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Uber vies to force arbitration in surge-price antitrust suit

May 25, 2016
 Bloomberg News
Uber Technologies Inc. is trying to force an antitrust suit over the company’s surge-pricing algorithm into arbitration, arguing the class-action case is attempting to dodge a ban on customers taking disputes to court.
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Governor: Texas suing over Obama's transgender directive

May 25, 2016
 Associated Press
The state of Texas is suing the Obama administration over its directive to U.S. public schools to let transgender students use the bathrooms and locker rooms that match their gender identity, Gov. Greg Abbott said Wednesday.
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Legislative study committee will examine LGBT civil rights

May 25, 2016
 Associated Press
Indiana lawmakers will have a committee study the possibility of adding LGBT civil rights protections into state law.
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COA: Gun evidence lawfully obtained

May 25, 2016
Scott Roberts
In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.
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IndyCar sues organizers of canceled Boston race

May 25, 2016
 Associated Press, IBJ Staff
IndyCar has filed a breach-of-contract lawsuit against the organizers of the canceled Grand Prix of Boston, which had been planned for Labor Day weekend this year and again each year through 2020.
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IBM contests judge’s removal petition in welfare-privatization suit

May 25, 2016
Dave Stafford
The state’s petition to remove a trial court judge who oversaw the civil lawsuit over the canceled $1.3 billion contract with IBM to overhaul Indiana’s welfare system is “factually incorrect,” according to an attorney representing IBM.
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Senate report: Illegal immigration costs state $131M

May 25, 2016
Hayleigh Colombo, IBJ Staff
Indiana lawmakers studying the issue of illegal immigration in the state will view a report Wednesday that finds undocumented people will cost the state’s taxpayers $130.7 million this year.
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Cosby lawyers outline defense as case heads to trial

May 25, 2016
 Associated Press
Bill Cosby's lawyers gave a blistering preview of the questions the actor's accuser will face at trial, as a judge refused to dismiss the sex-assault case at a preliminary hearing.
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Indiana University to file new suit against abortion law

May 25, 2016
 Associated Press
Indiana University intends to sue to try and block a new state law mandating that aborted fetuses be buried or cremated after a federal judge blocked its bid to join an existing lawsuit, a spokeswoman said Tuesday.
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Judge: Substantial progress in Volkswagen emissions talks

May 24, 2016
 Associated Press
Volkswagen and attorneys for vehicle owners affected by the company's emissions cheating scandal are on target to meet a June deadline for a final settlement proposal, a federal judge said Tuesday.
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GOP governors ask FCC to address illegal prison cellphones

May 24, 2016
 Associated Press
Ten Republican governors, including Indiana Gov. Mike Pence, want the Federal Communications Commission to give states more autonomy to apply technology that can stop prison inmates from using smuggled cellphones.
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Attorneys for death row inmate seek more time for appeal

May 24, 2016
 Associated Press
Attorneys for a Gary man sentenced to death for killing his wife and two teenage stepchildren have asked a magistrate to give him more time to sign a document needed for the case to be reviewed.
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Judge faces Supreme Court removal petition in State v. IBM case

May 24, 2016
Dave Stafford
Petitions filed Monday with the Indiana Supreme Court argue a Marion County judge defied a Supreme Court order and overstepped his authority in ruling on remand that the state could prove no damages from its canceled $1.3 billion welfare-privatization contract with IBM.
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Divided COA rules karate kick is an issue of material fact

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
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Breyer says US Supreme Court not diminished with only 8 members

May 24, 2016
 Associated Press
Justice Stephen Breyer said Monday that the Supreme Court of the United States has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.
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Property manager not liable in drunken driving crash, COA holds

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled the property management company of a Camby bar has no duty of care to a woman who was seriously injured in a car accident in which she and the driver were intoxicated.
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Officer cleared in black man's death, prosecutor criticized

May 24, 2016
 Associated Press
After two trials and no convictions, Baltimore's top prosecutor faces criticism that she moved too quickly to file charges against six officers in the case involving a 25-year-old black man who died a week after he was critically injured in police custody, triggering protests and riots a year ago.
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Court of Appeals hears woman's appeal of feticide conviction

May 24, 2016
 Associated Press
Indiana appeals court judges grilled an attorney for the state Monday over whether there was evidence a woman found guilty of neglect and feticide in a self-induced abortion knew she had given birth to a live child.
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COA divided over general contractor’s duty to provide safe workplace

May 23, 2016
Jennifer Nelson
The Indiana Court of Appeals voted 2-1 Monday to affirm summary judgment in favor of the general contractor of a Lafayette Gander Mountain project where a subcontractor’s employee was injured. The majority concluded the general contractor did not have a non-delegable contractual duty toward the injured worker.
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COA deals blow to AG’s foreclosure lawyer consumer suit

May 23, 2016
Dave Stafford
An effectively disbarred Florida attorney whose company hired Indiana lawyers to represent people in foreclosures must face a consumer lawsuit brought by the Indiana Attorney General’s Office, but her company is largely exempted, the Indiana Court of Appeals ruled Monday.
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Molest conviction affirmed; habitual offender waiver remanded

May 23, 2016
Scott Roberts
The Indiana Court of Appeals found a counsel's mistake did not constitute judicial admission in a man's trial when he was found guilty of molesting his stepdaughter. But the appeals court remanded his guilty plea for being a habitual offender, finding he did not waive his right to trial on the issue at court, his attorney did.
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Tom Brady to appeal 'Deflatgate' suspension again

May 23, 2016
 Associated Press
Tom Brady will appeal his four-game suspension by the NFL, seeking a second hearing before a circuit court.
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High court ruling helps federal workers file job bias claims

May 23, 2016
 Associated Press
The Supreme Court of the United States is making it easier for federal workers to file employment discrimination lawsuits after quitting their jobs over conditions they consider intolerable.
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Supreme Court throws out death sentence from all-white jury

May 23, 2016
 Associated Press
The U.S. Supreme Court ruled decisively in favor of a death-row inmate in Georgia on Monday, chastising state prosecutors for improperly keeping African-Americans off the jury that convicted him of killing a white woman.
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Ex-Subway pitchman Fogle asks appeals court to cut sentence

May 23, 2016
 Associated Press
The judge who sentenced former Subway pitchman Jared Fogle to more than 15 years in prison mistakenly believed he was involved in producing child pornography, and his sentence should therefore be reduced, Fogle's attorney said during a hearing Friday.
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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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