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Indiana Judges Association: 7 hopes on a judicial holiday wish list

December 16, 2015
David Dreyer
As we complete a long, complicated year, my great judge journey leads me to a wish list. While wish lists are not uncommon for gift-giving season, or the start of a new year, this one is intended for regular rumination.
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Neutral Corner: Case reaffirms enforceability of settlement agreements

December 16, 2015
John Van Winkle
A recent Indiana Court of Appeals opinion reaffirmed prior Indiana cases holding that settlement agreements, whether reached with or without mediation, are governed by the general principle of contract law and generally not required to be in writing.
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Quick: Time to develop a social media marketing strategy

December 16, 2015
Jon Quick
If I told you there was a way to market your law firm for absolutely no cost and get responses from thousands and thousands of people globally, would you be interested in doing it?
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Open House: Renovated Bingham Greenebaum Doll offices reflect changes in legal profession

December 16, 2015
Marilyn Odendahl
Managing partner Tobin McClamroch explained the new office design reflects how the legal profession is changing.
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2 recent cases in federal court showcase trademark treachery

December 16, 2015
Dave Stafford
A steel giant’s trade name was used to misrepresent business deals with the intent to procure millions of dollars worth of machinery and financing, and an Amish-country spice maker alleges a local rival is ripping off its registered trademark. These two recent cases in the U.S. District Court for the Northern District of Indiana illustrate the difficulties in policing registered marks on intellectual property, but the cases also show the means of recovery at rights holders’ disposal when their IP marks are violated.
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Schantz: Infringing IP in your home with 3-D printing

December 16, 2015
Adherence to a few principles will avoid many of the intellectual property potholes on the road of 3-D printing.
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Warr: Cybersecurity lessons learned from an ostrich

December 16, 2015
When the topic of cybersecurity arises, many companies react by burying their heads in the sand. However, playing an ostrich when it comes to cybersecurity will not save you.
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Nguyen: Banking on intellecutal property

December 16, 2015
What do startups and high-growth companies have in common? Intellectual property is their most valuable asset, separating one company from the others in a fiercely competitive tech environment.
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Hammerle on ... 'Brooklyn,' 'Creed'

December 16, 2015
Robert Hammerle
Bob Hammerle says Sylvester Stallone is magnificent as an aging man searching for meaning in "Creed."
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Blended gasoline raises question of tax exemption

December 15, 2015
Marilyn Odendahl
A convenience store’s process for mixing two grades of gasoline left too many questions unanswered for the Indiana Tax Court to determine if the equipment used in the blending process was tax exempt.
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Indiana’s cold beer prohibition survives rational-basis review

December 15, 2015
Marilyn Odendahl
Finding retailers did not meet their burden in attempting to overturn one of Indiana’s quirky alcohol laws, the 7th Circuit Court of Appeals ruled the state’s limits on the sale of cold beer is not unconstitutional.
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Lawmakers offer alternative to cold medicine sales crackdown

December 15, 2015
 Associated Press
Republican Sens. Randy Head of Logansport and Jim Merritt of Indianapolis said pharmacists should have the authority to approve or disapprove sales for medicines containing pseudoephedrine, which is a decongestant used to treat colds and allergies. A rival measure backed by Indiana prosecutors and GOP House Speaker Brian Bosma would require a prescription for such medicines.
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Attorney questions if schools complied with Nativity ruling

December 15, 2015
 Associated Press
An attorney who filed a lawsuit that led to a federal judge banning a northern Indiana school district from including a live Nativity scene in its annual Christmas show says he believes the district's use of mannequins instead of student actors had many of the same constitutional flaws.
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Ex-Subway pitchman Jared Fogle appealing child porn sentence

December 15, 2015
 Associated Press
Former Subway pitchman Jared Fogle is appealing the more than 15-year prison sentence he received for possessing child pornography and having sex with underage prostitutes, which was longer than the maximum term prosecutors agreed to pursue as part of his plea deal.
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Study: Smaller counties driving jail population growth

December 15, 2015
 Associated Press
A study shows jail populations in mid-sized counties with populations of 250,000 to 1 million residents grew by four times and small-sized counties with 250,000 residents or fewer grew by nearly seven times since 1978. In that time large county jail populations grew by only about three times.
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Fraud claims against insurers wrongly dismissed

December 15, 2015
Dave Stafford
Plaintiffs who purchased cash-value life insurance policies for their employees and deducted those contributions on income taxes that were later disallowed were wrongly denied their day in court against the insurers.
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‘Inference of discriminatory motive’ in striking juror not reversible error

December 15, 2015
Dave Stafford
The Indiana Court of Appeals noted one of a prosecutor’s reasons for striking a prospective juror in a criminal case “raises an inference of discriminatory motive,” but this was insufficient to reverse a man’s felony resisting law enforcement conviction.
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7th Circuit upholds Indiana’s cold beer law

December 14, 2015
Marilyn Odendahl
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.
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Justice Dickson honored at We the People dinner

December 14, 2015
Marilyn Odendahl
The Indiana Bar Foundation used its 2015 Civics Dinner to present the President’s Award to Dickson for his many years of service to the Supreme Court, the judiciary, the legal profession and the state.
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Reversal: Host owed duty to guest who died after drinking, fight

December 14, 2015
Dave Stafford
The host of a birthday party for her live-in boyfriend had a duty to render aid to a guest she saw unconscious after he’d been drinking and involved in a fight, the Indiana Court of Appeals ruled. The man later died.
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High court: DirectTV can cut off class-action lawsuit

December 14, 2015
 Associated Press
The United States Supreme Court ruled Monday that satellite provider DirecTV can avoid a class-action lawsuit in California over early termination fees and force customers into private arbitration hearings instead.
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Justices block Alabama court order in lesbian adoption case

December 14, 2015
 Associated Press
The U.S. Supreme Court has sided with a lesbian mother who wants to see her adopted children, blocking an Alabama court's order that declared the adoption invalid.
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High court rejects LA appeal over $5.7M jury award to felon

December 14, 2015
 Associated Press
The justices on Monday let stand a lower court ruling that upheld the award to Robert Contreras, who was left paralyzed after police shot him multiple times when he fled the scene of a drive-by shooting in 2005.
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Justices: Kentucky death sentence wrongly overturned

December 14, 2015
 Associated Press
Justices ruled Monday that a federal appeals court was wrong to overturn Roger Wheeler's sentence based on the exclusion of a juror who expressed reservations about the death penalty.
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Banned live Nativity goes on with mannequins

December 14, 2015
 Associated Press
School officials say a federal judge's injunction only applied to a live scene and that they complied with the order.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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