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COA reverses probation revocation of man unable to fully pay restitution

June 10, 2015
Jennifer Nelson
A trial court should not have revoked the probation of a man who was ordered to pay more than $100,000 in restitution as a condition of his probation, the Indiana Court of Appeals ruled. The man was able to prove that he could not fully pay off the balance owed because he was unable to obtain a reverse mortgage on his home.
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Care facility’s petition for judicial review barred by res judicata

June 10, 2015
Jennifer Nelson
A Merrillville nursing facility’s third petition seeking judicial review of the state Department of Health’s decision to deny a full license to the facility was barred by a previous petition for judicial review of the matter, the Indiana Court of Appeals ruled.
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7th Circuit: No evidence officer was victim of racial discrimination

June 10, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the grant of defendants' motion for summary judgment on a St. Joseph County Police sergeant's lawsuit claiming discrimination because he is African-American. The judges held the man was unable to prove discrimination after he was passed over for promotions or began working in the department's property room.
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Evidence seized from probationer’s roommate violated 4th Amendment

June 10, 2015
Jennifer Nelson
The Indiana Supreme Court on Tuesday reversed the partial denial of a man's request to suppress drug evidence found during a routine warrantless search of the residence he shared with a man on probation. The probationer only consented to searches based on reasonable suspicion.
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ABA denies provisional approval to Indiana Tech Law School

June 9, 2015
Marilyn Odendahl
The American Bar Association has denied provisional accreditation to Indiana Tech Law School.
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Retired ILS leader gets national honor

June 9, 2015
Marilyn Odendahl
Norman Metzger, retired executive director of Indiana Legal Services, is receiving national recognition for his work and dedication to providing legal assistance for the poor. 
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Suing wrong man over Indy skyline photo costs lawyer $34K

June 9, 2015
Dave Stafford
A lawyer and photographer who sued hundreds of people claiming copyright infringement of his Indianapolis skyline picture must pay almost $34,000 in legal fees to a defendant who never used the image.
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Justices decline to make bright-line rule on admission of coverage limits

June 9, 2015
Jennifer Nelson
The Indiana Supreme Court affirmed the admission of a couple’s uninsured motorist policy limits at a trial in which the couple sued its insurer to recover under that provision. But in doing so, the justices declined requests by the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana to adopt a bright-line rule on the admission of coverage limits.
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Appeals court tosses suits challenging climate change plan

June 9, 2015
 Associated Press
A federal appeals court on Tuesday threw out a pair of high-profile lawsuits challenging the Obama administration's sweeping plan to address climate change, saying it's too early to challenge a proposed rule that isn't yet final.
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Judicial candidate serving as juror was not fundamental error

June 9, 2015
Jennifer Nelson
A man convicted of child molesting argued that an attorney and judicial candidate should not have been allowed to serve as a juror on his trial. But he failed to object to her placement on the jury at the time of the trial, and the Indiana Court of Appeals rejected his claim of fundamental error.
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COA orders foreclosed Golden Corral to be in sheriff’s sale

June 9, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the holding of a Lake County court that allowed the mortgage holder of a restaurant in Merrillville to immediately take possession of the parcel of land. Under Indiana law, the parcel should go into a sheriff's sale, the majority held.
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Attorney: House explosion stupid, selfish plan gone awry

June 9, 2015
 Associated Press
A man accused of plotting a deadly explosion that damaged or destroyed more than 80 homes in an Indianapolis neighborhood should have known the scheme could kill people, even if that wasn't his intent, a prosecutor told jurors Monday as the murder trial began.
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Prosecutor offers parents behind on child support amnesty

June 9, 2015
 Associated Press
A northeastern Indiana prosecutor is offering parents who lost driving privileges because they're behind on child support payments a chance to get back behind the wheel.
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Indianapolis City-County Council to sue over $32M electric-car contract

June 9, 2015
 Associated Press, IBJ Staff
The Indianapolis City-County Council has voted to sue the city as a way to prevent it from implementing a $32 million plan to rent 425 electric cars for its vehicle fleet.
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Council votes not to consider revised justice center plan

June 9, 2015
IBJ Staff
The City-County Council voted 16-13 Monday night against considering a scaled-down plan for a new Marion County criminal justice center.
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Opening statements set for Indianapolis house explosion trial

June 8, 2015
 Associated Press
The final three jurors have been seated in the trial of an Indianapolis man charged in a deadly house explosion that ravaged a neighborhood.
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Justices split, deny grandparent visitation appeal

June 8, 2015
Dave Stafford
Divided 3-2, the Indiana Supreme Court last week declined to hear the appeal of a grandparent stripped of visitation rights in a Court of Appeals ruling.
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Indiana Tech Law School meets with ABA

June 8, 2015
Marilyn Odendahl
Officials from Indiana Tech Law School met with representatives from the American Bar Association June 5 to discuss the Fort Wayne school’s accreditation.
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Court strikes down ‘born in Jerusalem’ passport law

June 8, 2015
 Associated Press
The Supreme Court of the United States struck down a disputed law Monday that would have allowed Americans born in Jerusalem to list their birthplace as Israel on their U.S. passports in an important ruling that underscores the president's authority in foreign affairs.
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Humane Society ‘disappointed’ justices won’t hear canned-hunt suit

June 8, 2015
Dave Stafford
A deadlocked Indiana Supreme Court declined to hear the state’s appeal of a ruling allowing captive-hunting preserves to operate in the state without regulation. The Humane Society condemned the decision on the controversial hunting practice.
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Justices to review Tyson Foods appeal over class-action suit

June 8, 2015
 Associated Press
The Supreme Court of the United States has agreed to weigh new limits on the ability of workers to band together to dispute pay and workplace issues.
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High court to weigh three-judge rule for redistricting cases

June 8, 2015
 Associated Press
The Supreme Court of the United States will decide whether it was proper for a single federal judge to throw out a lawsuit challenging Maryland's 2011 congressional redistricting plan.
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Justices to take on new case over frozen assets

June 8, 2015
 Associated Press
The Supreme Court of the United States has agreed to decide whether the government can put a hold on untainted money and property that a criminal defendant needs to hire a lawyer.
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Boy injured by pig at YMCA camp loses appeal

June 8, 2015
Dave Stafford
A trial court correctly granted summary judgment in favor of a YMCA camp and other defendants in a case seeking damages after an 11-year-old boy was bitten by a pig.
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Barnes & Thornburg stakes claim in Texas

June 8, 2015
Marilyn Odendahl
Barnes & Thornburg LLP has announced the opening of an office in Dallas, the 13th office for the Indiana-based law firm.
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  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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