Latest News

Navigating the patent process

July 7, 2010
Michael Hoskins
Attorneys in the intellectual property arena waited for “the case” to come down during the past year, but what they got June 28 was anything but the landmark decision so many lawyers expected.
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Renovations under way at federal courthouseRestricted Content

July 7, 2010
Michael Hoskins
As attorneys and judges continue filing and litigating cases in the U.S. District Court for the Southern District of Indiana, a renovation project is underway and adding new life into the federal courthouse in downtown Indianapolis.
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What's a patent worth?Restricted Content

July 7, 2010
Rebecca Berfanger
The question of “What is my patent worth?” is never an easy one to answer, according to intellectual property attorneys and others who specialize in helping patent holders determine what they should expect for a patent.
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Indiana Supreme Court review analyzes trends, voting patternsRestricted Content

July 7, 2010
Michael Hoskins
Every summer, an attorney-authored review analyzes and highlights the Indiana Supreme Court’s activity during the past year. But only rarely does that report come at a time when the state’s highest court is seeing change.
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Interviews for next justice under way today

July 6, 2010
Michael Hoskins
One by one, attorneys are appearing before the seven-member Indiana Judicial Nominating Commission to explain why they should be the next Indiana Supreme Court justice.
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Canine sniff case gets second look, same ruling

July 6, 2010
Elizabeth Brockett
On a rehearing petition from the state, the Indiana Court of Appeals reaffirmed today its holding in reversing a conviction based on a traffic stop involving a canine sniff.
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Court affirms felony nonsupport of a dependent conviction

July 6, 2010
Elizabeth Brockett
A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction of Class C felony nonsupport of a dependent child.
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High court opening process wasn't public 25 years ago

July 2, 2010
Michael Hoskins
The nearly three-dozen attorneys who’ve applied to become the state’s newest justice sets a record for the past 25 years, but it falls short of the number who’d applied for an Indiana Supreme Court post a quarter century ago.
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Lawyer privately reprimanded for hiring inmate

July 2, 2010
The Indiana Supreme Court handed down a private reprimand to a Shelby County attorney who engaged in misconduct by hiring a nonlawyer inmate to help research and prepare a post-conviction relief petition for another client.
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District judge asks court to answer certified question

July 2, 2010
Jennifer Nelson
The U.S. District Court in the Southern District of Indiana is asking the state’s Supreme Court to accept a certified question in litigation involving the Indiana Products Liability Act.
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High court names ICLEO participants

July 2, 2010
IL Staff
The Indiana Supreme Court has announced the 26 participants in this year’s Indiana Conference for Legal Education Opportunities Summer Institute.
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Police entry violated man's constitutional rights

July 1, 2010
Jennifer Nelson
The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs found in the man’s apartment must be suppressed.
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Justices: no summary judgment for grocer in negligence suit

July 1, 2010
Jennifer Nelson
The Indiana Supreme Court upheld the denial of a supermarket’s motion for summary judgment in a negligence case, finding the company failed to carry its burden in showing that criminal activity on its premises at the time a customer was assaulted wasn’t foreseeable.
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1-year limit toll not extended by appeal

July 1, 2010
Jennifer Nelson
The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals ruled today in an issue of first impression.
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34 apply to become next Indiana justice

July 1, 2010
Jennifer Nelson
There are a lot of people in Indiana who want to become the state’s next Supreme Court Justice. 
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COA finds fundamental error in juvenile case, again

June 30, 2010
Jennifer Nelson
In a case identical to one it ruled on earlier this year, the Indiana Court of Appeals found the state violated a juvenile’s right to counsel at her detention hearing.
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Booking card exception to hearsay rule

June 30, 2010
Jennifer Nelson
A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.
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Justices address economic loss rule in 2 opinions

June 30, 2010
Jennifer Nelson
In two separate rulings involving the “economic loss rule,” the Indiana Supreme Court ruled against a library seeking to hold subcontractors and an engineer responsible for negligence, and in favor of a bank in its tort claim against a title company.
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Water company not a political subdivision

June 29, 2010
Jennifer Nelson
The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana Court of Appeals concluded today.
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Justices address habitual-offender statute

June 29, 2010
Jennifer Nelson
The Indiana Supreme Court tackled the state’s habitual-offender statute today in two separate rulings, finding that an instant offense of drug dealing, coupled with a prior conviction, can qualify a defendant as a habitual offender.
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COA balances free speech vs. minor's privacy rights

June 29, 2010
Jennifer Nelson
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
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Justices answer certified question

June 29, 2010
Jennifer Nelson
The Indiana Supreme Court Monday answered the certified question sent to them by the U.S. District Court in New York about what standard should be applied in determining whether a director is “disinterested” under Indiana Code Section 23-1-32-4(d).
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High court takes 4 cases

June 29, 2010
IL Staff
The Indiana Supreme Court granted four transfers June 24, including one in which the Indiana Court of Appeals extended the duty to prevent injury to sports participants to include sporting event volunteers.
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COA reverses judgment on 1 cross-claim in library appeal

June 28, 2010
Jennifer Nelson
The Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach of professional standard of care, the Indiana Court of Appeals ruled today.
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SCOTUS has historic day in ending session

June 28, 2010
Michael Hoskins
On a historic day for the Supreme Court of the United States, one justice stepped down after more than three decades as his successor began her confirmation hearings before the U.S. Senate Judiciary Committee.
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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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