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Widow not entitled to attorney fees in wrongful death case

September 15, 2015
Marilyn Odendahl
Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.
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Tickets for benefit dinner featuring journalist Bob Woodward now available

September 14, 2015
Marilyn Odendahl
Reservations for the Indiana Bar Foundation’s 65th anniversary dinner are now available online.
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COA affirms child support, debt division orders

September 14, 2015
Dave Stafford
The Indiana Court of Appeals Monday rejected an adoptive father’s argument that he was ordered through a dissolution order to pay too much in child support, including a retroactive amount creating an arrearage. 
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Judges to join students in Constitution Day celebration

September 14, 2015
Marilyn Odendahl
Indiana appellate and trial court judges along with Indiana Supreme Court attorneys will be celebrating Constitution Day by visiting with more than 2,500 students across the state.
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Kentucky clerk won't interfere with gay marriage licenses

September 14, 2015
 Associated Press
Clerk Kim Davis returned to work Monday for the first time since being jailed for disobeying a federal judge and said she was faced with a “seemingly impossible choice” between following her conscience and losing her freedom over denying marriage licenses to gay couples.
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Pool appeal sinks Carmel homeowner deeper underwater

September 14, 2015
Dave Stafford
A Carmel homeowner who stopped paying a contractor over quibbles with an in-ground pool installation filed a lawsuit that flopped at the trial court. His appeal went no more swimmingly.
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Snarky former prosecutor no match for plan commission

September 11, 2015
Marilyn Odendahl
A former prosecuting attorney who denied the truckloads of dirt dumped on his Boone County farm caused drainage problems got buried under a $519,400 fine.
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Indiana ceremony recalls victims of Sept. 11 terror attacks

September 11, 2015
 Associated Press
Indiana's governor and first lady joined in a moment of silence during a ceremony marking the 14th anniversary of the Sept. 11 terrorist attacks.
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Former head of Jared Foundation has court hearing

September 11, 2015
 Associated Press
An Indiana man whose criminal case led to federal charges against former Subway pitchman Jared Fogle has appeared in court for an initial hearing on child exploitation charges.
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COA upholds guest statute in auto injury case

September 11, 2015
Marilyn Odendahl
An attempt to revive old constitutional arguments against Indiana’s guest statute failed to gain traction with the Indiana Court of Appeals.
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COA reiterates Indiana has no private right of action in child abuse cases

September 11, 2015
Marilyn Odendahl
Despite a mother’s assertion that she was actually filing a medical malpractice complaint, the Indiana Court of Appeals ruled her complaint was a private right of action for failure to report child abuse, which is not recognized in Indiana.
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Shoddy documents draws COA ire

September 11, 2015
Marilyn Odendahl
After appearing to shrug off the need to authenticate documents, a company claiming to own the appellant’s credit card debt got a lesson in Indiana court rules and precedence.
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Teenager loses privacy argument with mom

September 11, 2015
Marilyn Odendahl
A common argument from teenagers that mom has no right to search their rooms created a case of first impression for the Indiana Court of Appeals. And the appellate court affirmed with the common response that in mom’s house, mom has access.
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A spate of deals brings work for M&A attorneys

September 11, 2015
 Bloomberg News
A slew of deals were announced on Tuesday, representing an uptick in mid-size to multi-billion dollar deals in industries from media to hospitality. And of course that meant more work for transactional lawyers at many firms.
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Change in tax law allows profitable retailer to receive refund

September 10, 2015
Marilyn Odendahl
A ruling from the Indiana Tax Court has positioned a retailer who recorded a banner year in sales and growth in 2003 to get a tax refund from the state of Indiana.
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Lawsuit: IMPD officers fatally shot unarmed man

September 10, 2015
Dave Stafford
The family of an Indianapolis man fatally shot by police sued the city and numerous other defendants Thursday in a civil rights lawsuit claiming he was unarmed, unjustifiably shot in the back, and the victim of a police cover-up.
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LGBT rights supporters begin campaign seeking civil rights

September 10, 2015
 Associated Press
The anti-discrimination group Freedom Indiana launched a campaign Wednesday pushing for a new law giving equal rights and protections to lesbian, gay, bisexual and transgender people statewide.
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IU Maurer, national law firm to offer unique educational program

September 10, 2015
Marilyn Odendahl
From bachelor’s degree to J.D. to a job, Indiana University Maurer School of Law is providing a smooth transition for talented undergraduates interested in finance and the law.
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Diocese appeals $403K award to former Fort Wayne teacher

September 10, 2015
 Associated Press
The Roman Catholic Diocese of Fort Wayne-South Bend has appealed a judgment of more than $403,000 to be paid to a former language arts teacher who was fired after seeking several in vitro fertilization treatments.
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Ex-lawyer accused of bilking relatives pleads not guilty

September 10, 2015
 Associated Press, IL Staff
A former Madison attorney accused of bilking relatives out of nearly $2 million has pleaded not guilty to those charges.
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Indiana Supreme Court affirms Kentucky lawyer not a Hoosier

September 10, 2015
Marilyn Odendahl
A Kentucky attorney who never practiced north of the Ohio River got the Indiana Supreme Court to agree she was not a Hoosier.
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7th Circuit: Marion County judge elections unconstitutional

September 9, 2015
Dave Stafford
The way Marion County judges are elected is unconstitutional, the 7th Circuit Court of Appeals ruled Wednesday, throwing out a system that assured an even split of Democratic and Republican judges and facilitated a pay-to-play party slating system.
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Judge orders resentencing for Indiana teen in sex case

September 9, 2015
 Associated Press
A judge in Niles, Michigan, has ordered resentencing for a 19-year-old from Indiana who had to register as a sex offender in two states because he had consensual sex with a 14-year-old Michigan girl he met online who lied about her age.
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Child interviewer’s vouching testimony reverses molest convictions

September 9, 2015
Dave Stafford
A man convicted of three counts of Class A felony child molesting must be retried because the trial court erred by admitting testimony from a forensic interviewer who said there was no evidence the alleged victims had been coached.
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Tax Court affirms assessments in exclusive addition

September 9, 2015
Dave Stafford
Arguments that land assessments in one of Allen County’s most exclusive residential additions should have been about one-third of the final valuation failed to persuade the Indiana Tax Court.
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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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