Latest News

Supreme Court won't hear case of wrongly convicted men

March 23, 2015
 Associated Press
The Supreme Court of the United States won’t hear an appeal from two former Louisiana inmates who were wrongly convicted of murder and wanted to sue prosecutors for damages after spending 28 years in prison.
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Life insurance bankruptcy exemptions apply to nondependent spouses, children

March 20, 2015
Dave Stafford
The Indiana Supreme Court Friday settled a certified question on whether nondependent spouses and children enjoy the exemption granted to life insurance policy beneficiaries who are “the spouse, children, or any relative dependent upon” the debtor. They do, the court concluded.
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Floyd County prosecutor accused of misconduct

March 20, 2015
 Associated Press
A complaint has been filed against an attorney who led the prosecution against a former Indiana State trooper acquitted of killing his wife and two children.
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COA judge: Parole board 'should do better'

March 20, 2015
Dave Stafford
A man who killed no one but who’s been in prison for almost 40 years for a felony murder conviction was entitled to a more thorough parole board review than one based on a 13-year-old psychological evaluation, a Court of Appeals judge wrote Friday.
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Steak n Shake parent wins court victory amid proxy challenge

March 20, 2015
IBJ Staff
Biglari Holdings Inc. has won a major legal victory as a separate fight with a dissident shareholder turns personal. A lawsuit brought by shareholders of the Steak n Shake parent accusing CEO Sardar Biglari and directors of breaching their fiduciary duties has been dismissed by a federal judge in Indiana.
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Reversal: Ex-AM General exec must go to court for compensation

March 20, 2015
Dave Stafford
The ex-president, CEO and chairman of South Bend Humvee maker AM General will have to go to court to seek cash compensation that the company instead paid in the form of a promissory note, the Indiana Court of Appeals ruled Friday.
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Justices reverse Marine veteran's involuntary commitment

March 20, 2015
Dave Stafford
A Marine veteran was wrongly committed for mental health treatment, the Indiana Supreme Court ruled Thursday. Justices reversed a trial court involuntary commitment order affirmed in a memorandum Court of Appeals opinion and swept away precedent in similar cases.
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Judge approves $10M settlement in Target data breach

March 19, 2015
 Associated Press, IL Staff
A Minnesota judge has endorsed a settlement in which Target Corp. will pay $10 million to settle a class-action lawsuit over a massive data breach in 2013.
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COA affirms finding liquor stores violated rules on home delivery of wine

March 19, 2015
Jennifer Nelson
The Indiana Court of Appeals reinstated the Indiana Alcohol and Tobacco Commission’s final order fining a northern Indiana liquor store company for using common carriers to transport wine to customers, which is a violation of its liquor permit.
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COA: Husband’s motion to set aside divorce decree time-barred

March 19, 2015
Jennifer Nelson
Because the type of fraud a man alleged his ex-wife committed is considered “ordinary,” it was subject to the one-year time limit of Indiana Trial Rule 60(B)(3), the Court of Appeals ruled Thursday. The judges affirmed the refusal of the trial court to set aside a 2008 dissolution decree.
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Evidence properly admitted in OWI trial

March 19, 2015
Jennifer Nelson
Evidence discovered after law enforcement approached an intoxicated man’s minivan parked in a driveway was properly admitted at his trial over the defendant’s objections, the Indiana Court of Appeals affirmed, finding no violations of the U.S. or state constitutions.
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State failed to prove inmate knew he made false statements

March 19, 2015
Jennifer Nelson
Because the state could not establish that a Marion County Jail inmate knew statements he made to a witness over the phone in another inmate’s case were false, the state didn’t prove Johnny Gomillia committed attempted obstruction of justice.
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Northern District rules recognized for clear writing

March 19, 2015
IL Staff
A group that supports plain writing in government and business has given an award of distinction to the U.S. District Court for the Northern District of Indiana for a rewrite of its rules.
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Poll: Public unaware Obama's health law is again in jeopardy

March 19, 2015
 Associated Press
With a decision due by summer in a Supreme Court of the United States case that could unravel President Barack Obama's health care law, a new poll finds many Americans have heard nothing about the case.
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Outgoing NSA lawyer helped preserve controversial programs

March 19, 2015
 Associated Press
When news of secret National Security Agency surveillance programs began breaking in June 2013, even government insiders had questions. Often, Raj De was the man with the answers.
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Widow of Mel Simon sues government to recoup $21.4M

March 19, 2015
Scott Olson, IBJ Staff
The widow of Mel Simon is suing the U.S. government over a tax dispute in which she claims she is owed a refund of more than $20 million related to financial contributions he made to the Indiana Pacers totaling $83 million.
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Jury returns guilty verdicts in Indy Land Bank case

March 19, 2015
Cory Schouten, IBJ Staff
A federal jury on Wednesday evening returned guilty verdicts on eight felony counts including wire fraud and bribery against Reggie Walton, a former Indianapolis city employee who managed the Indy Land Bank.
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Pence asks Legislature for $15M to add DCS staff

March 18, 2015
IL Staff
On the same day the state released an independent report on workload and caseloads of staff at the Indiana Department of Child Services, Gov. Mike Pence sent a letter to several legislators seeking more funding to increase family case managers and supervisors at the state agency.
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Joint defense agreement does not prevent trust from suing attorney

March 18, 2015
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed that a joint defense agreement entered into by an attorney and the trust he helped to set up and for which he served as trustee did not bar the trust’s later lawsuit against him for claims arising from their business relationship.
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Justices affirm brother committed 3 separate breaches of contract

March 18, 2015
Jennifer Nelson
The Indiana Supreme Court agreed with the Court of Appeals on Tuesday that a man who purchased three properties outside of the joint business with his brother breached a noncompetition agreement with respect to all three properties.
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Justices dismiss Ball State from mother’s action seeking college expenses from ex-husband

March 18, 2015
Jennifer Nelson
Ball State University should not have been added as a supplemental defendant in a woman’s petition to modify child support and seek postsecondary expenses from her ex-husband for her daughter, the Indiana Supreme Court held Wednesday.
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NCAA appeal says students will lose if amateur sports rules tossed

March 18, 2015
 Bloomberg News
Professional sports and higher education are a losing combination for American college students and fans. That was the National Collegiate Athletic Association’s game-day argument as it seeks to reverse a judge’s ruling that the organization behind March Madness and January bowl games is running a multibillion-dollar cartel that cheats athletes.
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Supreme Court seeks comments on fee sharing, small claims rule changes

March 17, 2015
IL Staff
The Indiana Supreme Court Committee on Rules of Practice and Procedure wants to know what attorneys think about proposed rule amendments affecting fee sharing by attorneys and change of judge procedures in small claims cases.
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Former Indy Land Bank chief grilled over inconsistent testimony

March 17, 2015
Cory Schouten, IBJ Staff
Former Indy Land Bank director Reggie Walton opted to take the stand in his own defense in federal court this week, and prosecutors used the opportunity to use his words against him.
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COA affirms stalking conviction of man who followed teen in stores

March 17, 2015
Jennifer Nelson
A southern Indiana man who followed the same teenage girl through two stores on separate occasions, staying as close as five feet to her at all times, could not convince the Indiana Court of Appeals that his felony conviction for stalking needed to be overturned.
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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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