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Justices uphold sentence, clarify previous caselaw

August 13, 2014
Jennifer Nelson
The Indiana Supreme Court accepted a case to address the proposition that relying on an element of the offense as an aggravating factor when sentencing is no longer prohibited. The justices believe that the Court of Appeals has applied this position too broadly.
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Court reduces attorney fees awarded to pay firm by $1 million

August 13, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday found that an estate of a man with dependents can recover attorney fees under the General Wrongful Death Statute, but the trial court erred in how it calculated the amount the law firm will receive.
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7th Circuit declines to overturn mine’s fine for safety violation

August 13, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.
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Police allowed to test seized shoe without warrant

August 13, 2014
Jennifer Nelson
The Indiana Supreme Court held Wednesday that police do not need to have a warrant before testing lawfully seized evidence, even if that evidence is unrelated to the crime for which the defendant is in custody.
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DCS to fund state subsidies for adoptions from foster care

August 13, 2014
Dave Stafford
The Department of Child Services will fund state subsidies for children adopted from foster care for the fiscal year that began July 1. The announcement comes after a lawsuit claimed the state reneged on promises to provide the assistance to about 1,400 eligible families since 2009.
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College newspaper sues Purdue for release of video

August 13, 2014
 Associated Press
A college newspaper sued Purdue University on Tuesday over its refusal to release surveillance video that editors said shows a staff photographer being roughed up by police when he entered the building where a student had been fatally shot and stabbed.
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Trial begins in South Bend police wiretapping case

August 13, 2014
 Associated Press
A federal judge will decide whether the South Bend Police Department violated the Federal Wiretap Act by recording the telephone conversations of some police officers.
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Judge: Indiana can sue IRS over health care rules

August 13, 2014
 Associated Press
A federal judge has ruled Indiana and nearly 40 state school districts can sue the Internal Revenue Service over rules it imposed to implement the federal health care overhaul.
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Federal judge, managing partner keep jazz on the radio in northwest Indiana

August 13, 2014
Marilyn Odendahl

Each week longtime friends Bill Satterlee, managing partner at Hoeppner Wagner & Evans LLP in Valparaiso, and Kent Lindquist, senior judge for the Bankruptcy Court in the U.S. District Court for the Northern District of Indiana, share their mutual love of jazz by recording a two-hour show that airs Sunday nights on the local public radio station.

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Companies need to draft 'bring your own device' policies

August 13, 2014
Marilyn Odendahl
While the convenience of handheld, portable computers enables employees to peruse email, communicate with clients and review documents without being tied to the office, the “bring your own device,” or BYOD, trend is creating tensions between how much access an employer can have to the worker-owned device and how much privacy an employee can expect.
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Second court knocks out Indiana's labor law on constitutional grounds

August 13, 2014
Marilyn Odendahl
Two years after Indiana’s right-to-work law fought its way out of the Statehouse, the measure has suffered another knockout blow in a state court. Plaintiffs have successfully convinced two courts that the Indiana Constitution has given the controversial statute a glass jaw.
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Workplace threat injunction deemed invalid

August 13, 2014
Dave Stafford
An employee’s reported threat to blow his boss’s head off resulted in an injunction barring him from the workplace, but the Indiana Court of Appeals reversed recently in a case that highlighted conflicting statutes aimed at preventing violence on the job.
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Column: ENDA would protect sexual orientation, gender identity

August 13, 2014
With same-sex marriage gaining momentum in Indiana and across the nation, it is no surprise that protection from discrimination in the workplace based on sexual orientation and gender identity is most likely on the horizon.
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Gruber: NLRB announcement shakes up joint-employer standard

August 13, 2014
It is ironic that the week after Burger King’s new CEO is heralded for a profitability plan designed around the increase of franchises and the reduction of company-owned locations, the general counsel of the National Labor Relations Board directed officials to treat McDonald’s USA as a “joint employer” with its franchisees for purposes of the National Labor Relations Act.
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Making Rain: When a room full of strangers freaks you out

August 13, 2014
Dona Stohler
As most good rainmakers know, it is all about networking, and sometimes this means talking to people who are total strangers. It can be daunting to attend an event that your firm is sponsoring or a conference that your target market attends and be expected to “go out there and make new friends.”
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Loretta Rush wins praise, makes history as new chief justice

August 13, 2014
Dave Stafford
Loretta Rush had dinner with friends awhile back in her hometown of Lafayette, but the upcoming chief justice selection didn’t come up. Robert Reiling recalls a nice time talking about family.  “I’m sure in Indianapolis she’s Chief Justice Rush,” Reiling said. “In Lafayette, she’s Loretta to everyone.”
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Book review: Divorce case allows glimpse into amusing law firm matters

August 13, 2014
It begins with a ten year old’s Happy New Year greeting to her grandpa, including the sentence, “Mommy and Daddy are cranky.” It ends with a brief reminder on a lawyer’s personal legal stationary. In between these handwritten notes, “The Divorce Papers” tells a story about a divorce through legal documents, emails, court filings, news articles, a psychiatric report, statutes, judicial opinions, billable hour reports, invitations, and, of course, offers and counter-offers.
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Remembering former Indiana Justice Dixon W. Prentice

August 13, 2014
A former law clerk of Justice Dixon Prentice reflects on his time working with the justice.
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Hammerle On … 'Wish I Was Here,' 'Life Itself'

August 13, 2014
Robert Hammerle
Bob Hammerle says "Wish I Was Here" is one of those overlooked films that answers the question, "Is there anything worth a damn playing in the theater?"
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Court affirms termination of parental rights without case plan

August 12, 2014
Dave Stafford
Morgan County parents, including a father who dealt meth to a confidential informant while his wife and three minor children were present, lost an appeal of their termination of parental rights Tuesday.
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Long-time legal aid leader stepping down

August 12, 2014
Marilyn Odendahl
Indiana Legal Services executive director Norman Metzger has announced he will retire March 31, 2015, ending a tenure at the nonprofit that stretched more than four decades.
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MCBA to host membership drive

August 12, 2014
Marilyn Odendahl
The Marion County Bar Association is continuing to advance its mission with a special event to reconnect with past members and welcome new members.
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Appellate panel upholds dismissal in bridge case

August 12, 2014
 Associated Press
The dismissal of a lawsuit over the $2.3 billion Ohio River bridges under construction at Louisville has been upheld.
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Krauss appointed to Disciplinary Commission

August 12, 2014
IL Staff
A professor at Indiana University Robert H. McKinney School of Law has been appointed to the Indiana Supreme Court Disciplinary Commission.
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Indiana asks court to overturn gay marriage ruling

August 12, 2014
 Associated Press
Attorneys who want a federal appeals court to overrule a judge who threw out Indiana's gay marriage ban say there's no constitutional right to marry a person of the same sex.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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