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COA affirms Pennsylvania proper forum for complaint

March 18, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.
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Reagan administration counsel to participate in symposium at McKinney

March 18, 2013
IL Staff
A former Reagan administration official will join the group of academic, government and business leaders making presentations next month at Indiana University Robert H. McKinney School of Law’s symposium on the Law and Financial Crisis.
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Judge says bank can pursue suit against broker

March 18, 2013
Scott Olson
The Peoples State Bank of Ellettsville can move forward with its lawsuit against broker Stifel Nicolaus & Co., which the bank claims duped it into investing $13 million in auction-rate securities just before those markets froze up.
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Evidence shows stabbing by inmate wasn’t in self defense

March 15, 2013
Jennifer Nelson
A Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was in self defense.
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Judges affirm reduction of subrogation lien

March 15, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to pay the full amount of the couple’s claim following a car accident.
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Man’s statement on drug allowed at trial

March 15, 2013
Jennifer Nelson
The Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s statement to police that he had marijuana in his car.
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Wabash College sophomore will design art project honoring Shepard

March 15, 2013
IL Staff
A child’s handprint designed by Wabash College sophomore John Vosel has been chosen as the monument to honor former Chief Justice Randall T. Shepard in a new Evansville park.
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Interviews Monday for St. Joseph judicial opening

March 15, 2013
IL Staff
The St. Joseph Superior Court Judicial Nominating Commission meets Monday to conduct interviews of applicants to fill a vacancy on the court due to Judge Michael P. Scopelitis’ retirement.
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DCS centralized hotline undergoes changes in advance of legislation

March 14, 2013
Marilyn Odendahl
Prior to the Indiana General Assembly implementing recommendations from an interim study committee, the Indiana Department of Child Services is making changes.
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Man must reinstate original complaints for lawsuits to proceed

March 14, 2013
Jennifer Nelson
The Indiana Court of Appeals held Thursday that a man with a propensity to sue over purchases made online may not file a new lawsuit in Marion County after a similar one was dismissed without prejudice.
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COA affirms angry ex-boyfriend’s battery convictions

March 14, 2013
Jennifer Nelson
A northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s car with his.
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Synthetic drug ban, human trafficking bills move out of committee

March 14, 2013
IL Staff
Senate bills stiffening the state’s synthetic drug ban and strengthening Indiana’s human trafficking laws were approved unanimously by the House of Representatives Committee on Courts and Criminal Code Wednesday.
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ACLU of Indiana claims ordinances on door-to-door canvassing violate First Amendment

March 14, 2013
Jennifer Nelson
The ACLU of Indiana announced Thursday it has filed lawsuits against the town of Yorktown and the city of Jeffersonville because their ordinances regulating the activities of door-to-door canvassers violate the right to free expression under the U.S. Constitution.
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Gerdt Furniture owners embroiled in $4M court fight

March 14, 2013
Scott Olson
A family dispute involving the owners of Gerdt Furniture & Interiors Inc. has led to a lawsuit accusing them of owing nearly $4 million in unpaid rent and loans.
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Judges deny prisoner’s request to appeal without paying fees

March 13, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s argument that he and other prisoners do not need to pay appellate filing and docketing fees, and so a District Court’s certification of appeal is irrelevant.
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Woman suing for unpaid wages passes ‘duck test’

March 13, 2013
Jennifer Nelson
Indiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the Wage Payment Act.
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7th Circuit again reverses drug sentence for minor role reduction

March 13, 2013
Dave Stafford
A man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider his minor role compared with conspirators.
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House Committee approves CHINS bill returning power to prosecuting attorneys

March 13, 2013
Marilyn Odendahl
A bill giving prosecuting attorneys the ability to file a Child in Need of Services petition continues to garner strong support in the Indiana General Assembly.
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Indiana's longest-serving attorney will retire from practice at 96

March 13, 2013
Dave Stafford
Alexis “Alex” Thomas Cholis is winding down his law practice. More than 70 years after admission to the bar, he’s decided it’s time.
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Indiana Senate president pro tem pushes for Constitutional Convention

March 13, 2013
Marilyn Odendahl
Indiana Senate President Pro Tem David Long admits his effort to convene a state-driven Constitutional Convention will be a struggle.
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Conison taking helm of young law school

March 13, 2013
Marilyn Odendahl
Jay Conison had been planning to step down as dean of the Valparaiso University Law School, but his decision to lead another law school was an unexpected opportunity and one that will keep him focused on changing legal education.
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Dean's Desk: Notre Dame Law in Chicago shows promise

March 13, 2013
Nell Jessup Netwon
Chicago is the No. 1 destination for Notre Dame Law School graduates, followed closely by Washington, D.C., New York City and Los Angeles, with Indianapolis rounding out the top five. But while many NDLS students plan to practice law in a major metropolitan area, until recently there were limited opportunities for them to explore and experience what it is actually like to practice law in a big city.
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Technology Untangled: App lets you use iPad as an extra PC display

March 13, 2013
Stephen Bour
Today we will look at another way to deploy an extra display by using the portable device you likely carry with you everywhere: your iPad.
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Lucas: Another year older and, hopefully, wiser

March 13, 2013
Kelly Lucas
As they say, time flies when you are having fun. I’ve found that it also seems to stampede past when you are very busy. Both have been the case for the staff of the Indiana Lawyer. But time moves on, which is a good thing, and with this issue of the paper Indiana Lawyer turns another year older.
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DTCI: Early mentors influenced me as an attorney

March 13, 2013
From DTCI
How did I turn out like this? After practicing law for 32 years, I decided it was time to look back and examine the reasons that I behave certain ways.
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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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