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Neither side happy with EPA's new ozone standard

October 2, 2015
 Associated Press
The Obama administration set a new national ozone standard Thursday, tightening limits on the smog-forming pollution linked to asthma and respiratory illness.
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Longest-serving COA judge dies Thursday

October 1, 2015
Jennifer Nelson
Patrick D. Sullivan, the longest-serving Indiana Court of Appeals judge in the court’s history, died Thursday after a brief illness, the court announced. He was 83.
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NCAA athletes face long next yard in bid for free-market pay

October 1, 2015
 Bloomberg News
College athletes are heading back to court in pursuit of pay for play one day after a major setback in their quest for a larger share of the multibillion-dollar industry.
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Whitestown, Zionsville pay $500K-plus in legal fees

October 1, 2015
Lindsey Erdody, IBJ Staff
More than a half-million dollars has been spent to date by Whitestown and Zionsville in the ongoing legal battle between the two Boone County towns.
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Ice Miller opens New York office in Times Square

October 1, 2015
IBJ Staff
Ice Miller LLP has opened an office in Time Square in New York City.
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Judge, 2 lawyers recognized for pro bono work

October 1, 2015
Marilyn Odendahl
Three members of the Indiana legal community are being recognized for their efforts to make legal aid available to all Hoosiers.
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Wrongfully convicted Frankton man to get $3M settlement

October 1, 2015
 Associated Press
The attorney for a man who had a central Indiana school arson conviction overturned says a $3 million lawsuit settlement will let him start a new life.
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US senators reach deal to reduce prison time for some offenders

October 1, 2015
 Associated Press, IL Staff
A bipartisan group of senators unveiled legislation on Thursday that would overhaul the nation's criminal justice system, allowing some nonviolent drug offenders to get reduced prison sentences and giving judges greater discretion in sentencing.
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Are merger suits in Delaware poised for a drop?

October 1, 2015
 Bloomberg News
Are Delaware’s judges attempting to rein in the shareholder litigation that has become an inevitable sideshow to virtually every corporate takeover?
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Beer distributor Monarch loses legal battle to also sell liquor

October 1, 2015
IBJ Staff
Indiana’s largest beer distributor has lost a legal battle in its effort to sell liquor in addition to beer and wine.
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Lawsuit continues on railroad crossing accident case

September 30, 2015
Jennifer Nelson
A woman involved in a fatal car versus train accident in Boone County will be allowed to go to trial on just one of her claims: whether the railroad company failed to provide an unobstructed view at the crossing because of lack of vegetation control.
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Court ordered to reconsider expungement petition

September 30, 2015
Jennifer Nelson
An illegible handwritten note next to a docket entry in a 1976 conviction is not enough to support the trial court’s decision to deny a man’s expungement petition because he had not paid $37 in court costs. The Indiana Court of Appeals ordered the trial court to reconsider the man’s petition.
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Marion County property assessment reductions upheld

September 30, 2015
Jennifer Nelson
The Indiana Tax Court affirmed the decision by the Indiana Board of Tax Review to reduce the total assessed value of six parcels in an Indianapolis shopping center by several million dollars.
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Clark County drug court wrongly jailed 63, order says

September 30, 2015
Dave Stafford
A southern Indiana drug treatment court unjustly jailed scores of program participants for an average time of almost seven weeks. The detentions are detailed in a magistrate judge’s proposed order to certify classes in a federal civil rights lawsuit former drug court participants filed against an ex-judge and other officials.
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Sentence upheld, but restitution order needs a second look

September 30, 2015
Jennifer Nelson
The man ordered to pay $10,000 in restitution to his ex-wife following misdemeanor convictions of invasion of privacy and criminal mischief will get a new hearing on the matter after the Court of Appeals sent the case back to the trial court.
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Appeals court rules NCAA in violation of antitrust laws

September 30, 2015
 Associated Press
A federal appeals court ruled Wednesday that the NCAA's use of college athletes' names, images and likenesses in video games and TV broadcasts violated antitrust laws, but it struck down a plan allowing schools to pay athletes up to $5,000.
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Estate loses on appeal but will get refund

September 30, 2015
Jennifer Nelson
The Indiana Tax Court reversed a probate court’s entry of summary judgment in favor of an estate on a claim seeking a refund of nearly $645,000 paid in inheritance tax, but the judge did find the estate is entitled to approximately $58,000 as a refund.
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COA: Case belongs in Tax Court

September 30, 2015
Jennifer Nelson
A company owner seeking relief from a tax judgment should not have filed in county court, but with the Indiana Tax Court, the Court of Appeals concluded Wednesday. It ordered the case dismissed on jurisdictional grounds.
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Absent agreement, man can't be ordered to pay restitution if not convicted

September 30, 2015
Jennifer Nelson
A man who pleaded guilty to one count of theft for stealing grain, but admitted to stealing from the victim on other occasions, had his restitution amount reduced from nearly $150,000 to just around $28,000.
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COA divided over denial of deposition request

September 30, 2015
Jennifer Nelson
The Indiana Court of Appeals was split in a decision Wednesday regarding whether a man on trial for a drug charge should have been allowed to depose two witnesses prior to trial. The judges didn’t agree as to which caselaw is controlling in the matter.
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New prosecutor renders defendant’s request moot

September 30, 2015
Jennifer Nelson
A defendant’s request to disqualify the entire LaPorte County Prosecutor’s Office from his voluntary manslaughter case because several in the office viewed his conversation with his attorney recorded during a police interrogation is moot because there is a new prosecutor in office, the Indiana Court of Appeals has ruled.
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Court: Man participated in meth manufacturing

September 30, 2015
Jennifer Nelson
A man’s conviction in Whitley County for dealing in methamphetamine by manufacturing was upheld by the Court of Appeals Wednesday. There is evidence that the man knowingly or intentionally aided an acquaintance in making methamphetamine in the home the defendant shared with his girlfriend.
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COA splits over terminating parental rights to twins

September 29, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the decision to terminate the parental rights of a mother to her twin daughters based on insufficient evidence, although one judge believed the termination should have been upheld. The court unanimously affirmed the decision to end her parental rights to her son.
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Company’s recordings not considered ‘publication’

September 29, 2015
Jennifer Nelson
An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.
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For new associates, work seems like school

September 29, 2015
 Bloomberg News
It’s like going back to school. Before they begin to work, new lawyers at many big firms complete lengthy orientation programs that provide instruction on topics like basic accounting and finance.
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