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Abortion, race, immigration among last Supreme Court cases

June 21, 2016
 Associated Press
It happens every June. The Supreme Court of the United States nears the finish line with the most contentious cases still to be resolved.
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Lawmaker: Indiana 'blew it' by not ensuring man had no guns

June 21, 2016
 Associated Press
Indiana "blew it" by not enforcing a gun ban against a man who was armed when he was arrested in California while traveling to a gay pride event, a state Democratic lawmaker said Tuesday while advocating for stricter gun controls.
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Attorney wins $9.5M for family of man who died in rehab hospital

June 21, 2016
Scott Roberts
An Indiana attorney has won what he claims is a record amount from a wrongful death lawsuit as a Lake County jury Friday awarded the family of a man who died in a rehabilitation hospital $9.5 million.
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COA: ADA does not apply in termination proceedings

June 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled the Americans with Disabilities Act does not apply in termination of parental rights proceedings in a case where a deaf father with cognitive and mental health problems appealed the termination of his parental rights to his son.
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Device lawsuits plague Cook Medical

June 21, 2016
Indianapolis Business Journal, John Russell
The lawsuits against Cook Medical began four years ago with a trickle but have since turned into a gusher, now surpassing 500.
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Zionsville decides not to appeal decision in Wal-Mart case

June 21, 2016
Lindsey Erdody, Indianapolis Business Journal
Zionsville doesn't plan to appeal a recent court decision requiring the town to approve Wal-Mart Store Inc.'s 10-year-old proposal for a store along Michigan Road.
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Led Zeppelin lawyers ask judge to toss 'Stairway' case

June 21, 2016
 Associated Press
Led Zeppelin's lawyers asked a judge to throw out a case accusing the band's songwriters of ripping off a riff for "Stairway to Heaven."
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SCOTUS rules for police in search case

June 20, 2016
 Associated Press
A divided U.S. Supreme Court bolstered police powers on Monday, ruling that evidence of a crime in some cases may be used against a defendant even if the police did something wrong or illegal in obtaining it.
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SCOTUS rejects appeal from Illinois smokers

June 20, 2016
 Associated Press
The U.S. Supreme Court on Monday rejected an appeal from Illinois smokers who sought reinstatement of a $10.1 billion class-action judgment in a long-running lawsuit against Philip Morris.
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Justices rap Labor Dept. over change in overtime pay rules

June 20, 2016
 Associated Press
The Supreme Court of the United States ruled Monday that the Labor Department must do a better job of explaining why it is changing a longstanding policy on whether certain workers deserve overtime pay.
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Reynolds wins at US high court in EU drug-money lawsuit

June 20, 2016
 Bloomberg News
A divided U.S. Supreme Court threw out a European Union suit that accused Reynolds American Inc. of orchestrating a global scheme to launder drug money, in a ruling that limits the reach of a federal racketeering law that can impose heavy damage awards.
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When mass shooters die, some feel better off with no trial

June 20, 2016
 Associated Press
Through his death in a gun battle with police, the Orlando nightclub gunman deprived his victims' families of the chance for a trial that could have helped to channel grief, offer a sense of justice or provide answers for the bloodshed. But some touched by other mass shootings in which the killers have died say they are grateful to be spared the extended, emotionally grueling legal proceedings.
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US Supreme Court leaves state assault weapons bans in place

June 20, 2016
 Associated Press
The Supreme Court of the United States has rejected challenges to assault weapons bans in Connecticut and New York, in the aftermath of the shooting attack on a gay nightclub in Orlando, Florida, that left 50 people dead.
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US Supreme Court upholds rules used by patent-review board

June 20, 2016
 Bloomberg News
The U.S. Supreme Court upheld a system that has helped companies like Google Inc. and Apple Inc. invalidate hundreds of disputed patents without having to go to court.
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Legal Service Corp.’s Levi putting spotlight on crisis in legal aid

June 20, 2016
Marilyn Odendahl
Emphasizing that legal aid is having to turn away half of those who ask for assistance, Legal Service Corp. board chair John Levi is pushing to raise public awareness and ultimately get more resources flowing to legal services for low-income individuals.
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Central Indiana jail gets new staff, air-conditioner upgrade

June 20, 2016
 Associated Press
A central Indiana jail is getting an air conditioner upgrade and four new staffers after the county sheriff warned that heat and overcrowding had turned his lockup into a "powder keg."
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Report: Financial records taken in school corp. FBI raid

June 20, 2016
 Associated Press
A published report says financial records are key to a federal probe into a western Indiana school corporation.
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Man charged in cop's death again asks to represent self

June 20, 2016
 Associated Press
A man accused of killing an Indianapolis police officer in 2014 has again asked to represent himself in court.
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7th Circuit: Third time’s charm in gun sentencing

June 17, 2016
Dave Stafford
It took three appeals, but a man’s sentence for illegal firearm possession finally satisfied the 7th Circuit Court of Appeals.
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7th Circuit cuts attorney fees in Indy skyline photo case

June 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals found the district court did not calculate attorney fees correctly in a dismissed copyright lawsuit and remanded the case so the correct amount could be awarded.
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Judge rejects state’s appeal bid in deaf litigant case

June 17, 2016
Dave Stafford
A federal judge Friday rejected the state’s effort to appeal a ruling that a court discriminated against a deaf litigant, writing the bid was “a classic example of when an immediate appeal is not warranted.”
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Appeals court affirms reinstatement of drug sentence

June 17, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.
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COA dismisses appeal of agreed judgment

June 17, 2016
Scott Roberts
The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.
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Simon faces proposed class-action from guest services managers

June 17, 2016
Dave Stafford
Two former guest-services managers at shopping malls in Illinois and Oklahoma have sued Indianapolis-based Simon Property Group, claiming the retail property giant violated the Fair Labor Standards Act by failing to pay overtime and comply with other federal wage and hour provisions.
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Children of trucking exec challenge will, claim wife orchestrated changes

June 17, 2016
Jared Council, Indianapolis Business Journal
The children of deceased Celadon Group Inc. co-founder Steve Russell claim his second wife engineered changes to his will while he suffered from dementia, boosting the amount she would immediately inherit from his $31 million estate at their expense.
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  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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