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COA clarifies ruling in negligent hiring lawsuit

January 18, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
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Court splits over motion for discharge ruling

January 18, 2012
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.
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Darden winds down his appellate career

January 18, 2012
Michael Hoskins
The Indiana Court of Appeals judge will retire in July when he turns 75.
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Bill would increase funds for pro bono districts

January 18, 2012
Jenny Montgomery
The modest filing fee could help offset declining IOLTA funds.
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Collaborative divorce offers closure for clients, demands less attorney time

January 18, 2012
Jenny Montgomery
Attorneys say collaborative divorce works for clients who hope to avoid the courtroom.
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Indiana chief justice delivers final address

January 18, 2012
Michael Hoskins
Shepard says state courts are no longer 'Lone Rangers.'
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Prisons face legal questions in managing inmate requestsRestricted Content

January 18, 2012
Michael Hoskins
The institutions must balance religion of inmates and security of prisons.
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Prioritizing increases ease of mergers

January 18, 2012
Jenny Montgomery
When considering whether to merger your firm with another, several factors must be considered, including avoiding geographic overlap and being honest with employees.
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Bankruptcy filings down in 2011Restricted Content

January 18, 2012
Kathleen McLaughlin
Attorneys says the drop in mortgage foreclosures and sales impacted filings.
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Bill would change child support statuteRestricted Content

January 18, 2012
Jenny Montgomery
Senate Bill 18 could reduce arrearages.
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Dean's Desk: Indianapolis law school enters new era

January 18, 2012
Robert H. McKinney School of Law Dean Gary R. Roberts writes about the multi-million dollar gift the Indianapolis law school received in December 2011.
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SCOTUS won't consider off-campus school speech

January 17, 2012
Michael Hoskins
The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.
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7th Circuit upholds Indiana law on wine shipping

January 17, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has upheld an Indiana statute that prevents alcohol retailers from shipping their products to consumers by using a motor carrier such as UPS, and the state has the authority to regulate those shipments through the 21st Amendment.
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Order requires United Financial to pay court costs

January 17, 2012
Michael Hoskins
The Indiana Supreme Court has ordered United Financial Systems Corp. and its officials to pay the court and a special master $16,003 for the costs associated with an Unauthorized Practice of Law action that has been ongoing for more than three years.
 
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2 Martinsville legislators will not seek re-election

January 17, 2012
IL Staff
State Sen. Richard Bray, R-Martinsville, will not seek re-election. His announcement comes only a few weeks after Rep. Ralph Foley, R-Martinsville, said he also won’t run for re-election.
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Legislation inspired by Barnes ruling passes Senate committee

January 17, 2012
Jenny Montgomery
A Senate committee voted unanimously to pass a bill that would allow a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions.
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Valparaiso University to host Argentinian law scholar for lecture

January 17, 2012
IL Staff
Valparaiso University Law School will host Paola Bergallo, professor of law at Universidad de San Andrés in Buenos Aires, Argentina, for a guest lecture at 4 p.m. (CST) Jan. 26 at Wesemann Hall.
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State bar sponsors Talk to A Lawyer program on MLK day

January 16, 2012
IL Staff
The Indiana State Bar Association will sponsor “Talk to a Lawyer Today,” a pro bono program to provide legal assistance to underserved populations, throughout the state as a tribute to the Rev. Martin Luther King Jr. The program is an opportunity for attorneys statewide to offer free legal consultations to members of the general public who might not otherwise be able to afford the counsel of an attorney.
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Nobel prize recipient to speak in Indianapolis

January 16, 2012
IL Staff
Indiana University Robert H. McKinney School of Law will host a lecture by Leymah Gbowee, joint recipient of the 2011 Nobel Peace Prize, on Feb. 16.
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Registration open for Allen County Bench/Bar Conference

January 16, 2012
IL Staff
The Allen County Bar Association will host its Bench/Bar Conference from 8:30 a.m. to 4:30 p.m. Feb. 3 at Grand Wayne Center, 120 W. Jefferson Blvd., Fort Wayne.
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Indiana Legislature proceedings from 19th century now available online

January 16, 2012
IL Staff
A joint project between the Indiana University Maurer School of Law Library and the IU Digital Library Program has digitized nearly 8,000 pages of General Assembly proceedings from the 1800s, creating an online repository that is accessible free of charge.
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2 high school students to attend program in Washington, D.C.

January 16, 2012
IL Staff
The Indiana Bar Foundation has announced the names of the two Indiana high school students chosen to attend the United States Senate Youth Program in March.
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Deputy prosecutor receives public reprimand

January 13, 2012
Michael Hoskins
A Hancock County deputy prosecutor has received a public reprimand from the Indiana Supreme Court for surrendering prosecutorial discretion and allowing a corporate check fraud victim to dictate the terms of restitution as a pre-condition to a plea agreement.
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COA: trial courts can limit administrative review

January 13, 2012
Michael Hoskins
State law allows a trial court to decline to hold a jury trial and limit its review of a local municipality’s administrative decision, according to the Indiana Court of Appeals.
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7th Circuit affirms deputy sheriff's firing

January 13, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has determined the Warrick County Sheriff’s Department didn’t break the law when it fired a probationary deputy sheriff based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job.
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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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