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Court properly denied dentist’s petition for judicial review

March 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a dentist’s petition for judicial review of a decision by the State Board of Dentistry which found he violated Indiana Code after a patient’s wisdom teeth surgery.
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Judges reverse summary judgment in collision case

March 13, 2014
Jennifer Nelson
It should be up to a judge or jury to determine whether a driver’s distance in relation to the vehicle in front of him had any impact on a collision between the driver and another vehicle on Interstate 65.
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COA: Admittance of juvenile’s statement harmless error

March 13, 2014
Jennifer Nelson
The Indiana Court of Appeals was divided Thursday over whether a 12-year-old boy accused of child molesting and his mother were afforded the opportunity to have a meaningful consultation before speaking to police. The judges did agree that the boy’s adjudication should be affirmed.
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Justices uphold order criminal defendant answer civil complaint

March 13, 2014
Jennifer Nelson
The Indiana Supreme Court Wednesday found a Lake Superior judge did not abuse her discretion in ordering a man criminally charged for the hit-and-run death of a woman to respond to her estate’s wrongful death complaint filed against him.
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Justices order COA to consider man’s appeal

March 13, 2014
Jennifer Nelson
A man’s appeal of his aggravated battery convictions should proceed to the Indiana Court of Appeals even though the issue of restitution remains unresolved, the Indiana Supreme Court ruled Thursday.
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COA: Adoption petition should remain in Superior Court

March 12, 2014
Jennifer Nelson
The Lake Superior Court was not required under the county’s case allocation plan to transfer an adoption petition to juvenile court where termination of parental rights proceedings are pending involving the same children, the Indiana Court of Appeals ruled Wednesday.
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Elected official loses appeal in voter registration removal

March 12, 2014
Jennifer Nelson
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
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Mental health statute limits state’s use of juvenile statements

March 12, 2014
Jennifer Nelson
Indiana’s Juvenile Mental Health Statute’s limited immunity prohibits both use and derivative use of a juvenile’s statements to prove delinquency, the Indiana Supreme Court ruled. The justices were able to come to the conclusion without addressing the question of the statute’s constitutionality.
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7th Circuit rejects lawsuit on insurer’s use of in-house counsel

March 12, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Tuesday agreed that a woman’s lawsuit against State Farm Mutual Automobile Insurance Co. should be dismissed because state law creates no obligation for an insurer to provide advance notice to an insured that it uses in-house counsel to defend its policyholders.
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Judges affirm sniff search in hotel did not violate guest’s constitutional rights

March 12, 2014
Jennifer Nelson
A trial court properly admitted contraband seized from a woman’s hotel room into evidence, the Indiana Court of Appeals ruled Wednesday. One judge on the panel departed from his colleagues’ need to discuss that the officers’ search was justified because they acted in good faith.
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Valparaiso attorney slapped with 5th felony charge

March 12, 2014
Dave Stafford
Valparaiso attorney Clark Holesinger, charged last month with four felony counts alleging he stole more than $1.6 million from clients, now faces a fifth count alleging theft from another client.
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Court of Appeals saw fewer cases in 2013

March 12, 2014
IL Staff
The Indiana Court of Appeals in 2013 received and decided fewer cases than in any of the five prior years, according to the court’s annual report released Tuesday.
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Attorney documents Irish ancestor’s Civil War sacrifice

March 12, 2014
Dave Stafford
Frost Brown Todd LLC attorney Kevin Murray grew up hearing his grandmother tell of his great-great-grandfather’s valor. But only recently did Murray come to fully appreciate his ancestor’s sacrifice.
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ADA violations in bar admission catch attention of Indiana BLE

March 12, 2014
Marilyn Odendahl
The U.S. Department of Justice has found Louisiana discriminated against bar applicants with mental health problems.
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Judge Tinder’s retirement plans leaked

March 12, 2014
Dave Stafford
7th Circuit Court of Appeals Judge John Tinder plans to retire from the 7th Circuit bench when he turns 65 next February – news that became public in early March after a clerk applicant shared a letter from Tinder with the legal blog Above the Law, which posted the letter.
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Hockey offers lawyers camaraderie and stress relief

March 12, 2014
Dave Stafford
Jeff Fecht, a partner at Riley Bennett & Egloff LLP, says being an attorney is a stressful job, but when he gets on the ice, all that stress melts away.
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Copyright infringement spurs knife fight in Warrick County

March 12, 2014
Marilyn Odendahl
A copyright infringement dispute between two out-of-state companies has spurred criminal charges in Warrick County, a place where neither business has facilities, employees or quite possibly ever visited before these charges were brought.
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Indiana Tech Law School mentors bring law to life

March 12, 2014
Marilyn Odendahl
A unique program at the Fort Wayne school matches students with attorneys and judges for real-world learning.
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When non-competes don't fly

March 12, 2014
Dave Stafford
Aviation mechanic Joe Guinn lost a job when his former employer sought to enforce a non-compete clause, but he won an appellate ruling that the company may have engaged in tortious interference with his subsequent employer.
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Fort Wayne case may force SCOTUS to define who qualifies as a minister

March 12, 2014
Marilyn Odendahl
Since the Supreme Court of the United States weighed in on “ministerial exception” in January 2012, cases have been percolating across the country spurred by religious institutions claiming the exception as protection against employee discrimination lawsuits.
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Inside the Criminal Case: Can a defendant be convicted for being ‘annoying?’

March 12, 2014
James Bell, K. Michael Gaerte
In 2012, the General Assembly amended Indiana’s public intoxication statute to provide, in part, that a person was guilty of public intoxication if the individual is intoxicated “in a public place” and “annoys … another person.” Indiana Code §7.1-5-1-3(a)(4). But what constitutes “annoying?”
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DTCI: What happened to practicing ‘civil’ litigation?

March 12, 2014
From DTCI
It is unusual to open a lawyers’ magazine without seeing an article about civility. What happened to “civil” litigation? It must be like the weather – a lot of people are writing about it, but no one seems to be doing anything about it.
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Federal Bar Update: ND requires e-filing; SD launches hyperlink pilot

March 12, 2014
John Maley
Effective Feb. 24, all new complaints and removals in the Northern District of Indiana must be e-filed.
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Hammerle On … '3 Days to Kill' and 'Non-Stop'

March 12, 2014
Robert Hammerle
Bob Hammerle reviews two action movies where the heroes are aging, alcoholic men with lost hopes and dreams. Is there any question why both are male trial lawyers' dream films?
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Supreme Court: Father’s consent not needed in adoption

March 11, 2014
Dave Stafford
A father who had been incarcerated and failed to keep up with support payments wasn’t denied due process when the children’s mother remarried and her new husband adopted the children.
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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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