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Indiana appeals $62.8 million tobacco settlement reduction

December 4, 2013
IL Staff
The state is appealing an arbitration panel ruling from September that reduced by $62.8 million the amount due from tobacco companies to offset Indiana’s health costs associated with treating sick smokers and tobacco users.
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Government may appeal Conour’s 10-year sentence

December 4, 2013
Dave Stafford
Federal prosecutors who argued for tougher punishment may appeal the 10-year sentence imposed in October for former attorney William Conour who pleaded guilty to a single count of wire fraud.
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Husband can’t recover insurance proceeds after wife burns down house

December 4, 2013
Jennifer Nelson
The Indiana Court of Appeals Wednesday held that when an insurance company includes an explicit exclusion in its policy to cover loss resulting from an intentional act by a co-insured, the court will enforce that exclusion. Because a man’s policy included such an exclusion, he can’t recover insurance proceeds after his wife burnt down their home on purpose.
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Christie elected to Judicial Nominating Commission

December 4, 2013
Dave Stafford
Lawyers have elected Indianapolis attorney Lee Christie to the Judicial Nominating Commission.
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State, IBM contest $62 million award for canceled welfare contract

December 4, 2013
Dave Stafford
Indiana Court of Appeals judges spent the better part of a 90-minute oral argument Nov. 25 focused on whether a trial judge’s order applied the proper legal standards in awarding $62 million to IBM after the state canceled its $1.3 billion contract to overhaul Indiana’s welfare administration.
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Midwest firms are forgoing headquarters

December 4, 2013
Dave Stafford
The recent Taft merger shows that expansion leads to a shrinking of traditional "home office" roles.
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Legal service nonprofits look to private dollars as public funds shrink

December 4, 2013
Marilyn Odendahl
The alteration the Indianapolis Legal Aid Society made this season to its letters soliciting donations reflects a strategic decision by the nonprofit to go after higher contributions and underscores the need for service organizations of any kind to be aggressive.
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Mid-sized firms work connections

December 4, 2013
Dave Stafford
A small circle, including an Indiana lawyer, helped to build and sustain the global network Legal Netlink Alliance.
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Kraft wins in food fight with Cracker Barrel

December 4, 2013
Dave Stafford
A federal appeals court ruled recently that savvy consumers might be confused if food branded Cracker Barrel Old Country Store was sold in grocery stores that carry Kraft’s Cracker Barrel brand cheese. Turns out even a law professor who teaches a course on trademarks and unfair competition might be fooled.
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Fewer LSATs show reduced undergrad interest in law

December 4, 2013
Marilyn Odendahl
The continued drop in the number of people taking the LSAT has brought more worries about the future of law schools; however, many would-be applicants may just be waiting for the economy to improve before they try for admission.
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Rising bar association memberships linked to jobs and social activities

December 4, 2013
Marilyn Odendahl
A boost in membership rolls at some bar associations around the state is credited to the changing employment landscape in the legal community. People are joining the organizations because they are getting jobs or because they want to network to get future jobs.
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Judge finds Google's book project 'transformative'

December 4, 2013
Marilyn Odendahl
Attorneys differ on whether the recent ruling benefits society or opens the door for infringement.
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Gallagher: Does USPTO favor an international model?

December 4, 2013
In the new first-to-file system, the person who filed a patent application first would receive the benefit of getting the 20-year monopoly. However, there appear to be more subtle changes geared toward an international/European model that could substantially affect an inventor’s ability to obtain a patent in the United States, although these changes could be limited in duration.
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Start Page: Is your data in the cloud really out of (your) control?

December 4, 2013
In today’s rapidly changing technology environment, programmers update software frequently. Your choice: accept the changes or move on. When was the last time you went more than a day without an update request from your smartphone?
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INBOX: State bar needs to speak up on marriage equality

December 4, 2013
Shawn Marie Boyne writes that the Indiana State Bar Association needs to speak up in defense of marriage equality like the American Bar Association has.
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Indiana Judges Association: 'You can't eat the Constitution'

December 4, 2013
David Dreyer
Like most judges, Shay Minton’s achievements were numerous, but largely unmeasured.
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Hammerle on ... 'The Hunger Games: Catching Fire','Dallas Buyers Club'

December 4, 2013
Robert Hammerle
Bob Hammerle roots for Jennifer Lawrence's Katniss Everdeen in the newest "Hunger Games" movie.
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Notre Dame refiles suit against Obamacare ‘contraception mandate’

December 3, 2013
IL Staff
The University of Notre Dame has refiled a federal lawsuit seeking to block enforcement of the so-called contraception mandate included in the Patient Protection and Affordable Care Act.
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Denial of SSI reversed for failure to consider mental health

December 3, 2013
Marilyn Odendahl
A woman who claimed disability in part because of her diminished mental health will get another chance to present her case after the 7th Circuit Court of Appeals found the administrative law judge did not properly consider the opinions and testimony regarding the woman’s mental condition.
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Sentenced as adult at 12, new plea may free Gingerich at 18

December 3, 2013
Dave Stafford
A boy who at age 12 was convicted of conspiracy to commit murder and improperly sentenced as an adult to serve 25 years in prison may be freed when he turns 18, according to a pending plea agreement.
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Schools get $14 million settlement in ISTA, NEA securities suit

December 3, 2013
IL Staff
Four-year-old litigation over $27 million lost by at least 27 Indiana public school systems that invested in a troubled teachers union-sponsored health insurance plan has concluded with a settlement in which schools will receive about $14 million.
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Commission recommends removing embattled judge

December 2, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown should be removed from office, the Indiana Judicial Qualifications Commission recommends in findings of fact compiled after the weeklong hearing of a 47-count complaint that concluded Nov. 10.
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Notre Dame Law School launches exchange program with China

December 2, 2013
Marilyn Odendahl
The University of Notre Dame Law School will be starting a student exchange program with two elite law schools in China.
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Insurance employee loses overtime appeal

December 2, 2013
Dave Stafford
An insurance company employee lost an appeal for overtime compensation when the 7th Circuit Court of Appeals on Wednesday affirmed a District Court grant of summary judgment in favor of the employer.
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Non-custodial parent must still pay arrearages to cover funeral expenses

November 27, 2013
Marilyn Odendahl
An emancipated child will be able to collect child support arrearages to pay for her custodial parent’s funeral but she and her sibling will not be allowed to accept the remainder of the accrued support payments, ruled the Indiana Court of Appeals.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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