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High court rejects terror victims’ claims against Chiquita

April 20, 2015
 Associated Press
The Supreme Court of the United States has rejected an appeal from relatives of thousands of victims of a guerrilla conflict in Colombia who want to sue Chiquita Brand International in U.S. courts.
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Racial retaliation claim against mover proceeds to trial

April 20, 2015
Dave Stafford
A moving company that allegedly permitted an environment of open racial hostility toward two African-American employees must face a jury on a complaint alleging discriminatory retaliation, a federal judge has ruled.
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Landscaper’s attorney fails to explain fee

April 20, 2015
Marilyn Odendahl
A landscaping company’s award for attorney fees has been sent back to small claims court for reconsideration after the business and the attorney failed to submit documentation supporting the fee amount.
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Judgment for Planned Parenthood stands, but not for minor’s ID provider

April 17, 2015
Dave Stafford
A woman who gave her son’s 17-year-old girlfriend another person's ID and posed as her mother to help her obtain an abortion was not properly dismissed from a lawsuit brought by the pregnant girl’s mother, the Indiana Court of Appeals ruled Friday. Summary judgment in favor of Planned Parenthood of Indiana was proper, the court held.
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Lawsuit claims IU Health, midwifery practice risked lives

April 17, 2015
 Associated Press
A federal whistleblower lawsuit says IU Health and midwifery practice HealthNet defrauded the government of millions of dollars and put low-income pregnant women at risk.
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Death penalty sought in suspected serial killings

April 17, 2015
 Associated Press
Prosecutors in Crown Point are seeking the death penalty against a Gary man charged in the slayings of two women and suspected in the deaths of five others.
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Hope town marshal to spend 2 weeks in jail

April 17, 2015
 Associated Press
A southern Indiana town marshal will spend two weeks in jail after a jury in Columbus convicted him of felony misconduct and misdemeanor false informing.
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World IP Day event to explore intersection of music, law, business

April 17, 2015
Dave Stafford
An accomplished string trio will be the centerpiece of Indianapolis' World Intellectual Property Day event that will explore how legal issues connect with the art and business of the music world.
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Indiana Lincoln funeral train commemorations planned

April 17, 2015
Dave Stafford
A commemoration of the 150th anniversary of the Abraham Lincoln funeral train's arrival in Indianapolis will take place April 30 at the Indiana Statehouse. The event will include a re-enactment of the somber ceremony for the assassinated president.
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IU McKinney hosts summer program for undergrads to explore legal careers

April 16, 2015
IL Staff
Indiana University Robert H. McKinney School of Law is looking for current college students who have an interest in pursuing a legal career for its 2015 Summer Law and Leadership Academy.
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Chief Justice John Roberts not picked for jury duty

April 16, 2015
 Bloomberg News
It doesn't matter how high up you are: You'll still get called for jury duty.
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Court skeptical of challenge to Obama's climate change plan

April 16, 2015
 Associated Press
Two out of three judges on a federal appeals court panel are expressing doubts about a legal challenge to the Obama administration's far-reaching plan to address climate change.
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Court must consider man’s self-defense claim at new bail hearing

April 16, 2015
Jennifer Nelson
A defendant accused of murder must be allowed to present evidence and witnesses at a bail hearing in an endeavor to rebut the state's burden that the defendant likely committed murder, the Indiana Court of Appeals held Thursday. Since that did not happen in James Satterfield's case, the judges remanded the matter for further proceedings.
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Judges order home invasion sentence lowered

April 16, 2015
Jennifer Nelson
Noting that a defendant who broke in to an elderly couple's home and beat the husband would have received a lesser sentence if he had actually killed the victim, the Indiana Court of Appeals ordered Jeffrey Hunt's 120-year sentence revised.
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Judge lets amputee's lawsuit against Indiana sheriff continue

April 16, 2015
 Associated Press
A judge has greenlighted a federal lawsuit brought against a central Indiana jail by an amputee who fell from an upper bunk and was injured when he damaged his prosthetic leg.
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Councilors allegedly offered millions in projects for justice center votes

April 15, 2015
Dave Stafford
Indianapolis City-County Council Chief Financial Officer Bart Brown said councilors have told him they’ve been offered up to $50 million in projects spread among five districts if they vote to approve the proposed $1.6 billion criminal justice complex.
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Sewer company entitled to attorney fees over frivolous appeal

April 15, 2015
Jennifer Nelson
Three people required to connect their properties to a not-for-profit sewer company – who later were held in contempt for not doing so – must pay appellate attorney fees to the sewer company because the individuals sought to re-litigate the judgments instead of challenge the contempt orders.
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Senate narrowly backs repeal of construction wage law

April 15, 2015
 Associated Press
The Indiana Senate has narrowly approved a Republican-led push to repeal the state law that sets wages for public construction projects.
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7th Circuit: No plain error in not applying 'safety valve' in sentencing

April 15, 2015
Jennifer Nelson
Whether firearms belonging to co-conspirators in a drug ring attributed to a defendant for purposes of the firearm sentence enhancement can be considered for a two-level reduction in her offense level under the so-called “safety valve” for nonviolent, first-time drug offenders is a matter of first impression for the 7th Circuit Court of Appeals. But the judges declined to address the issue because the woman failed to raise it at sentencing.
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Records: Ex-IPFW chancellor, Purdue settled suit for $52,500

April 15, 2015
 Associated Press
Documents say Purdue University paid $52,500 to a former Fort Wayne campus chancellor in a settlement over an age discrimination lawsuit.
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Murderer’s writ for relief denied by 7th Circuit

April 15, 2015
Jennifer Nelson
For the fourth time, a northern Indiana man’s appeal of his death sentence for four murders has come before the 7th Circuit Court of Appeals. This time, the judges affirmed the denial of his writ for habeas corpus.
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Denial of expungement of child neglect case upheld by judges

April 15, 2015
Jennifer Nelson
A woman seeking to expunge a substantiated report of child neglect in order to keep her job as a cook at a child care provider did not meet the necessary statutory requirements to grant the expungement, the Indiana Court of Appeals affirmed Wednesday in a case of first impression.
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Man’s challenges to admonition waived because he did not object at trial

April 15, 2015
Jennifer Nelson
A man convicted of battering and strangling his daughter's boyfriend did not object to an admonition given to the jury over statements made during his testimony, so he waived appellate review of his arguments, the Court of Appeals held Wednesday.
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COA affirms Evansville police officer’s firing for grabbing teen’s crotch

April 15, 2015
Jennifer Nelson
A longtime Evansville police officer who was fired for rule violations after he grabbed a teen’s crotch at a school where the officer also worked as a security officer lost the appeal of his termination before the Indiana Court of Appeals Wednesday.
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Indiana lawmakers reject extending civil rights protections

April 15, 2015
 Associated Press
Republicans in the Indiana House of Representatives turned aside an effort Tuesday to extend nondiscrimination protections for gays and lesbians in response to the uproar over the new religious objections law.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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