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Judges dismiss appeal over deposition prep time

April 24, 2015
Jennifer Nelson
Because a trial court's decision to deny ordering the defendants to pay for the time the plaintiffs' expert witness spends preparing for his defense deposition is not a final judgment, the plaintiffs should have appealed under Ind. Appellate Rule 14(B). Since they did not, the Indiana Court of Appeals dismissed their appeal.
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County can’t raise tax to fund emergency expenses

April 24, 2015
Jennifer Nelson
The Indiana Tax Court affirmed the decision by the Department of Local Government Finance to deny the Clark County Board of Commissioners' request to increase the county's Cumulative Capital Development Fund tax rate for the 2012 budget year. The county sought the additional funds for a rainy day fund and to cover unexpected emergency costs.
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Lynch to be sworn in as US attorney general on Monday

April 24, 2015
 Associated Press
United States Attorney General Loretta Lynch assumes a portfolio that includes fighting terrorism, preventing cyberattacks and dealing with police and race — issues strikingly similar to what she's dealt with as top federal prosecutor for much of New York City and its eastern suburbs.
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SEC: Indy-based Veros’ farm loans defrauded 80 of $15 million

April 24, 2015
Dave Stafford
The Securities and Exchange Commission has filed a federal lawsuit against Indianapolis-based Veros Partners Inc. and multiple related co-defendants. The SEC alleges the financial advisers defrauded 80 farm-loan investors of $15 million in 2013 and 2014, using those proceeds to repay earlier investors.
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Justices affirm LWOP sentence, admission of suicide note

April 24, 2015
Jennifer Nelson
A southern Indiana man challenging his robbery and murder convictions and sentence to spend the rest of his life in prison lost his appeal before the Indiana Supreme Court Thursday. The justices rejected the man’s claim that his sentence should be reduced to a term of years.
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Madison Co. prosecutor asked to look into primary ballots

April 24, 2015
 Associated Press
Election officials in a central Indiana county are asking authorities investigate ballots cast in its upcoming Democratic Party primary election.
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Bank wins partial victory in suit stemming from overdraft fees

April 23, 2015
Jennifer Nelson
A bank being sued by customers over how it orders transactions – allegedly to maximize profits from overdraft fees – is entitled to summary judgment on most of the state claims alleged by customers in a class-action lawsuit, the Indiana Court of Appeals ruled Thursday.
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Handgun properly admitted at juvenile’s hearing

April 23, 2015
Jennifer Nelson
A handgun discarded by a teen after seeing a marked police car – and later picked up by the officer who saw the teen throw the gun into a yard – was properly admitted at his delinquency hearing, the Indiana Court of Appeals affirmed.
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IU McKinney to directly admit top IUPUI undergrads

April 23, 2015
Jennifer Nelson
Indiana University Robert H. McKinney School of Law announced Thursday that it has instituted a new program that allows undergraduates at Indiana University-Purdue University Indianapolis to skip taking the LSAT and apply directly to the law school.
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Advisory opinion issued about ex parte petitions for temporary custody

April 23, 2015
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has issued an advisory opinion to judges in response to numerous ethical complaints about judges granting ex parte petitions for temporary custody in non-emergency cases or when there was no attempt to provide notice to the adverse party.
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Justices rule in favor of Anthem in excess insurance disputes

April 23, 2015
Jennifer Nelson
Anthem Inc. is entitled to its costs of settling litigation in which the insurance giant was accused of improperly handling claims, the Indiana Supreme Court ruled Wednesday. The reinsurance companies argued that coverage was barred based on the excess insurance policies.
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Evansville Bar hosts annual law celebration

April 23, 2015
Marilyn Odendahl
The Evansville Bar Association will once again be celebrating the law and the legal profession as part of its annual Law Week commemoration.
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Monroe Circuit courts closed until April 26

April 22, 2015
IL Staff
Courts in Bloomington will be closed the rest of this week due to a plumbing backup that Monroe Circuit Court Presiding Judge Valeri Haughton said has created a health emergency.
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Graham takes ceremonial oath on federal bankruptcy court

April 22, 2015
Dave Stafford
Jeffrey J. Graham was formally sworn in Wednesday as the newest – and youngest – judge on the U.S. Bankruptcy Court for the Southern District of Indiana.
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Court reverses convictions from robbery due to double jeopardy concerns

April 22, 2015
Jennifer Nelson
Three of a man’s eight convictions stemming from his robbery of acquaintances were reversed or reduced because  the convictions or elevated classes were based on the same elements of the crime, the Indiana Court of Appeals held Wednesday.
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Attorney did not breach any duty owed to Conour clients

April 22, 2015
Jennifer Nelson
An Indianapolis attorney who spent several years working in a firm with attorney William Conour satisfied his legal duty to clients of Conour based on his lack of knowledge of any specific wrongdoing by Conour related to the clients, the Indiana Court of Appeals ruled. Conour is currently in federal prison for stealing from client settlement funds.
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Ball State students learn secrets behind cyber forensics

April 22, 2015
 Associated Press
If any computers or smartphones were to be confiscated during the investigation of recent identity thefts at Ball State University, BSU instructor Vinayak Tanksale's students would know what to do before examining the evidence.
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Indiana Senate backs bill loosening rules on wine sales

April 22, 2015
 Associated Press, IL Staff
Indiana residents will have an easier time having wine shipped to their homes under a bill approved by state lawmakers.
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Hospital's 41(E) motion not timely filed, rules COA

April 22, 2015
Jennifer Nelson
The Indiana Court of Appeals decided in a case of first impression that a hospital, which filed its Ind. Trial Rule 41(E) motion to dismiss on the same day the plaintiff resumed prosecution of the case, did not timely file its motion.
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High court makes it easier to sue government for negligence

April 22, 2015
 Associated Press
The Supreme Court of the United States on Wednesday made it easier for people to sue the federal government for negligence, in a decision that could affect military veterans with claims of medical malpractice.
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COA: Man can petition for sentence modification under new statute

April 22, 2015
Jennifer Nelson
The Indiana Court of Appeals decided Wednesday that a man sentenced in 2006 could petition for a sentence modification under a new 2014 statute that no longer required prosecutorial consent. But the judges decided that his petition for sentence modification should be denied.
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Teen must pay restitution despite terminated probation

April 22, 2015
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals held that an Indianapolis teen is still required to pay restitution to the person he was involved in an auto accident with, even though the juvenile court discharged him from probation.
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Sanctioning Bettie Page

April 22, 2015
Dave Stafford
Bettie Page’s name and image popularized by once-scandalous pinups from the 1940s and 1950s remain hot properties still able to stir up trouble.
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Intellectual property issues are increasingly arising in other practice areas

April 22, 2015
Marilyn Odendahl
Intellectual property is no longer the geeky practice area, and it is going to continue to become more and more prominent. Patent and trademark issues continue to emerge in practice areas such as family law, estate planning and business law.
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Lechleiter: PTO improves adversarial procedures for challenging patents

April 22, 2015
As the U.S. Patent and Trademark Office issues more and more patents each year, inevitably many companies will find themselves named as defendants in patent-infringement litigation.
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  2. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  3. Don't we have bigger issues to concern ourselves with?

  4. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  5. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

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