Latest News

Lawsuit continues on railroad crossing accident case

September 30, 2015
Jennifer Nelson
A woman involved in a fatal car versus train accident in Boone County will be allowed to go to trial on just one of her claims: whether the railroad company failed to provide an unobstructed view at the crossing because of lack of vegetation control.
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Court ordered to reconsider expungement petition

September 30, 2015
Jennifer Nelson
An illegible handwritten note next to a docket entry in a 1976 conviction is not enough to support the trial court’s decision to deny a man’s expungement petition because he had not paid $37 in court costs. The Indiana Court of Appeals ordered the trial court to reconsider the man’s petition.
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Marion County property assessment reductions upheld

September 30, 2015
Jennifer Nelson
The Indiana Tax Court affirmed the decision by the Indiana Board of Tax Review to reduce the total assessed value of six parcels in an Indianapolis shopping center by several million dollars.
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Clark County drug court wrongly jailed 63, order says

September 30, 2015
Dave Stafford
A southern Indiana drug treatment court unjustly jailed scores of program participants for an average time of almost seven weeks. The detentions are detailed in a magistrate judge’s proposed order to certify classes in a federal civil rights lawsuit former drug court participants filed against an ex-judge and other officials.
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Sentence upheld, but restitution order needs a second look

September 30, 2015
Jennifer Nelson
The man ordered to pay $10,000 in restitution to his ex-wife following misdemeanor convictions of invasion of privacy and criminal mischief will get a new hearing on the matter after the Court of Appeals sent the case back to the trial court.
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Appeals court rules NCAA in violation of antitrust laws

September 30, 2015
 Associated Press
A federal appeals court ruled Wednesday that the NCAA's use of college athletes' names, images and likenesses in video games and TV broadcasts violated antitrust laws, but it struck down a plan allowing schools to pay athletes up to $5,000.
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Estate loses on appeal but will get refund

September 30, 2015
Jennifer Nelson
The Indiana Tax Court reversed a probate court’s entry of summary judgment in favor of an estate on a claim seeking a refund of nearly $645,000 paid in inheritance tax, but the judge did find the estate is entitled to approximately $58,000 as a refund.
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COA: Case belongs in Tax Court

September 30, 2015
Jennifer Nelson
A company owner seeking relief from a tax judgment should not have filed in county court, but with the Indiana Tax Court, the Court of Appeals concluded Wednesday. It ordered the case dismissed on jurisdictional grounds.
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Absent agreement, man can't be ordered to pay restitution if not convicted

September 30, 2015
Jennifer Nelson
A man who pleaded guilty to one count of theft for stealing grain, but admitted to stealing from the victim on other occasions, had his restitution amount reduced from nearly $150,000 to just around $28,000.
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COA divided over denial of deposition request

September 30, 2015
Jennifer Nelson
The Indiana Court of Appeals was split in a decision Wednesday regarding whether a man on trial for a drug charge should have been allowed to depose two witnesses prior to trial. The judges didn’t agree as to which caselaw is controlling in the matter.
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New prosecutor renders defendant’s request moot

September 30, 2015
Jennifer Nelson
A defendant’s request to disqualify the entire LaPorte County Prosecutor’s Office from his voluntary manslaughter case because several in the office viewed his conversation with his attorney recorded during a police interrogation is moot because there is a new prosecutor in office, the Indiana Court of Appeals has ruled.
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Court: Man participated in meth manufacturing

September 30, 2015
Jennifer Nelson
A man’s conviction in Whitley County for dealing in methamphetamine by manufacturing was upheld by the Court of Appeals Wednesday. There is evidence that the man knowingly or intentionally aided an acquaintance in making methamphetamine in the home the defendant shared with his girlfriend.
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COA splits over terminating parental rights to twins

September 29, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the decision to terminate the parental rights of a mother to her twin daughters based on insufficient evidence, although one judge believed the termination should have been upheld. The court unanimously affirmed the decision to end her parental rights to her son.
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Company’s recordings not considered ‘publication’

September 29, 2015
Jennifer Nelson
An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.
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For new associates, work seems like school

September 29, 2015
 Bloomberg News
It’s like going back to school. Before they begin to work, new lawyers at many big firms complete lengthy orientation programs that provide instruction on topics like basic accounting and finance.
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Ex-Lake Station mayor wants delay in 2nd criminal trial

September 29, 2015
 Associated Press
The former mayor of Lake Station and his wife have asked for a delay in their second criminal trial and for a federal judge to recuse himself.
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Lawsuit: College prep company is insolvent, owes millions

September 29, 2015
 Associated Press
A credit union that holds loans on thousands of prospective college students is suing an Indianapolis-based college test preparation company, alleging that it owes it more than $12 million.
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Statehouse services set for longtime state Rep. Crawford

September 29, 2015
 Associated Press
Longtime Indiana state Rep. William Crawford will lie in state in the Indiana Statehouse Rotunda ahead of his funeral this week.
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Lawsuit alleges Crown Hill illegally solicited people in hospitals, care facilities

September 28, 2015
Dave Stafford
Indiana’s largest cemetery illegally made direct solicitations to people in hospitals, mental health facilities and other care settings, alleges a class-action lawsuit  filed Monday in Indianapolis.
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New Indiana attorneys sworn in during admission ceremony

September 28, 2015
IL Staff
The state’s legal profession welcomed 312 new lawyers to its ranks Monday during an admission ceremony hosted by the Indiana Supreme Court.
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Communities request more funds than DOC has available

September 28, 2015
Marilyn Odendahl
In advance of lower-risk offenders staying in local jails instead of going to state prisons, counties across Indiana have requested more than $17 million from the state. However, for the first round of appropriations this fiscal year, the Department of Correction only has $5 million to give.
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Allen County Bar to honor attorneys for longtime service

September 28, 2015
IL Staff
The Allen County Bar Association will recognize 13 attorneys Tuesday at its annual meeting for their outstanding professional and civic accomplishments in the local community, including 10 who have a total of 500 years of legal service among them.
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Court: Policy required notice to title insurance company

September 28, 2015
Jennifer Nelson
A Greensburg couple who received two legal notices that their home was going into a tax sale never notified their title insurance company about the issue, which doomed their lawsuit. The Indiana Court of Appeals upheld summary judgment in favor of the title insurer.
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Ex-US House speaker's lawyers talking possible plea deal

September 28, 2015
 Associated Press
Former U.S. House Speaker Dennis Hastert's attorneys are talking with prosecutors about a possible plea deal in the Republican's hush-money case, both sides told a federal judge Monday.
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Complaint targets Quicken Loans' employee free speech rules

September 28, 2015
 Associated Press
Mortgage giant Quicken Loans overly restricts employees' free speech and should rewrite its rules for workers and educate employees about their rights, according to a National Labor Relations Board complaint.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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