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Dickson takes oath as chief justice

August 6, 2012
Dave Stafford
Indiana Chief Justice Brent Dickson formally took the oath of office Monday before more than 300 people in the atrium of the Indiana Statehouse.
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Judges: Grant bank’s request for receiver

August 6, 2012
Jennifer Nelson
Because PNC Bank was able to show that the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and it did not relinquish its right to the appointment of a receiver, the trial court order denying PNC’s request for appointment of a receiver was an error, the Indiana Court of Appeals concluded.
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Court affirms convictions of man who shot at teenagers

August 6, 2012
Jennifer Nelson
A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
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Court rules for city, water company in suit over frozen hydrants

August 3, 2012
Jennifer Nelson
The Indiana Court of Appeals found that the city of Indianapolis and water company – which contracts with the city to operate the water utility – are entitled to common law immunity from a lawsuit brought by a restaurant and its insurers after a fire destroyed a Texas Roadhouse restaurant.
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7th Circuit upholds ruling in favor of borrowers

August 3, 2012
Jennifer Nelson
A dispute between a lender and subsidiaries created by a restaurant owner to refinance its debt made its way before the 7th Circuit Court of Appeals for the second time. This time, the judges ruled in favor of the borrowers.
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7th Circuit affirms ruling against fired employee

August 3, 2012
Jennifer Nelson
Carrier Corp. had an “honest suspicion” that one of its employees was abusing his leave under the Family Medical Leave Act, so the District Court was correct in granting summary judgment for Carrier in the fired employee’s lawsuit.
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Bankruptcy filings down across country, Indiana

August 3, 2012
IL Staff
Bankruptcy filings are down 14 percent across the country for the 12-month period ending June 30, 2012, as compared to the year ending June 30, 2011, the Administrative Office of the United States Courts reported Friday. Filings are down by at least 13 percent in Indiana courts.
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Zoeller: Most claimants agree to State Fair settlement

August 2, 2012
Dave Stafford
More than 80 percent of victims who sued after the State Fair stage collapse last year say they want to participate in the $13.2 million public-private settlement negotiated between the Indiana attorney general’s office and two defendant companies, the AG’s office said Thursday.
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ACLU of Indiana selects new leader

August 2, 2012
IL Staff
Former Indianapolis Deputy Mayor Jane Henegar has been named executive director of the American Civil Liberties Union of Indiana. She begins work immediately and will join the organization full time Sept. 4.
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Senior Judge Shepard to chair national task force on legal education

August 2, 2012
IL Staff
Randall Shepard has been selected as chairman of an American Bar Association presidential commission examining the state of legal education in America.
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Judges uphold 11-year-old’s reckless homicide adjudication

August 2, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a Morgan County boy’s adjudication for shooting his younger brother while the two were home alone. The 11-year-old claimed that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing.
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Sullivan departs bench, joins I.U. McKinney School of Law

August 1, 2012
Dave Stafford
Justice Frank Sullivan Jr. has departed the Indiana Supreme Court and officially joined the faculty of Indiana University Robert H. McKinney School of Law in Indianapolis.
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Divided court affirms life without parole for 17-year-old who killed younger brother

August 1, 2012
Dave Stafford
A 3-2 decision of the Indiana Supreme Court upheld a sentence of life without parole for a 17-year-old who killed his 10-year-old brother while babysitting and later dumped his body near a school in Rising Sun.
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Justices reduce caregiver’s sentence in child’s killing

August 1, 2012
Dave Stafford
The Indiana Supreme Court reduced the sentence of a woman who, along with her boyfriend, was convicted in the events that led to the murder of the woman’s 2-year-old cousin while in her care.
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Picking an Indiana Supreme Court justice

August 1, 2012
Dave Stafford
After public interviews, who makes the cut is determined behind closed doors. So what happens when those doors close?
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Justice candidates at a glance

August 1, 2012
Dave Stafford
Meet the 10 semifinalists who hope to replace Justice Frank Sullivan Jr. on the Indiana Supreme Court.
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Federal courts rule against overtime in pharmaceutical cases

August 1, 2012
Marilyn Odendahl
In a pair of decisions, the U.S. Supreme Court and the 7th Circuit Court of Appeals examined different exemption provisions to overtime requirements of the Fair Labor Standards Act but reached the same conclusion: Pharmaceutical sales representatives are not entitled to overtime pay.
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Struggles mount for labor

August 1, 2012
Dave Stafford
Indiana this year became the 23rd state to enact a right-to-work law in which workers cannot be compelled to pay union dues. Within months, individual workers in union shops opted out, even as court challenges linger.
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Regulations are few, but food trucks do have laws and codes to meet

August 1, 2012
Marilyn Odendahl
Take a food truck to Chicago and you may be required to attach a GPS tracking device to it. Park a food truck in Indianapolis and enjoy being able to do business in an environment of few regulations.
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Ruling for IBM likely first act in legal epic

August 1, 2012
Dave Stafford
A ruling that ordered the state to pay more than $52 million to IBM due to cancellation of its contract to privatize social service claims processing certainly will have a second, and most likely a third, act.
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Federal Bar Update: No changes to federal rules this year

August 1, 2012
John Maley
Federal rule amendments take affect Dec. 1 of each year after a lengthy, time-consuming process of transmittal from the Judicial Conference to the Supreme Court and then to Congress. This coming December, for the first time in many years, there are no amendments on the horizon for the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, or Federal Rules of Evidence.
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Educating the world on media law

August 1, 2012
Marilyn Odendahl
Daniel Byron, a partner at Bingham Greenebaum Doll LLP, is preparing to visit Mongolia to help improve the rights of free speech and free press. He will spend all of September in and around the capital city, Ulaanbaatar, assisting and educating defense attorneys, prosecutors, judges, journalists and other advocates about media law.
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Lucas: In 2012, can women in the law really have it all?

August 1, 2012
Kelly Lucas
I wonder what it is really like to be a woman – or a man, for that matter – trying to balance the demands of work and family in today’s law firms. Let me know if you believe it is possible to work long hours but still have a balanced family life.
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Inbox: Group advocates for court reporter to be used in pilot project

August 1, 2012
The Indiana Shorthand Reporters Association explains its concerns with a recently announced pilot project in courts involving video transcripts.
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Zoeller: Parts of immigration law can't stand

July 31, 2012
Dave Stafford
Indiana Attorney General Greg Zoeller said Tuesday a recent U.S. Supreme Court decision that struck down most of a tough Arizona law will impact a similar immigration law signed by Gov. Mitch Daniels in 2011.
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  1. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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