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Major changes coming in bankruptcy court Oct. 1

September 26, 2012
IL Staff
The U.S. Bankruptcy Court for the Southern District of Indiana is reminding practitioners that some amendments to local rules taking effect next month “may significantly impact” bankruptcy attorney practices.
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Loretta Rush is Indiana's next justice

September 26, 2012
Dave Stafford
Colleagues say the Supreme Court appointee brings life balance, temperament and skill to the job.
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Zoeller, senators at odds over immigration law

September 26, 2012
Dave Stafford
Indiana lawmakers seek to intervene with aid of Kansas official Kris Kobach.
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ILS Medical Legal Partnership gives Midtown clients access to legal services

September 26, 2012
Marilyn Odendahl
Indiana Legal Services' clinic helps clients at Midtown Community Mental Health Center navigate through legal entanglements that can ensnare them.
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Victim funds create legal, public policy issues

September 26, 2012
Dave Stafford
Kenneth Feinberg, an authority on victim compensation funds, says circumstances warranting these types of programs are "rare."
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Bentley: Darden honored for impact, influence on legal community

September 26, 2012
On September 14, 2012, the Marion County Bar Association hosted a retirement dinner in honor of Judge Carr L. Darden, who retired as a full-time appellate judge from the Indiana Court of Appeals on his 75th birthday, July 21, 2012. The event was held at the downtown Indianapolis Marriott and included dinner, musical entertainment and remarks from several individuals to whom Judge Darden has served as a colleague, mentor, family member and friend.
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Remedy is not easy in securities fraud cases

September 26, 2012
Marilyn Odendahl
Plaintiffs must meet a high standard after filing complaint to get to the discovery stage.
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Marilyn Monroe decision points to right of publicity's shortcomings

September 26, 2012
Dave Stafford
The legal landscape for Marilyn Monroe’s heirs changed considerably when a federal court recently affirmed that the idol had no right of publicity that survived her.
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New provisions shine light on patent process

September 26, 2012
Marilyn Odendahl
One addition under the America Invents Act is the public has the opportunity to participate in pre- and post-grant reviews.
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Behind the News: '80s anti-takeover law helped sow Emmis win in court

September 26, 2012
Greg Andrews
Emmis Communications Corp.’s tactics as it plotted to strip preferred shareholders of their rights were “admittedly unusual,” Judge Sarah Evans Barker acknowledged in her Aug. 31 ruling that let the company go forward with a shareholder vote a few days later that did just that.
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Justices visit schools to mark Constitution Day

September 26, 2012
IL Staff
The Indiana justices visited the schools on Sept. 19 as part of Constitution Day events. The Indiana Supreme Court holds a program each September to commemorate the anniversary of the signing of the U.S. Constitution on Sept. 17, 1787.
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Indiana Judges Association: Could judicial Olympics cure court budget woes?

September 26, 2012
David Dreyer
Judge Dreyer comes up with a way to cure court budget woes and provide reality TV.
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DTCI: 'Queen bee syndrome' in the workplace – true or false?

September 26, 2012
If you are a woman trying to make it to the top of a law firm, can you expect a higher-ranking female attorney to take you under her wing? Do you need to undermine other women in order to advance or treat other women as threats?
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Sidebars: Coaches Tavern has made consistently good food for 10 years

September 26, 2012
We give Coaches Tavern 3 gavels!
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Admission of the videotaped confession constitutes fundamental error

September 25, 2012
Marilyn Odendahl
The true finding that a juvenile committed an act that would constitute the offense of attempted burglary, a class B felony, was reversed by the Indiana Court of Appeals on the grounds the trial court made a fundamental error in admitting into evidence the juvenile’s videotaped confession.
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Court affirms protective order without evidentiary hearing

September 25, 2012
Dave Stafford
A Shelby County man’s protective order against a neighbor is valid even though the trial court didn’t hold an evidentiary hearing or honor the neighbor’s request for a continuance, the Court of Appeals ruled Tuesday.
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Court affirms mobile meth lab conviction, sentence arising from car search

September 25, 2012
Dave Stafford
A man’s conviction and 24-year sentence on charges related to a mobile meth lab found in his vehicle was affirmed Tuesday by the Indiana Court of Appeals.
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Supreme Court case may resolve conflicting misdemeanor probation readings

September 25, 2012
Dave Stafford
The Indiana Supreme Court will hear a case in which the Court of Appeals on rehearing noted conflicting interpretations of the maximum probation sentence for people convicted of misdemeanors.
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Indiana bar exam pass list released

September 25, 2012
IL Staff
A total of 438 people passed the Indiana bar exam administered in July, according to a list posted Tuesday on the Indiana courts website.
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Task force, billboards part of AG’s prescription drug abuse fight

September 24, 2012
IL Staff
Billboards around Indiana are part of an awareness campaign about the dangers of prescription drug abuse announced Monday by Indiana Attorney General Greg Zoeller.
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Payne resigns as head of DCS

September 24, 2012
Jennifer Nelson
James W. Payne, the director of the Indiana Department of Child Services since 2004, submitted his resignation letter Monday to Gov. Mitch Daniels. The resignation comes after news reports raised questions about his involvement in DCS actions pertaining to his grandchildren.
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Hospital has no claim against insurer in Tennessee judgment

September 24, 2012
Dave Stafford
A Fort Wayne Hospital that treated a person injured after a Tennessee vehicle crash may not enforce a lien against a judgment of a Tennessee court that awarded damages to the motorist.
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Teen bit by police dog during arrest may sue, appeals court rules

September 24, 2012
Dave Stafford
A man who more than five years ago sustained injuries from police dog bites during his arrest may proceed with a tort claim, the Indiana Court of Appeals ruled.
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Court of Appeals points to ‘alarming trend’ in defendant’s appeal

September 24, 2012
Marilyn Odendahl
A defendant who attempted to have his conviction reversed by citing the fundamental error doctrine instead received a sharp rebuke from the Indiana Court of Appeals.
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Stepson’s testimony, cell phone search invalidate stepdad’s drug conviction

September 24, 2012
Dave Stafford
A man’s conviction on a drug dealing conspiracy charge was reversed Monday when an appeals court panel ruled that a Marion County court erred in admitting testimony and evidence about text messages from the defendant’s stepson.
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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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