Latest News

Judge’s dismissal of claim contesting forfeiture was on ‘unsound’ ground

June 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals sent a man’s claim contesting forfeiture of nearly $200,000 found in his home during a police search back to the District Court for reconsideration. The judges ruled that the ground for dismissal given by the judge, as well as the alternative ground argued by the government, were “unsound.”
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Jury to decide whether woman was fired for being pregnant

June 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed summary judgment in favor of a company on a fired employee’s claim that her employment was terminated because she was pregnant, finding the company’s explanations for her firing were shifting, inconsistent, and/or facially implausible.
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Judges: Integration clause doesn’t preclude introduction of parol evidence

June 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals held Tuesday that in the absence of a factual inquiry, the mere presence of an integration clause doesn’t preclude a party from introducing parol evidence that it was fraudulently induced to enter into the agreement as a whole. The decision came in a dispute involving a settlement agreement that one party sought to invalidate based on claims of fraudulent inducement.
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Justices look to set arguments in Rockport, blogger’s intimidation cases

June 10, 2013
IL Staff
The Indiana Supreme Court may hold arguments in September on the case involving the controversial Rockport coal gasification plant as well as on the case of a Dearborn County man who was convicted of intimidation of a judge based on online rants.
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Judges order more proceedings in low-income apartment tax credit case

June 10, 2013
Jennifer Nelson
Because there are genuine issues of material fact regarding claims made against apartment management company Flaherty & Collins in a complaint alleging fraud and other charges dealing with renting apartments to people who did not qualify based on income requirements, the Indiana Court of Appeals ordered more proceedings on the case.
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Defendant breached plea agreement by fleeing to Mexico

June 10, 2013
Jennifer Nelson
A defendant was unable to convince the 7th Circuit Court of Appeals that despite his decision to flee the country for five years before he was sentenced in a drug case, the government should have to stick to the terms of his original plea agreement.
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Trial court correctly ruled mother’s consent needed for adoption

June 10, 2013
Jennifer Nelson
The Indiana Court of Appeals noted in a decision Monday that the state adoption statute is a bit of a “puzzle” before affirming the lower court’s decision to deny a woman’s attempt to adopt her fiancé’s child. But it found the fiancée may file another petition for adoption if she so chooses.
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3 of former corrections officer’s convictions upheld by appeals court

June 10, 2013
Jennifer Nelson
A former corrections officer at the Marion County Jail who tried to get a co-worker to fool around with him had three of his four convictions stemming from their interactions upheld Monday by the Indiana Court of Appeals. The judges reversed one sexual battery conviction because the proof didn’t support Maurice Frazier’s Class D felony conviction.
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Grandchildren not entitled to proceeds of land sale under will

June 7, 2013
Jennifer Nelson
A Monroe Circuit judge did not err in denying a motion by three grandchildren to correct errors in which they claimed that they, instead of their grandmother’s second husband, should have received the proceeds of the sale of land in Bloomington. The Indiana Court of Appeals held the Bloomington residence was adeemed by extinction, so the proceeds of the sale pass to Cora Young’s second husband, Theodore.
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Judges consider cellphone restrictions after court video hits Facebook

June 7, 2013
Dave Stafford
Disturbed by recent incidents in which video of open court has found its way online, Marion County judges on Friday discussed restricting cellphones in court.
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Justices vacate transfer in third appeal of Fort Wayne foreclosure case

June 7, 2013
The Indiana Supreme Court decided this week that it won’t take the third appeal in the case involving a Fort Wayne restaurant operator sued by former mortgagors.
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Defendant in trial over concert hall defects tries to halt repairs

June 7, 2013
Andrea Muirragui Davis
Attorneys for the Michigan contractor being sued over construction defects at Carmel’s Palladium concert hall have asked a Hamilton County court to halt repair work immediately to preserve evidence in the case.
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Panel disagrees as to when woman failed to mitigate damages

June 7, 2013
Jennifer Nelson
By a vote of 2-1, the Indiana Court of Appeals Friday reduced nearly $94,000 in damages to just $117 after finding the seller of a condo failed to mitigate her damages after the buyers backed out of the sale over repairs. Judge Cale Bradford believed seller Gayle Fischer was entitled to the original damages award.
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Justices take Rockport gasification appeal

June 6, 2013
Dave Stafford
The Indiana Supreme Court will hear an appeal that could determine the fate of a controversial proposal to fund a southern Indiana coal gasification plant with guaranteed prices above current market rates for the substitute natural gas it would create.
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AG turns over $331k to East Chicago in RICO case

June 6, 2013
IL Staff
Racketeering litigation that began in 2004 against former East Chicago Mayor Robert Pastrick ended Thursday as Indiana Attorney General Greg Zoeller turned over more than $331,000 the state collected from Pastrick and co-defendants to the city.
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Indy organization part of first-ever settlement involving REO properties

June 6, 2013
IL Staff
The Fair Housing Center of Central Indiana is one of 13 fair-housing organizations that will split a $27 million settlement from Wells Fargo Bank with the National Fair Housing Alliance after a complaint alleged the bank better maintained its real estate properties in white neighborhoods.
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Man who fled after hearing not entitled to discharge

June 6, 2013
Jennifer Nelson
The motion for discharge under Indiana Criminal Rule 4(C) by a man charged in connection with a gun shop burglary in Morgan County was properly denied by the trial court, the Indiana Court of Appeals held Thursday. Much of the delay in bringing him to trial within a year was attributable to the appellant, including his decision to flee after a hearing.
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Former U.S. attorney, Superior judge dies

June 6, 2013
IL Staff
Retired Judge Alfred W. Moellering of Fort Wayne died Sunday at the age of 86. He was a longtime Superior Court judge in Allen County.
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Faegre Baker Daniels to open office in Silicon Valley

June 6, 2013
IL Staff
Faegre Baker Daniels LLP is heading to California to open an office in Silicon Valley.
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Deputy prosecutor fired for errors in handling protective order violation

June 5, 2013
Jennifer Nelson
The employment of an unnamed St. Joseph County deputy prosecutor has been terminated after deciding not to prosecute a man following his May arrest for violating a protective order. Several days later, that man allegedly stabbed and killed his young daughter.
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Justices uphold termination of mother’s parental rights after years of drug abuse

June 5, 2013
Jennifer Nelson
The Indiana Supreme Court Wednesday set aside the Court of Appeals order dismissing a Dearborn County mother’s appeal of the termination of her parental rights and took the case. The justices affirmed the decision to end her parental rights to her three children.
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COA: Courts need to consider proportionality of damages in restitution orders

June 5, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld a Franklin Circuit judge’s decision to require a defendant to pay restitution and a fine after he entered into an open plea agreement on a burglary charge. But the judges instructed trial courts to consider apportioning the amount of restitution among co-perpetrators in relation to each person’s contribution to the victim’s loss.
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Stefaniak to become new Lake County juvenile court judge

June 5, 2013
Dave Stafford
Judge Thomas Stefaniak will take over the juvenile court in Lake County, ending a months-long dispute over the judgeship that involved the intervention of the Indiana Supreme Court.
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Convenience store association says cold beer ban discriminatory

June 5, 2013
Marilyn Odendahl
Along with the usual reasons including giving consumers more options, providing price competition and sparking new investment in the state, Indiana convenience store owners have added a new argument to their push to sell cold beer – it’s their constitutional right.
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Ladendorf takes helm as ITLA president

June 5, 2013
Dave Stafford
Small-firm practitioner Mark Ladendorf leads a 5-lawyer firm in Indianapolis, three of which are in the family.
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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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