Latest News

DCS to host Foster Families Night at Gary baseball stadium

August 10, 2011
IL Staff
As a part of the series of events the Indiana Department of Child Services is holding to show appreciation for foster families, a Foster Families Night will be held Aug. 13 at the Gary SouthShore RailCats game.
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Judges won’t revisit associational standing issue on same case

August 9, 2011
Michael Hoskins
Finding it had already ruled on an associational standing question six years ago in the same case, the Indiana Court of Appeals has denied an electric utility's attempt to re-litigate that issue based on the law-of-the-case doctrine.
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COA: Suit against sewer district isn’t a public lawsuit

August 9, 2011
Jennifer Nelson
The Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana Court of Appeals ruled Tuesday.
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Court rules on duty of care for healthy trees in residential areas

August 9, 2011
Michael Hoskins
The Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property based on the size and where they are planted.
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Public Defender Commission report now online

August 9, 2011
IL Staff
The Indiana Public Defender Commission report is now available online. The Public Defense Fund returned more than $16 million to Indiana counties during the last fiscal year.
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Indiana joins suit against for-profit college company

August 9, 2011
IL Staff
Indiana has filed a joint complaint in a whistleblower suit against Education Management Corp., which alleges the for-profit college company and two of its subsidiaries received more than $12 million in state financial aid after making false claims and misrepresentations to the state.
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Bankruptcy court amends local rules

August 9, 2011
IL Staff
The United States Bankruptcy Court for the Northern District of Indiana has adopted revisions to its local rules, which took effect Aug. 3.
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Circuit judges order court to take another look at Batson challenge

August 8, 2011
Jennifer Nelson
Based on the record before them, the 7th Circuit Court of Appeals judges were unable to make an informed decision about the District Court’s decision to deny a defendant’s Batson challenge, so the judges sent the case back to the lower court.
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7th Circuit upholds mail fraud convictions

August 8, 2011
Jennifer Nelson
Although it found the evidence presented in a mail fraud case “thin,” the 7th Circuit Court of Appeals viewed it as enough to send the case involving three Calumet Township Trustee’s Office employees to the jury.
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Online court employee training begins Aug. 18

August 8, 2011
IL Staff
In an effort to give a general introduction of the judicial system to new trial court employees, a new online training program has been created and is now open for enrollment.
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Scott County joins statewide CMS

August 8, 2011
IL Staff
Scott County is the latest county to become connected to Odyssey, a case management system that has slowly been implemented throughout the state.
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Lawyer can argue for cost-of-living adjustment for increased fees

August 5, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has decided that an attorney that successfully represented a client in a Social Security disability benefits suit should be allowed to make a request for a cost-of-living adjustment that would exceed the maximum $125 per hour that can be awarded under the Equal Access to Justice Act.
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UPL victims urged to claim refunds

August 5, 2011
IL Staff
The Office of the Indiana Attorney General is asking the victims of the United Financial Systems unauthorized practice of law case to apply soon if they want to receive restitution.
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Bankruptcy filings drop

August 5, 2011
IL Staff
The number of people filing for bankruptcy around the United States has decreased as compared to the same time last year, according to the Administrative Office of the U.S. Courts.
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Deadline for Shook Scholarship extended

August 5, 2011
IL Staff
The Indianapolis Bar Foundation has extended the deadline for its Neil E. Shook Scholarship, which is given to a second-year student at Indiana University School of Law – Indianapolis.
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Judges reverse ruling mechanic's lien has priority over mortgages

August 5, 2011
Jennifer Nelson
The Indiana Court of Appeals ruled there was no reason for a trial judge to disregard the state’s priority statutes regarding liens and mortgages and find that a construction company’s mechanic’s lien has priority over previously recorded mortgages.
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COA applies sports injury conduct rule

August 4, 2011
Michael Hoskins
Less than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate appellate court is now applying the new rule regarding how liability should be determined.
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AG: DCS out-of-state placements shouldn’t be reviewable by courts

August 4, 2011
Michael Hoskins
An Indiana Supreme Court decision upholding three statutes relating to juvenile judges’ authority on out-of-state placement cases created what the state attorney general’s office calls too much confusion, and the justices should revisit the ruling it made a little more than a month ago.
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Judges order hearing on unemployment benefits

August 4, 2011
Jennifer Nelson
A man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.
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COA divided on whether 'bully' comments require new trial

August 3, 2011
Jennifer Nelson
The Indiana Court of Appeals split in affirming a man’s drunk-driving conviction, with the dissenting judge finding the prosecutor’s questions to the jury and repeated reference to the defendant as a bully at trial made a fair trial impossible.
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Protective Order Pro Bono Project launches pro se clinic

August 3, 2011
IL Staff
The Protective Order Pro Bono Project, which provides pro bono legal assistance to indigent victims of domestic violence in Marion County to obtain and enforce protection orders, is starting a pro se clinic this month.
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Grilling guru

August 3, 2011
Jenny Montgomery
Before attorney Mark Nicholson left for work, he placed a slab of spare ribs on his indoor slow-cooker grill. By 4 p.m., the aroma of the meat – seasoned with Nicholson’s secret “magic dust” – is so enticing that it could cause even the most diehard vegetarian to waiver.
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Looking back on rulings

August 3, 2011
Michael Hoskins
Looking in the rearview mirror on judicial precedent is a task that every judge on every court faces.
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Registration goes online

August 3, 2011
Michael Hoskins
Entering the 21st century is no longer optional for Indiana lawyers. When it comes to attorney registration, paper forms are history to make way for a new web portal.
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Young lawyer and longtime friend create feature film

August 3, 2011
Jenny Montgomery
Indiana history buffs may remember Eugene V. Debs as the five-time Socialist candidate for president who, in 1918, represented himself in his own sedition trial, in defense of his anti-war statements. Now, two young filmmakers have added a new chapter to the life of the Terre Haute native, creating a fictional descendant – a hard-drinking grandson – who aims to become governor of Indiana.
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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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