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Driverless cars give lawyers bottomless list of defendants

December 22, 2015
 Bloomberg News
Imagine a robot car with no one behind the wheel hitting another driverless car. Who’s at fault?
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7th Circuit orders new resentencing hearing

December 21, 2015
Jennifer Nelson
A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.
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COA: Breath test properly admitted

December 21, 2015
Jennifer Nelson
A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.
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Judge believes restitution order properly entered

December 21, 2015
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.
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South Bend attorney leaves behind strong legacy

December 21, 2015
Marilyn Odendahl
Attorney James Brotherson, who built a career counseling many of the largest manufacturers and suppliers in the recreational vehicle industry in northern Indiana, died Dec. 18. He was 63.
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Court rules in favor of Columbia Sportswear in income tax dispute

December 21, 2015
Jennifer Nelson
The Indiana Tax Court ruled Friday that the Indiana Department of State Revenue’s adjustments to Columbia Sportwear’s net income for tax years 2005-2007 were not proper and granted summary judgment in favor of the clothing company.
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Gary teens ask city to ban saggy pants

December 21, 2015
 Associated Press
Wearing pants low enough to expose underwear could soon be against the law in Gary, Indiana.
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Battle looms over restriction on cold medicine used for meth

December 21, 2015
 Associated Press
Indiana lawmakers have yet to gather for the 2016 legislative session, but already the multibillion-dollar pharmaceutical industry has clashed with influential law enforcement organizations over a proposed law that would require a prescription to buy a common cold medicine also used to make methamphetamine.
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Fired paramedic with diabetes settles discrimination case

December 21, 2015
 Associated Press
A former fire department paramedic has settled a civil rights claim for $725,000 after being fired because of two health episodes related to diabetes, her attorneys announced Saturday.
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Justices to hear arguments over Indy OTB smoking

December 18, 2015
Dave Stafford
The Indiana Supreme Court has scheduled arguments next month that could determine whether an Indianapolis off-track betting parlor may continue to allow smoking that’s otherwise banned in Marion County bars, restaurants and public places.
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Apple CEO Tim Cook keeps support for unbreakable encryption

December 18, 2015
 Bloomberg News
Apple Inc. Chief Executive Officer Tim Cook repeated his strong support for unbreakable encryption technology, despite criticism from global law enforcement agencies that believe the digital tools impede criminal and terrorism investigations.
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7th Circuit divided over injunction in defamation case

December 18, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals Friday found an injunction issued in a case involving religious artifacts and defamation claims was entirely too broad and threatened to silence the defendants completely. But the judges were split over whether the district court should be able to modify the injunction.
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Bankruptcy court seeks comment on expanding mediation procedure

December 18, 2015
IL Staff
The U.S. Bankruptcy Court for the Southern District of Indiana is seeking comment on its proposed expansion of a mortgage loss mitigation mediation program currently used in the New Albany division.
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Attorney admission fees increasing in Southern District

December 18, 2015
IL Staff
Beginning Jan. 1, the attorney admission to practice fee and the pro hac vice motion fee will increase in the U.S. District Court for the Southern District of Indiana.
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Parties settle latest dispute over Franklin County courthouse nativity

December 18, 2015
IL Staff
A lawsuit filed on behalf of the national nonprofit Freedom From Religion Foundation and the Satanic Temple challenging a nativity scene on the Franklin County courthouse has been settled. This is the second lawsuit filed in less than a year over the religious display.
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Ex-Subway pitchman Fogle moved to federal prison in Colorado

December 18, 2015
 Associated Press
Former Subway pitchman Jared Fogle has been moved to a low-security federal prison in Colorado where his attorneys had sought to have him serve out his more than 15-year sentence.
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Shkreli’s lawyer accused of templating sham retrophin share deal

December 18, 2015
 Bloomberg News
A handcuffed Evan Greebel walked out of the FBI’s New York headquarters a few steps ahead of ex-Retrophin Inc. CEO Martin Shkreli, but prosecutors say the men were side- by-side when it came to a multimillion dollar fraud at the company’s expense.
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Uber barred from pushing new contract on drivers in pay suit

December 18, 2015
 Bloomberg News
Uber Technologies Inc. was barred from imposing a new contract on drivers who are suing the company to be treated like employees after a federal judge said the reworded agreement is confusing.
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Obama’s ‘no fly, no buy’ policy would test limits of gun rights

December 18, 2015
 Bloomberg News
President Barack Obama is trying to put Republicans on defense in the U.S. debate over gun rights with a call to ban people on the government’s no-fly list from buying firearms. The trouble is his proposal may be unconstitutional.
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Fishers High School takes We the People crown

December 18, 2015
Marilyn Odendahl
Fishers High School was crowned the champion in the Indiana We the People High School competition and will represent the state at the national competition in April 2016. In the middle school competition, Brown County Junior High School in Nashville took first place for the sixth consecutive year.
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Monarch Beverage again fails in liquor distribution suit

December 17, 2015
Marilyn Odendahl
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
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Indiana may consider regulating daily fantasy sports sites

December 17, 2015
 Associated Press
Indiana lawmakers are considering the possibility of regulating daily fantasy sports sites.
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Reversal: Expungement petitioner entitled to hearing when prosecutor objects

December 17, 2015
Dave Stafford
A trial court erred in denying a man’s expungement petition on a Class B felony conviction of aiding robbery because the statute requires a hearing when a prosecutor objects, the Indiana Court of Appeals ruled Thursday.
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Judge limits police expert testimony in excessive force case

December 17, 2015
Dave Stafford
A defense expert may not testify whether he believes a Richmond police officer used excessive force when he punched an unruly man in the face three or four times while the man was handcuffed to a hospital gurney.
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Retired AM General CEO wins Supreme Court pay dispute

December 17, 2015
Dave Stafford
The former president and CEO of South Bend-based AM General LLC was due the full benefit of a long-term incentive plan in cash when he retired, the Indiana Supreme Court ruled Wednesday.
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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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