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Judge Kiely takes oath for Vanderburgh Circuit Court

January 2, 2013
IL Staff
The Hon. David D. Kiely was sworn in Wednesday as the new Vanderburgh Circuit Court judge. A ceremony was scheduled at noon in the Vanderburgh Circuit courtroom.
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2012 Year in Review

January 2, 2013
IL Staff
2012 was another busy year for the legal community. We welcomed new justices and a new chief justice, witnessed the beginnings of the state’s fifth law school, and saw local stories garner national and international attention. Here’s a look back at the top news stories from last year.
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Lucas: 2013 brings opportunities to effect change

January 2, 2013
Kelly Lucas
As I write the first of my 2013 columns, my inclination is to put on my rose-colored glasses and look with optimism toward the year ahead. While I feel that I am truly a glass-half-full kind of gal, I am also a realist and not a fan of people who stick their heads in the sand and pretend things are OK when they are not.
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Badger: To arbitrate or litigate, that is the question

January 2, 2013
Steven Badger
In my world of dispute resolution, one of the most basic questions is whether a particular business dispute should be resolved in arbitration or in a court of law. Like many of the questions I am frequently asked by clients, there is no simple answer that fits all occasions and situations.
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McGoff: It is a new year, start creating a new 'you'

January 2, 2013
Sharon McGoff
Each year, as Jan. 1 approaches and we gaze in the mirror at the after effects of the holidays … dark circles under our eyes, too many cookies and an over-abundance of cocktail parties, we set our sights on resolutions. We vow that “this time” we are going to do it! However, the statistics show that over 80 percent of us who set New Year’s resolutions will fail.
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Prenuptial agreements change with time but remain tricky

January 2, 2013
Dave Stafford
Prenuptial agreements are not written to be fair. Nor should they be, according to some Indiana attorneys who draft them.
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Attorneys coping with more domestic violence cases

January 2, 2013
Marilyn Odendahl
Domestic violence has been increasing in recent years along with what family law attorneys are observing as more anger and more meanness.
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New group aims to prevent many from enetering juvenile justice system

January 2, 2013
Marilyn Odendahl
A number of federal and state agencies along with nonprofit organizations are working to help regain the youths’ footing after they stumble into trouble. Now, a new nonprofit has been formed with a focus on preventing children and teenagers from entering the juvenile justice system.
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Civics program helps turn students into lawyers

January 2, 2013
Marilyn Odendahl
Without the We the People program, Adam Packer might be conjugating Latin verbs rather than serving as general counsel at the Indiana Gaming Commission.
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Public-record email case focuses on scope of requests

January 2, 2013
Dave Stafford
A dustup over access to public records reveals an uncertain standard exists for what is considered a reasonable request to disclose public officials’ emails under Indiana public record laws.
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Specialized units target Medicare, Medicaid swindlers in Indiana

January 2, 2013
Dave Stafford
Inside an unmarked building in a nondescript office park in Castleton is a burgeoning, multi-million-dollar legal enterprise. Its mission: cracking down on Medicaid fraud.
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Court cites fishy documents in reversing support order

December 28, 2012
Dave Stafford
A Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his children’s mother, because Canadian court documents and other filings should not have been considered, the Court of Appeals ruled.
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Vintage Corvette belongs to the last buyer

December 28, 2012
Marilyn Odendahl
Although a 1965 Chevrolet Corvette was the subject of litigation over ownership when it was purchased by a third party on eBay, the Indiana Court of Appeals has found the hotrod belongs to the eBay bidder.
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Duke loses appeal of scandal-touched IURC rate case reversal

December 28, 2012
Dave Stafford
The Indiana Utility Regulatory Commission’s reversal and subsequent rejection of deferred accounting of $11.9 million for Duke Energy was affirmed by the Court of Appeals Friday in a case revisited because of an ethics scandal involving state regulators.
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Rush robing completes Supreme Court transition

December 28, 2012
Dave Stafford
Justice Loretta Rush formally was robed the 108th justice of the Indiana Supreme Court on Friday, the third member of the five-member court appointed by Gov. Mitch Daniels.
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Public interest in reducing poverty is grounds for application of doctrine of laches

December 27, 2012
Marilyn Odendahl
In overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges conflicts with the public’s interest in reducing poverty.
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Testy divorce remanded for recalculation

December 27, 2012
Dave Stafford
A divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.
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Man argues the sentencing guidelines were applied incorrectly

December 27, 2012
Marilyn Odendahl
A Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending on the circumstances.
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Supreme Court denies 17 cases for transfer

December 27, 2012
IL Staff
Last week, the Indiana Supreme Court only took one case on transfer, which it ruled on Dec. 19. The justices declined to take 17 other cases.
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COA affirms ruling in suit brought after fatal train accident

December 27, 2012
Dave Stafford
The trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred in 2009, the Indiana Court of Appeals affirmed Thursday.
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Appeals court reinstates injured motorist’s claim against insurer

December 27, 2012
Dave Stafford
A driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court of Appeals on Thursday.
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Price of postage is not enough for 7th Circuit to review NLRB's ruling

December 27, 2012
Marilyn Odendahl
The cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit Court of Appeals has ruled.
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Appeals court upholds Medicaid fraud charges

December 27, 2012
Dave Stafford
A woman charged with defrauding Indiana’s Medicaid program of nearly $350,000 lost the appeal of her partial motion to dismiss the charges.
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Sensient settles over use of 'popcorn lung' chemical

December 27, 2012
Scott Olson
Sensient Flavors LLC will pay a smaller fine in exchange for agreeing to reduce the amount of a chemical it uses at its Indianapolis plant, as part of a settlement it has reached with state regulators.
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Snow forces court, office closures

December 26, 2012
Jennifer Nelson
Many people in Indiana may be enjoying an extra-long Christmas vacation thanks to blizzard-like conditions in parts of the state. Heavy snow and high winds have led to closures, including Indiana’s appellate courts.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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