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Medical-legal partnership honored for work on Medicaid waiver issue

April 22, 2015
Marilyn Odendahl
The integration between Eskenazi Health and Indiana Legal Services coupled with the sustained effort to remedy the waiver issue earned the Midtown Partnership national recognition. In April, the National Center for Medical-Legal Partnership presented the Indianapolis-based partnership with a 2015 Outstanding MLP Award.

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Helping to plan for difficult decisions

April 22, 2015
Marilyn Odendahl
Attorney volunteers offered their services during a pro bono clinic at Eskenazi Health in Indianapolis to give patients a little peace of mind.
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Marion County justice center debate proves divisive

April 22, 2015
Dave Stafford
Nearly a year-and-a-half after Indianapolis Mayor Greg Ballard, Marion County Sheriff John Layton and other community leaders laid out a vision for an Indianapolis criminal justice center, its future is clouded as late opposition resulted in a major setback to the plan.
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A killing in community corrections

April 22, 2015
Dave Stafford
Alan E. Cain drove on a forfeited license in March 2013, a probation violation that landed him in an Indianapolis work-release program. Sixteen days later, he was dead.
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Indiana Lawyer owner reflects on paper’s 25-year history

April 22, 2015
The Indiana Lawyer was launched 25 years ago with a quest to have a prestigious publication that would be educational and enjoyable, and have a positive impact on the legal community.
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Dearborn County judges headed to trial on discrimination claims

April 22, 2015
Marilyn Odendahl
Two judges and a magistrate judge in Dearborn County appear headed to trial in federal court on a discrimination claim arising from their decision not to provide a sign language interpreter for a courtroom spectator.
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Making Rain: Use these tips to improve email etiquette

April 22, 2015
Dona Stohler
Maybe you are thinking, “What does email etiquette have to with business development?” Generally, quite a lot.
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Living Fit: It's up to you to be happy

April 22, 2015
Sharon McGoff
For most of us, the answer to the question, “Are you happy?” depends upon who we’re with, our health, work life, finances and family dynamics.
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Hammerle On… 'Fast & Furious 7,' 'While We're Young'

April 22, 2015
Robert Hammerle
Bob Hammerle says even if you have to wear a disguise, you should go see "Fast & Furious 7."
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Criminal code revision gives no sentence relief for prior $30 theft

April 21, 2015
Dave Stafford
A LaGrange County man sentenced to two years executed for convictions of Class D felony counts of theft and attempted theft got no relief from his argument that the criminal code revisions enacted after his conviction would have been more lenient.
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COA tosses treble damages since access was not denied

April 21, 2015
Marilyn Odendahl
A feuding neighbor who twice entered the property next to hers to unplug a sump pump will not have to pay treble damages because the Indiana Court of Appeals found she did not commit criminal trespass.
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Appeals court affirms judgment for Valpo frat in student fight

April 21, 2015
Dave Stafford
A fraternity fight between two Valparaiso University students who had clashed before is not grounds to hold the local or national fraternities responsible for one of the student’s injuries.
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Possession of precursors ruled lesser-included offense of greater crime

April 21, 2015
Marilyn Odendahl
A man who fled his car and left a “Nazi method” methamphetamine lab behind for police to find was able to get part of his conviction overturned because officers did not find any of the actual illegal drug.
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City will push criminal justice center proposal at next council meeting

April 21, 2015
Dave Stafford
The proposed Indianapolis criminal justice center plan was not placed on the agenda of Monday’s City-County Council meeting, but Mayor Greg Ballard will seek to gather votes to pass the divisive 35-year private-public partnership next month. Ballard’s statement drew a rebuke from council chairwoman Maggie A. Lewis.
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Disbarment order details lawyer’s profane, intimidating rants

April 21, 2015
Dave Stafford
Suspended Fort Wayne attorney R. Mark Keaton for years left profanity-laced voicemails and emails that threatened and harassed his daughter’s college roommate with whom he had developed an intimate relationship a decade ago. He was disbarred Tuesday.
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7th Circuit affirms sentence, vacates release conditions

April 21, 2015
Dave Stafford
A Gary felon who tried to force a woman at gunpoint to have sex with him was not improperly sentenced to a federal term of 92 months in prison on top of his state court conviction for pointing a weapon, the 7th Circuit Court of Appeals ruled Monday.
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SCOTUS: Energy companies must face price-fixing claims

April 21, 2015
 Associated Press
The Supreme Court of the United States says a group of energy companies can be sued under state antitrust laws for illegally manipulating natural gas prices more than a decade ago during California’s energy crisis.
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Senate deal may yield attorney general vote

April 21, 2015
 Associated Press
U.S. Senate leaders announced a deal Tuesday to move forward on a stalled human trafficking bill, clearing the way for a vote on President Barack Obama's attorney general nominee within days.
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Tax Court panel to review resources, performance

April 21, 2015
IL Staff
The Indiana Supreme Court Monday announced the establishment of a task force to review the Tax Court’s operations.
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Bankruptcy judge’s swearing-in ceremony Wednesday

April 21, 2015
IL Staff
Judge Jeffrey J. Graham of the U.S. Bankruptcy Court for the Southern District of Indiana will be formally sworn in during a public ceremony at 3 p.m. Wednesday at the Birch Bayh Federal Courthouse in Indianapolis.
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Judge delays decision on NCAA concussion settlement

April 20, 2015
 Bloomberg News
A U.S. judge has declined to immediately approve the National Collegiate Athletic Association’s $75 million settlement of a lawsuit by college athletes who’ve suffered head injuries, giving a critic of the accord three weeks to file arguments opposing the revamped deal.
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Justices add 2 foreclosure cases to docket

April 20, 2015
Dave Stafford
A challenge to a foreclosure judgment against a bank that was reinstated by a divided Court of Appeals panel will be heard by the Indiana Supreme Court. Justices granted transfer in two mortgage foreclosure cases last week.
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IndyBar: ‘Move forward aggressively’ on justice center vote

April 20, 2015
Dave Stafford
The Indianapolis Bar Association urged the Indianapolis Marion County City-County Council on Monday to "move forward aggressively to construct the criminal justice facilities our city's citizens require."
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Judge: Notre Dame police aren't subject to open records law

April 20, 2015
 Associated Press
A judge in South Bend has ruled the University of Notre Dame’s police department isn't subject to Indiana’s open records laws, saying that is how the law has been understood for years and it would not be appropriate for the court to rewrite the statute.
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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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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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