ‘reasonable effort’

August 25, 2015
Marilyn Odendahl
Telling the victim’s father it could not infer legislative intent, the Indiana Court of Appeals found a mental health care treatment center did comply with the state’s statutory requirements.
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Indiana Tech Law School restarts accreditation process, welcomes Zoeller

August 25, 2015
Marilyn Odendahl
Indiana Tech Law School, which began the fall semester Aug. 24, is welcoming a new class of first-year students and mounting another effort to gain preliminary accreditation.
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Ex-Columbus teacher’s FMLA violation claims reinstated

August 25, 2015
Dave Stafford
A Columbus teacher who claimed his contract wasn’t renewed after he missed 23 days of school should have his day in court on his claims that the school system interfered with his rights under the Family Medical Leave Act and retaliated against him.
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7th Circuit affirms judgment for school in bullying case

August 25, 2015
Dave Stafford
A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday.
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Former state senator is final appointment to redistricting committee

August 25, 2015
Marilyn Odendahl
Former Indiana senator and environmental leader Beverly Gard has been appointed to the state’s redistricting study committee, completing the selection process by the legislative leaders.
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COA ceremonies set for Friedlander and Altice

August 25, 2015
IL Staff
Ceremonies have been announced for judges transitioning off and on the Indiana Court of Appeals. A retirement ceremony for Judge Ezra H. Friedlander is scheduled for 2:30 p.m. Thursday in the Indiana Supreme Court courtroom. Chief Judge Nancy H. Vaidik will preside.
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Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case

August 25, 2015
 Associated Press
Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.
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District Court too heavy-handed in judgment, 7th Circuit rules

August 24, 2015
Marilyn Odendahl
A $2.7 million judgment in a messy dispute between a supplier and a now defunct furniture manufacturer has been overturned by the 7th Circuit Court of Appeals, which called the award “too heavy a sanction.”
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Blackford judges ban clerk from courthouse

August 24, 2015
Dave Stafford
Judges in Blackford County last week issued an order barring the elected clerk from her courthouse offices or even on the sidewalks surrounding the courthouse in Hartford City, claiming she behaved inappropriately and disobeyed and sabotaged court commands.
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Plans outline charter schools at juvenile detention centers

August 24, 2015
 Associated Press
An Indianapolis organization has proposed creating a charter school at juvenile detention centers statewide.
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COA splits over railroad benefits in divorce case

August 24, 2015
Dave Stafford
A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday.
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Indiana team that raided Fogle's home used mobile laboratory

August 24, 2015
 Associated Press
When they arrived at Jared Fogle’s home last month, law enforcement officials were armed with more than a search warrant.
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Maternity leave not excusable neglect for bank, but remand ordered

August 24, 2015
Dave Stafford
Huntington Bank failed to convince the Indiana Supreme Court that an overlooked notice in a mortgage foreclosure case was excusable neglect because the person who normally handled such notices was on maternity leave.
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Supreme Court reverses termination of father’s parental rights

August 21, 2015
Marilyn Odendahl
A man serving a 10-year sentence for dealing in methamphetamine, neglect of a dependent and maintaining a common nuisance is being given the opportunity to show he has changed.
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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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