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Court must hold hearing on injunction involving medical practice

September 10, 2014
Jennifer Nelson
A trial court’s assessment of the public interest regarding whether a doctor is prohibited under a noncompete agreement to practice within 25 miles of his former office in Rensselaer was contrary to law, the Indiana Court of Appeals held Wednesday. The judges reversed the denial of a motion for a preliminary injunction preventing the doctor from opening a new practice next door to his previous one.
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COA orders judgment in favor of Lapel in annexation lawsuit

September 10, 2014
Jennifer Nelson
The city of Anderson does not meet the requirements to bring a declaratory judgment action to challenge the town of Lapel’s annexation of land in Madison County that Anderson once considered annexing.
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Supreme Court provides clarity to maintenance agreement modification

September 10, 2014
Jennifer Nelson
If divorcing parties want to make judicial modification available for the maintenance agreements, they must say so in their contract, the Indiana Supreme Court pointed out Tuesday. Because a divorced couple’s maintenance agreement allowed for court intervention, the justices ordered the trial court to consider the wife’s request for modification.
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Defendant cleared 'low bar' to require reversal of summary judgment

September 10, 2014
Jennifer Nelson
The Indiana Supreme Court reversed summary judgment in favor of the state on its motion for forfeiture of cash found on a man accused of dealing cocaine. The justices found the man’s “self-serving” affidavit specifically controverted the state’s prima facie case that the cash was connected to drug crimes.
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Tax Court denies rehearing in charitable purposes exemption case

September 10, 2014
Jennifer Nelson
Tax Judge Martha Wentworth affirmed that a housing company in Bartholomew County failed to show that its rental properties qualified for a charitable purposes exemption for the 2006 tax year. The judge denied granting Housing Partnerships Inc.’s request for a rehearing.
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Deal may be near in stage collapse suit

September 10, 2014
 Associated Press
A lawsuit filed by victims of the 2011 Indiana State Fair stage collapse appears to be nearing a settlement, a mediator's report indicates, more than three years after the fatal accident that killed seven people and injured more than 40.
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Closure of Indiana juvenile boot camp put on hold

September 10, 2014
 Associated Press
State officials are delaying the closure of a paramilitary-style boot camp for juvenile offenders in northwestern Indiana.
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IP lawyer among first to accept Bitcoin for services

September 10, 2014
Dave Stafford
Intellectual property attorney Paul Overhauser’s clients are often on the cutting edge of Internet technology, so he decided that in addition to dollars, he’ll take digital dough.
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7th Circuit: Marriage law is unconstitutional

September 10, 2014
Marilyn Odendahl
Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected Sept. 4 in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.
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Economic harm is key part of gay marriage argument

September 10, 2014
Marilyn Odendahl
When the 7th Circuit Court of Appeals on Sept. 4 affirmed Indiana’s marriage law was unconstitutional, Judge Richard Posner’s opinion gave special nod to the economic harm married same-sex couples suffer by not receiving the tangible state and federal benefits that are extended to married opposite-sex couples.
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Law firms find rewards in staging events just for kicks

September 10, 2014
Dave Stafford
Sometimes lawyers just want to have fun. For numerous firms large and small, it’s good practice to stake out events that offer an opportunity to socialize, cut loose and have a good time.
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Marion County small claims reform faces hurdles in Legislature

September 10, 2014
Dave Stafford
The Indiana Supreme Court’s recommendation to merge Marion County’s nine township small claims courts with Marion Superior Court may be too bold for the Indiana General Assembly, a key senator said.
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Legal aid benefits from settlement

September 10, 2014
Marilyn Odendahl
A financial boost for legal aid is expected to come from one of the banks that contributed to the 2008 economic collapse. The money will bring much-needed funding to the state’s pro bono districts which have been crippled by dwindling revenues and growing client lists. While the money will help, some say it should have come sooner.
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New program gives attorneys an 'Intro to Indy'

September 10, 2014
Marilyn Odendahl
The Indianapolis Bar Association's "Intro to Indy" program will introduce attorneys to nonprofit agencies and give them leads on becoming more engaged in the community.
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Dean's Desk: Distance learning comes of age at NDLS

September 10, 2014
Nell Jessup Netwon
Thanks to distance-learning technology, professors as well as students have much more flexibility than previous generations did. Today a professor might teach in Chicago one week and in South Bend the next.
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Lawyers say communication is key to long-term preservation of large estates

September 10, 2014
Dave Stafford
A fortunate few wealthy families are able to preserve their estates for more than a couple of generations, but attorneys say communication can improve the odds that a grantor’s grandchildren will have something left to pass on.
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Alerding/Latterell: A 2014 view of portability

September 10, 2014
Gift and estate tax planning has gotten easier for married couples thanks in part to a relatively new concept: porting of the federal gift and estate tax exemption to a surviving spouse.
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Thomas: When drafting a will, be as specific as possible

September 10, 2014
To ensure that your client’s property will go to the beneficiaries of his or her choosing, as opposed to the beneficiaries that the state chooses, it is imperative that the last will and testament be very specific and provide for as many contingencies as possible.
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Start Page: Microsoft Outlook distribution lists reduce email frustration

September 10, 2014
Seth Wilson
Have you ever used the “reply all” option on an email that has multiple recipients, only to get a return email notifying you that one (or more) of the email addresses was typed incorrectly by the original sender? Or, do you frequently email the same group of people by typing one email address at a time, only to realize that you forgot to include someone (usually right after you hit send)? The solution? Use distribution lists in Microsoft Outlook.
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Sidebars: Noblesville eatery’s Buffalo chicken sandwich is tasty surprise

September 10, 2014
Jennifer Lukemeyer, Fred Vaiana
We give Copper Still Kitchen & Bar 3 gavels!
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Quick: Use the tools available to market today’s law firms

September 10, 2014
Lawyers are trying new and different ways to advertise with more focus on websites and digital media. But even today, problems remain.
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Hammerle On… 'Land Ho!' 'Sin City: A Dame to Kill For,' 'The Trip to Italy'

September 10, 2014
Robert Hammerle
Bob Hammerle says the stars of "The Trip to Italy" have no shame when they get together.
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Indiana files same-sex marriage petition with SCOTUS

September 9, 2014
Marilyn Odendahl
In the race to get a same-sex marriage case before the Supreme Court of the United States this term, Indiana Attorney General Greg Zoeller’s office is arguing the state’s three lawsuits provide the best vehicle for resolving the same-sex marriage issue.
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Appeals court reverses suppression of polygraph in molestation case

September 9, 2014
Dave Stafford
A panel of the Indiana Court of Appeals Tuesday reversed a trial court order suppressing results of a polygraph test against a man who later was charged with child molestation.
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Award of attorney fees reversed in child-support dispute

September 9, 2014
Dave Stafford
The ex-wife in a child-support dispute was improperly awarded a portion of her attorney fees after the trial court rejected her ex-husband’s petition to modify child support.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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