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Dismissed dental student loses suit against IU

August 30, 2012
Jennifer Nelson
The Indiana University School of Dentistry student kicked out of the program because of failing grades and allegations of professional misconduct lost her lawsuit because of failure to state a claim.
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Trial court erred in land survey dispute

August 30, 2012
Jennifer Nelson
Although a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.
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Mining company an insured under contractor’s policy

August 30, 2012
Jennifer Nelson
The mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
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Bankruptcy Court amends some rules, seeks comment on others

August 30, 2012
Jennifer Nelson
The judges in U.S. Bankruptcy Court in the Southern District of Indiana have amended local bankruptcy rules, with the changes taking effect Oct. 1. The court is also considering the addition of five local rules.
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Mom’s conviction due to child’s school absences upheld

August 30, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.
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7th Circuit vacates habeas petition, orders further proceedings

August 30, 2012
Jennifer Nelson
Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.
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New partnership sends McKinney faculty and students back to high school

August 30, 2012
Marilyn Odendahl
They arrived on yellow school buses as visitors Wednesday afternoon but someday the high school students may come as law students. The Indiana University Robert H. McKinney School of Law and Shortridge Magnet High School for Law and Public Policy inked a partnership that will put McKinney faculty and students in Shortridge classrooms and bring Shortridge students to McKinney.
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Bad BP gas distributed widely in Indy, as far south as Corydon

August 29, 2012
Dave Stafford
Tainted BP gasoline that is the subject of two federal lawsuits in northern Indiana was delivered to and likely sold in at least 28 Indianapolis gas stations and as far south as Corydon and Lawrenceburg, according to information the company provided.
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Judges order new trial due to counsel’s deficient performance

August 29, 2012
Jennifer Nelson
A Marion County man was prejudiced by his counsel’s error of not timely filing a request for a jury trial, so the Indiana Court of Appeals ordered a new trial on his Class A misdemeanor resisting law enforcement conviction.
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Denial of summary judgment upheld over questions of car ownership

August 29, 2012
Jennifer Nelson
The insurer of a car dealership is not entitled to summary judgment because there are genuine issues of material fact as to whether the dealership or the son of an employee who purchased a car from the dealership owned the car at the time the son hit a bicyclist.
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Same court, new experience

August 29, 2012
Marilyn Odendahl
Hoover Hull LLP partner Alice Morical joins a Southern District pro bono program and faces a jury for the first time.
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Marion County slating reform gets new push

August 29, 2012
Dave Stafford
The Indianapolis Bar Association takes aim at the Marion Superior judicial selection process.
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Roberts ready for last year at bat

August 29, 2012
Marilyn Odendahl
Indiana University Robert H. McKinney's dean talks legal education and his future teaching plans.
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Pill mills migrating to Indiana?

August 29, 2012
Marilyn Odendahl
The General Assembly and physician groups are considering ways to stop over-prescribing of pain medications.
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Marion County Small Claims courts take small steps

August 29, 2012
Dave Stafford
Recommended overhauls on the courts' structure are unlikely following the task force's critical report.
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Shepard to lead legal education task force

August 29, 2012
Marilyn Odendahl
The American Bar Association forms a committee to review the performance of law schools.
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Technology Untangled: easy printing from phone or tablet

August 29, 2012
Stephen Bour
Stephen Bour writes about an app that makes it easy for Android users to print from their mobile devices.
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Medical malpractice caps challenged in Indiana, fall elsewhere

August 29, 2012
Dave Stafford
Medical malpractice caps are unconstitutional in Missouri. And in Illinois and Georgia. They might be in Indiana, too, if the justices of the Supreme Court grant Timothy Plank the day in court his attorneys say he is entitled to.
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DTCI: Throw your cell phone into the spaghetti bowl

August 29, 2012
From DTCI
James Strenski writes about why lawyers need to get away from their cell phones occasionally.
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Quality of Life: Take action to make next year a better one

August 29, 2012
Jonna Kane MacDougall
The drought has made MacDougall think about how people often say "next year will be better" but do nothing to make that happen.
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Dean's Desk: Career planning innovation at Valparaiso Law

August 29, 2012
Jay Conison
This fall, Valparaiso Law is launching a new program that will help students organize their three years of career-related activities and complete the steps essential to fulfilling career goals. The program is provided through a mobile website named VOLT, which the school believe is the first of its kind.
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7th Circuit orders disability case back to administrative law judge

August 28, 2012
Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case back to the administrative law judge for further proceedings.
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7th Circuit to DOC: Sex offender registry error safeguards insufficient

August 28, 2012
Dave Stafford
Indiana’s Sex and Violent Offender Registry provides insufficient means for those whose information is incorrect to challenge the information, the 7th Circuit Court of Appeals ruled Tuesday.
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Court of Appeals finds 2006 statute does apply to 2001 violation

August 28, 2012
Marilyn Odendahl
The Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision to convict him of committing a sex offender residency offense.
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COA affirms its reversal of trial court in land-use case

August 28, 2012
Dave Stafford
Property owners on a northwestern Indiana lake who argued their land was unconstitutionally taken lost their rehearing before the Indiana Court of Appeals.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. 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.

  4. 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.

  5. 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.

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