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Emerging ‘rogue players’ may make legal damages harder to seize

July 28, 2016
 Bloomberg News
Problems with recovering court-awarded assets — and efforts to tackle them — are widespread and potentially growing.
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Corporate lawyers argue over whether Colbert can be Colbert

July 28, 2016
 Associated Press
After CBS "Late Show" host Stephen Colbert told viewers that lawyers representing his old Comedy Central show said he couldn't be "Stephen Colbert" anymore, he thumbed his nose at them with a transparent dodge.
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Appeal filed in copyright case of Led Zeppelin's 'Stairway'

July 28, 2016
 Associated Press
Lawyers have appealed a jury decision that cleared Led Zeppelin of accusations it lifted a riff from an obscure 1960s instrumental for the intro to its classic rock anthem "Stairway to Heaven."
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Judge keeps sex offender’s voting suit alive

July 28, 2016
Dave Stafford
A registered sex offender’s lawsuit against the Indiana Secretary of State and other parties will proceed, a federal judge ruled Thursday, denying the defendants’ motion to dismiss.
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Judge: Man should be civilly committed, not incarcerated

July 28, 2016
Jennifer Nelson
Indiana Court of Appeals Judge Paul Mathias again used an opinion to highlight problems he sees in the criminal justice system when dealing with defendants with mental health issues.
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COA: Father should have custody of children

July 28, 2016
Jennifer Nelson
Children who were afraid of their stepfather and whose behavior changed after their mother remarried should now be in the custody of their father, the Indiana Court of Appeals affirmed Thursday.
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COA: Parents’ actions do not support CHINS findings

July 28, 2016
Jennifer Nelson
The Indiana Court of Appeals Thursday reversed the findings that four sisters are children in need of services, noting none of their parents’ actions or inactions endangered the children.
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7th Circuit: Court needs permission to revise supervised release conditions once appealed

July 28, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals declined to overrule recent precedents in a man’s appeal involving his supervised release conditions and instead adopted a rule of practice for the Circuit.
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Plaintiffs lose state court challenge to anti-conflict of interest law

July 28, 2016
IL Staff
The five northern Indiana police officers or firefighters who challenged a state law that would prohibit them from simultaneously also serving in elected office had their suit challenging the 2013 law dismissed Tuesday.
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COA upholds convictions of man who targeted Burmese

July 27, 2016
Jennifer Nelson
An Alabama man was unable to convince the Indiana Court of Appeals that he was not behind several attacks on members of the Burmese community in Indianapolis two years ago. The judges affirmed Danny Cherry’s 80-year sentence for various crimes, including attempted murder.
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Elkhart County judgment exceeds med-mal cap

July 27, 2016
Dave Stafford
A northern Indiana judgment in favor of a man ruled to have suffered a catastrophic medical malpractice injury that left him paralyzed is the latest case challenging the state’s cap on malpractice damages.
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Elkhart County attorney recognized with bar foundation honor

July 27, 2016
IL Staff
Goshen attorney and former Indiana legislator John Ulmer has been selected for the 2016 Legendary Lawyer Award by the Fellows of the Indiana Bar Foundation.
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Majority: Trooper’s questioning violated Seatbelt Enforcement Act

July 27, 2016
Jennifer Nelson
A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.
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Taft to hold fundraiser for injured IP attorney

July 27, 2016
IL Staff
Taft Stettinius & Hollister LLP has organized a cocktail party and silent auction to raise money for Derek Lavender, an intellectual property attorney with the firm who was recently paralyzed as a result of a motorcycle accident.
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Father must still pay part of son’s college expenses, COA holds

July 27, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed that a teenager has not repudiated his relationship with this estranged father and affirmed the trial court’s ruling that the boy, his mother, and his father must each pay a third of his college expenses.
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Lawyers logging more pro bono hours, survey finds

July 27, 2016
IL Staff
Lawyers are making more time for pro bono work, according to a recent survey of lawyers by Robert Half Legal. Despite busy schedules and increasing caseloads, 30 percent reported donating more than 80 pro bono hours each year.
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7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case

July 27, 2016
Dave Stafford
Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.
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Deputy prosecutor fired after not sharing victim's falsehood

July 27, 2016
 Associated Press
A northwestern Indiana prosecutor has been fired after not revealing one of two purported victims made up at least part of the accusations against a molesting suspect acquitted after being held without bond for three years.
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COA hears arguments in $25M wrongful death verdict

July 27, 2016
Marilyn Odendahl
In a wrongful death case argued before the Indiana Court of Appeals Tuesday, the panel considered the questions of when are damages too high and when should an appellate court set aside a jury’s verdict?
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Safe Families effort wins favor in Legislature

July 27, 2016
Marilyn Odendahl
A new law furthers the group’s power of attorney arrangement in order to keep kids out of the child welfare system.
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Associate pay raises also raise eyebrows

July 27, 2016
Marilyn Odendahl
Key to bringing on new clients and keeping existing ones is talent attorneys. Firms across the country, including in Indiana, are raising associate pay to attract those attorneys.
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Documentary marking federal court bicentennial in Indiana focuses on 3 cases

July 27, 2016
Dave Stafford
The U.S. District Court for the Southern District of Indiana is preserving stories about three notable cases for an hour-long documentary on the federal courts in Indiana. The film’s release will coincide with the institution’s bicentennial next year.
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Gold medal dreams

July 27, 2016
Marilyn Odendahl
Hoosier lawyers and law school grads have run, swam and thrown for Olympic trials.
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Indiana commercial courts open for business

July 27, 2016
Dave Stafford
No ribbon-cuttings heralded the opening of Indiana’s six commercial courts around the state June 1, but lawyers with complex business disputes have found their way to the forums the Supreme Court established as a pilot project.
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Ties to Florida firm burn Indiana lawyers

July 27, 2016
Dave Stafford
Small-town lawyer Justin Wall argues in his discipline case that he’s fighting not just for his career, but for the livelihoods of his Huntington co-workers and the needs of his community after he tried to drum up business with a regretful decision to answer a Craigslist ad four years ago.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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