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Indiana fights discrimination ruling against trial court

June 15, 2016
Dave Stafford
A federal court ruling that a Marion County court discriminated against a deaf man who was denied an interpreter for his court-ordered mediation is being appealed by the state, which argues he lacked standing to bring the suit under the Americans with Disabilities Act and state courts should be immune from such judgments.
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Staging CLEs with a trial lawyer focus

June 15, 2016
Dave Stafford
Indiana Trial Lawyers Association program planners tout mix of top national and state attorney presenters.
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Jerrells: Thoughts on the Ad Hoc Tax Court Task Force report

June 15, 2016
Though naysayers may decry the costs of adding a magistrate, two additional judges, or both, it would be a small cost to avoid justice delayed and, therefore, justice denied.
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Quick: Showcase your face in internet videos to attract new clients

June 15, 2016
More law firms are spending more of their marketing dollars on web-based online videos instead of traditional television advertising. Done right, this strategy can actually save you a ton of money and be more effective as you can really target your customers wherever they are.
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DTCI: Experience New England in the fall with defense colleagues

June 15, 2016
Renee Mortimer
My dear defense lawyer colleagues, it is time to plan to attend the Defense Research Institute 2016 Annual Meeting!
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Technology Untangled: Some thoughts on email security and encryption

June 15, 2016
Stephen Bour
Email security is about more than just keeping attachments secure until they reach the intended destination. There is also the concern about who may be looking at the body of your transmissions along the way.
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Hammerle on…'Me Before You,' 'Love & Friendship'

June 15, 2016
Robert Hammerle
Bob Hammerle says "Love & Friendship" defines why people like him love movies.
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Ready to rock out at Zeppelin ‘Stairway’ trial? Try sheet music

June 14, 2016
 Bloomberg News
Anyone with internet access can listen for themselves to whether Led Zeppelin’s opening “Stairway to Heaven” riff rips off a song recorded three years earlier. But the jury deciding the fate of the rock masterpiece — and its millions of dollars in royalties — won’t hear a simple mash-up with the obscure 1968 instrumental “Taurus” by the group Spirit.
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Escort's book publisher, author countersue Louisville students

June 14, 2016
 Associated Press
The publisher and co-author of escort Katina Powell's book alleging that former University of Louisville men's basketball staffer Andre McGee hired her and other dancers for sex parties at the team's dormitory have countersued a group of Louisville students, saying they attempted to "extort" a monetary settlement in their action alleging Powell and the book devalued their education.
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Court upholds net neutrality rules on equal internet access

June 14, 2016
 Associated Press
In a big win for the Obama administration, a federal appeals court on Tuesday upheld the government's "net neutrality" rules that require internet providers to treat all web traffic equally.
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Judge bars public release of Clinton aide's immunity deal

June 14, 2016
 Associated Press
A federal judge ruled Tuesday that he will not publicly disclose details of an immunity agreement between a former aide to Hillary Clinton and Justice Department prosecutors that had been sought by a conservative legal advocacy group in a lawsuit against the State Department.
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Lawyers seeking Christie's phone records cite Watergate

June 14, 2016
 Associated Press
Lawyers seeking New Jersey Gov. Chris Christie's cellphone records from the George Washington Bridge lane-closing case are using Watergate to argue their subpoena for the information is justified.
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Judge: Indiana abortion law may infringe on women's rights

June 14, 2016
 Associated Press, IL Staff
A federal judge weighing whether to block a new Indiana law banning abortions sought because of a fetus' genetic abnormalities sounded skeptical of the measure during a Tuesday hearing, saying it may infringe on some women's right to an abortion.
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COA: Notice of sale was mailed within required time period

June 14, 2016
Scott Roberts
The Indiana Court of Appeals found notice of a tax sale was mailed 21 days before the sale took place as prescribed by Indiana Code, so it affirmed the denial of a man’s motion to set aside tax deeds on property he used to own.
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Senate immigration committee meeting to focus on economy

June 14, 2016
Marilyn Odendahl
The Indiana Senate Select Committee on Immigration Issues, chaired by Sen. Mike Delph, R-Carmel, will turn its attention to the impact of undocumented workers on Indiana’s economy during its meeting Wednesday.
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SCOTUS overturns infringement test for treble damages

June 13, 2016
Marilyn Odendahl
In a consolidated case involving Indiana’s Zimmer Inc., the U.S. Supreme Court has tossed the standard test used to determine whether damages awarded in a patent infringement case should be tripled.
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ITT Educational terminates chief legal officer

June 13, 2016
IBJ Staff
ITT Educational Services, the embattled Carmel-based operator of for-profit colleges in 38 states, has terminated its chief administrative and legal officer after less than two years on the job.
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Novel FedEx drug-shipping case left to skeptical judge at trial

June 13, 2016
 Bloomberg News
Proving to jurors that FedEx Corp. is a criminal because it delivered illegal prescriptions from Internet drug stores was never going to be easy. Convincing a federal judge who questioned the “novel prosecution” may be even tougher.
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High court rejects request to block mercury rule

June 13, 2016
 Associated Press
The Supreme Court of the United States has rejected an appeal from 20 states including Indiana seeking to block a federal rule targeting mercury pollution from taking effect while the government revises the rule to account for compliance costs.
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Court upholds law aimed at domestic violence on tribal land

June 13, 2016
 Associated Press
The U.S. Supreme Court on Monday upheld a federal law and its stiff prison terms aimed at people who have been convicted of repeated acts of domestic violence on Indian lands.
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High court rules against Puerto Rico in debt case

June 13, 2016
 Associated Press
Puerto Rico can't use a local law to restructure the debt of its financially ailing public utilities as it tries to overcome a decade-long economic crisis, the U.S. Supreme Court ruled Monday.
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Fort Wayne pays $125K to settle excessive-force lawsuit

June 13, 2016
 Associated Press
Fort Wayne has agreed to pay $125,000 to settle an excessive-force lawsuit with a Michigan man.
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Slaughter sworn in as 109th justice

June 13, 2016
IL Staff
Geoffrey G. Slaughter was sworn in as an Indiana Supreme Court justice Monday morning in a brief, private ceremony, court spokeswoman Kathryn Dolan said. Chief Justice Loretta H. Rush administered the oath of office, allowing Slaughter, formerly a partner with Taft Stettinius & Hollister LLP, to begin deciding cases and handling administrative matters with his colleagues.
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Hill wins GOP nod for attorney general, will face Arrendondo

June 13, 2016
 Associated Press
Elkhart County Prosecutor Curtis Hill Jr. defeated three other candidates to win the Republican nomination for Indiana attorney general on Saturday. Hill will face retired Lake County Circuit Court Judge Lorenzo Arrendondo, a Democrat who served 34 years before leaving the bench in 2011, in November's general election.
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Indiana mom seeks law change after daughter's ATV death

June 13, 2016
 Associated Press
The mother of an Indiana girl who died in an all-terrain vehicle crash has started a nonprofit foundation in partnership with state lawmakers to draft a helmet law and mandatory safety education for children who ride ATVs.
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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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