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60 teachers to get Supreme Court education

August 26, 2016
IL Staff
Sixty teachers from schools in 35 Indiana counties will take part next week in a court education and history program sponsored by the Indiana Supreme Court and the Indiana Historical Society. Judges and lawyers nominated the educators earlier this year.
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Woman’s outburst politically ambiguous; disorderly conduct conviction stands

August 26, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld a Michigan City woman’s disorderly conduct conviction after finding the focus of her speech was politically ambiguous and the state acted rationally in impairing her speech while trying to serve an arrest warrant.
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Alere sues Abbott to force completion of $5.8B deal

August 26, 2016
 Bloomberg News
Alere Inc. sued Abbott Laboratories claiming the medical-device maker failed to get U.S. antitrust clearance for their $5.8 billion merger agreement, potentially scuttling the controversial deal.
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GM wins ignition-switch trial, but legal woes aren’t over

August 26, 2016
 Bloomberg News
General Motors Co.’s victory in a Houston courtroom Thursday makes the carmaker three for three in trials related to an ignition-switch defect, but its legal entanglements may stretch on for years.
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Burkini ban in French beach town reversed by Supreme Court

August 26, 2016
 Bloomberg News
France’s top court struck down a push by local governments to ban the “burkini” from the nation’s beaches, saying the Muslim-style full-body swimming outfits don’t create a public threat that justifies impinging on freedom of religion.
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7th Circuit asked to rehear Title VII sexual orientation case

August 26, 2016
Marilyn Odendahl
The former math instructor at Ivy Tech Community College in South Bend who claims that the school violated her Title VII rights by repeatedly denying her promotions and eventually terminating her employment because she is a lesbian has petitioned the 7th Circuit Court of Appeals for rehearing.
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Monarch affiliate gets big win in effort to sell liquor

August 26, 2016
Hayleigh Colombo, IBJ Staff
A Marion County Superior Court judge has ruled in favor of a Monarch Beverage Co. affiliate called Spirited Sales LLC in its quest to gain a permit to wholesale liquor, a win in Monarch’s years-long effort to enter the spirits business.
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Prosecutor: Fort Wayne officer's shooting of teen justified

August 26, 2016
 Associated Press
A prosecutor says a Fort Wayne police officer was acting in self-defense when he shot a teenager in the back.
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Doctor’s profit sharing plan not recoverable by slain wife’s estate

August 25, 2016
Jennifer Nelson
The estate of a woman whose husband shot and killed her and himself just hours after they married is not entitled to any funds from the husband’s profit sharing plan based on Indiana probate law, the Indiana Court of Appeals concluded Thursday.
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Trust beneficiary’s complaint reinstated by COA

August 25, 2016
Jennifer Nelson
The lawsuit filed by a man who claimed the trustee of the irrevocable trust in which he is the beneficiary mismanaged assets will move forward after the Indiana Court of Appeals reversed dismissal of the suit.
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7th Circuit tackles ‘moral turpitude’ in immigration case

August 25, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals is concerned about the classification of every crime involving deception involving “moral turpitude,” which would prevent some unauthorized immigrants from seeking discretionary cancelation of removal under the law.
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Regulators OK final settlement over controversial Edwardsport plant

August 25, 2016
John Russell, IBJ Staff
A bitter, costly fight over who will pay for Duke Energy’s $3.5 billion coal-gasification plant, one of the most expensive projects in Indiana history, is finally over.
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Attorneys needed to teach kids about elections

August 25, 2016
IL Staff
Indiana Kids’ Election, which helps teachers by providing resources about the election process, is looking for attorney volunteers in schools around the state.
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Disabled passenger’s PI suit against Austrian Airlines stays in Indiana

August 25, 2016
Dave Stafford
A Crown Point woman who claims employees of Austrian Airlines broke her leg after failing to accommodate her disability may proceed with her federal lawsuit in Hammond, a judge has ruled.
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Is a granola bar 'natural' if there's a pesticide in it?

August 25, 2016
 Bloomberg News
New lawsuits filed Wednesday target what they say are small amounts of the world's most popular pesticide in granola bars ostensibly "made with 100% natural whole grain oats."
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COA calls for guidance on social media use during criminal trials

August 24, 2016
Jennifer Nelson
In affirming that a man was not deprived due process when the media live tweeted during his murder trial, the Indiana Court of Appeals noted that it’s time for the judicial branch to address social media use concerns.
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Outlaws member denied motorcycle club’s seized property

August 24, 2016
Jennifer Nelson
A member of the Outlaws Motorcycle Club who wanted to intervene in a forfeiture action involving paraphernalia bearing the Outlaws insignia couldn’t convince the 7th Circuit Court of Appeals that a federal court was incorrect in denying his motions.
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Court divided over stop of man in movie theater

August 24, 2016
Jennifer Nelson
By a 2-1 vote, the Indiana Court of Appeals reversed the denial of an Indianapolis man’s motion to suppress a handgun found on him after officers questioned him in a lobby of a movie theater. The majority ruled the officers had no reasonable suspicion to justify the investigatory stop.
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COA affirms officer’s stop of teen involved in mall ruckus

August 24, 2016
Jennifer Nelson
A police officer had reasonable suspicion to stop and search a teen at an Indianapolis mall on Black Friday last year whom was believed to be involved in a shouting match with another group of people in a department store, the Indiana Court of Appeals affirmed.
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COA upholds restraining order against man who threatened mother’s caretakers

August 24, 2016
Jennifer Nelson
A Clark County man’s behavior qualified as a credible threat of violence with respect to three employees of the assisted living facility where his mother lived, so the trial court correctly issued workplace violence restraining orders on their behalf, the Indiana Court of Appeals affirmed.
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Summit focuses on coordinating efforts to fight drug abuse

August 24, 2016
 Associated Press
State Supreme Court justices and other high-ranking officials huddled Wednesday to discuss ways to coordinate efforts to battle the drug abuse epidemic in a judicial summit involving some of the hardest-hit states.
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Patterson: Trial by jury ensures justice for the people

August 24, 2016
As the state of Indiana celebrates its bicentennial year, we should all remember the importance of the right to trial by jury and commit to ensuring that this right remains inviolate.
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Willis takes first administrative lead role in state’s judiciary

August 24, 2016
Dave Stafford
Mary Willis is known in the Indiana judiciary for going beyond the day-to-day duties of a trial court judge — a mover and shaker who seemed a natural choice for the newly created position of chief administrative officer for the Indiana Supreme Court.
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Departing the partner track

August 24, 2016
Dave Stafford
Law firms are looking for talent and signing up attorneys who fit clients’ needs in flexible arrangements that eschew the traditional associate-to-partner model. The trend addresses the firms’ needs to contain costs and the desire of many lawyers for more work-life balance.
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Goshen attorney John Ulmer recognized for 50-plus year career

August 24, 2016
Marilyn Odendahl
When the conflict arose between classes and basketball, John Ulmer, like just about any Hoosier would, picked roundball and, inadvertently, took his first steps toward a legal career that has since lasted more than 50 years.
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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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