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Whistleblower’s claim ‘sufficiently specific’ to continue with lawsuit

December 18, 2014
Marilyn Odendahl
A woman who claims she was fired after she blew the whistle about alleged accounting violations by her boss can move forward with her lawsuit against her former employer.
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New trial ordered after expert testimony improperly excluded

December 18, 2014
Jennifer Nelson
A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.
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COA affirms East Chicago judge’s request for more money

December 18, 2014
Jennifer Nelson
An East Chicago City Court judge carried her burden to establish that the $65,000 in requested funds were reasonably necessary, the Court of Appeals held Thursday in affirming the grant of her mandate request. The appellate judges also decided the city court is entitled to appellate fees and expenses.
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Public intoxication statute constitutional, but ‘annoying’ man’s conviction vacated

December 18, 2014
Jennifer Nelson
The Indiana Supreme Court vacated a man’s public intoxication conviction after finding his agitation does not rise to the level that would annoy a reasonable person. But the justices did find that the statute is not unconstitutionally vague.
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Conour victim settles suit naming Doehrman

December 18, 2014
Dave Stafford
Victims of convicted fraudster and former attorney William Conour have settled a lawsuit that named a one-time Conour associate as a defendant.
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Judge rejects NCAA concussions deal

December 18, 2014
 Associated Press
A federal judge in Chicago rejected a proposed $75 million class-action head injury settlement with the National Collegiate Athletic Association on Wednesday, portraying the deal as too unwieldy and potentially underfunded and urging both sides to go back to the drawing board.
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Supreme Court dismisses appeal in right-to-work case

December 17, 2014
Jennifer Nelson
The Indiana Supreme Court dismissed a Lake County lawsuit challenging the state’s right-to-work law after the state and plaintiffs filed a motion to dismiss.
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Justices find detective’s inadmissible hearsay is harmless error

December 17, 2014
Jennifer Nelson
The Indiana Supreme Court reinstated a man’s conviction of being a serious violent felon in possession of a firearm after finding that a detective’s inadmissible hearsay amounts to a harmless error.
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Malicious prosecution suit against Kentucky man and his lawyer may proceed

December 17, 2014
Jennifer Nelson
The former employers of a man who sued them for discrimination and later dismissed his claims may proceed with their lawsuit alleging malicious prosecution and other claims against that man and his attorney, the Court of Appeals ruled Wednesday.
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COA orders trial court to rule on motion to set aside tax deed

December 17, 2014
Jennifer Nelson
Because a man’s appeal of the issuance of a tax deed was improperly before the Indiana Court of Appeals, the court dismissed the appeal without prejudice and told the trial court to rule on his motion to set aside.
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Man’s 76-year sentence for kidnapping driver affirmed

December 17, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected all of a man’s arguments on appeal as to why his convictions and sentence should be overturned for his kidnapping and robbery of a delivery driver.
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Despite jury instruction error, man’s battery conviction upheld

December 17, 2014
Jennifer Nelson
Although the trial court erred in giving one jury instruction on self defense that only applies when deadly force is involved, the Indiana Court of Appeals affirmed an inmate’s Class A misdemeanor battery conviction because he otherwise couldn’t prove his self-defense claim.
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Online database shows convictions bring consequences beyond incarceration

December 17, 2014
Marilyn Odendahl
The American Bar Association has completed work on a national database that identifies the legal restrictions and prohibitions that individuals convicted of a crime face in addition to the sentence imposed by the court.
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COA upholds most of man’s spice convictions

December 17, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday affirmed all but one of a man’s drug convictions related to his selling of the drug commonly referred to as “spice” in his smoke shop. The judges also chastised the deputy attorney general who handled the case for again submitting a “foul” smelling record.
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General counsel are business enablers in the corporate environment

December 17, 2014
Tom Harton
The days of in-house legal departments working in the shadow of the executive suite are history, or should be. That’s the perception of general counsel in Indiana, who want a seat at the table in setting strategy for their companies and organizations. A recent Indiana general counsel survey reveals more.
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Indiana senator plans medical marijuana proposal

December 17, 2014
 Associated Press
A state senator says she plans to push for the legalization of medicinal marijuana in Indiana.
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Jury selected to hear in vitro dismissal lawsuit

December 17, 2014
 Associated Press
A jury has been selected to hear a schoolteacher's lawsuit over her claim she was dismissed by a northern Indiana Roman Catholic diocese because she tried to get pregnant through in vitro fertilization.
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The changing face of the judiciary

December 17, 2014
IL Staff
When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state’s appellate courts were being led by women. Indiana Lawyer recently invited Indiana Chief Justice Loretta Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as the opportunities and challenges today’s courts and lawyers face.
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Judge holds 2013 abortion law violates Equal Protection Clause

December 17, 2014
Marilyn Odendahl
A ruling in federal court has essentially struck down Indiana’s restrictions on drug-induced abortions, but the argument that the law places an undue burden on women caused the court to refrain from making a final judgment.
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Death records law causing headache for genealogists

December 17, 2014
Marilyn Odendahl
Although the Indiana Supreme Court recently confirmed that death certificates listing the cause of death are public records, the state is continuing to grapple with questions over privacy and online access to the documents.
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State and federal courts clamp down on confidential filings

December 17, 2014
Dave Stafford
Come Jan. 1, lawyers better make certain they’re on firm ground before asking a judge to file court pleadings under seal. Attorneys also may face new liability if confidential information is mistakenly entered in a public case file. State and federal courts have rewritten rules for when and how court pleadings can be filed out of public view, reaffirming they should be open to inspection with limited exceptions.
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Conour pursues wire fraud appeal

December 17, 2014
Dave Stafford
As ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge moves ahead, so do victim lawsuits that seek to collect damages from colleagues who practiced with him years earlier and from a Conour creditor.
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Inside the Criminal Case: Grand juries in Indiana shrouded by law

December 17, 2014
James Bell, K. Michael Gaerte
The effectiveness of grand juries has been in the news lately. In one case, a Missouri grand jury failed to indict a police officer in a case involving the death of an unarmed suspect. When inconsistent testimony was raised as a possible justification for this result, many opined that police needed to carry body cameras. However, approximately a week later, a New York grand jury failed to indict another police officer involved in the death of an unarmed suspect where the officer’s interactions with the suspect were caught on a cellphone video. This led lawyers and non-lawyers alike to wonder what happens behind the closed doors of grand juries. This article speaks to how grand juries are used in Indiana.
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Federal Bar Update: End-of-year tweaks to federal court rules

December 17, 2014
John Maley
John Maley takes a look at rule changes in federal courts and reminds attorneys that the rule on Statement of the Facts has been deleted.
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Lucky, plucky owners reclaim and renew famous Hoosier trademarks

December 17, 2014
Dave Stafford
Entrepreneurs enjoying sweet successes and heady times with the resurgence of their retro products took varied paths to claim the rights to bring back brands with deep Hoosier roots. The new owners of Roselyn Bakery, Choc-Ola chocolate drink and Champagne Velvet beer got dormant brands back on store shelves by capitalizing on trademarks that had disappeared from the marketplace but retained a certain cachet.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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