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State to get $1.6M in ‘robo-signing’ settlement

February 4, 2013
IL Staff
Indiana will receive more than $1.6 million from a Florida-based company after agreeing to settle claims that it fraudulently “robo-signed” mortgage-related documents. Indiana Attorney General Greg Zoeller announced the settlement Friday, which is part of a $120 million multi-state settlement with Lender Processing Services Inc.
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Certain religious organizations may not have to provide contraceptives

February 4, 2013
Jennifer Nelson
Religious employers – primarily churches and other non-profits – will no longer have to provide contraceptive coverage if they have religious objections under the Patient Protection and Affordable Care Act if proposed amendments by the U.S. Department of Health and Human Services are implemented.
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Defense attorneys turn tough in Bales trial

February 1, 2013
Cory Schouten
The legal team representing real estate broker John M. Bales and partner William E. Spencer haven't called their first witness and already they're putting up a spirited fight as federal prosecutors seek to prove charges including bank, mail and wire fraud.
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Judges uphold sentence, but revise original opinion

February 1, 2013
Jennifer Nelson
The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.
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7th Circuit reverses dismissal of prisoner’s suit

February 1, 2013
Jennifer Nelson
A lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.
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Right to hunt amendment hearing Monday

February 1, 2013
IL Staff
The Senate Agriculture and Natural Resources Committee will hear Senate Joint Resolution 7 Monday, which looks to add to the Indiana Constitution the right to hunt and fish.
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House Judiciary Committee to look at foreclosure fee, privacy issues

February 1, 2013
IL Staff
At Monday’s House Judiciary Committee, members will discuss three bills, including one that requires a court clerk to collect a $50 mortgage foreclosure counseling and education fee in certain cases.
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Fraudulent concealment tolls Wrongful Death Act’s limitations period

January 31, 2013
Jennifer Nelson
The Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of first impression.
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Former Venture employee turns on Bales during testimony

January 31, 2013
Cory Schouten
An FBI investigation into Venture Real Estate Services and principals John Bales and Bill Spencer had already begun when Matthew Dyer signed on as the company's controller in December 2009.
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Couple had to get permit before installing septic systems

January 31, 2013
Jennifer Nelson
Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.
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Court reverses grant of custody to grandmother

January 31, 2013
Jennifer Nelson
Finding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of her mother.
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Husband’s settlement proceeds should be included in marital pot

January 31, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds from an action against his former employer as a marital asset when he and his wife divorced.
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Weinberger owes patient $150k for unnecessary surgery

January 31, 2013
Jennifer Nelson
Dr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’ sinuses, must pay one patient $150,000 on a medical malpractice claim.
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Judges affirm 53-year sentence for bank shooting

January 31, 2013
Jennifer Nelson
The man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by the Indiana Court of Appeals.
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7th Circuit grants injunction in company’s suit against providing employees contraceptives

January 31, 2013
Jennifer Nelson
Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.
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Governor appoints Bonaventura as DCS head

January 31, 2013
IL Staff
Gov. Mike Pence named Lake Superior Juvenile Senior Judge Mary Beth Bonaventura as director of the Department of Child Services Wednesday.
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Judges rule on 'contentious' child support dispute, again

January 30, 2013
Jennifer Nelson
For the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor regarding certain bonuses.
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COA reverses former principal’s conviction for failing to immediately report student’s alleged rape

January 30, 2013
Jennifer Nelson
A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
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Supreme Court vacates transfer in bond case

January 30, 2013
IL Staff
The Indiana Supreme Court issued an order Monday vacating transfer to a case it accepted in October.
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Defense attorneys in Bales case trash former co-defendant

January 30, 2013
Cory Schouten
Indianapolis attorney and developer Paul J. Page is no longer a co-defendant in the fraud trial of real estate broker John M. Bales and a partner after agreeing to a plea deal, but you wouldn't know it from the action Tuesday in the U.S. District Court for the Northern District of Indiana.
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Justices accept, rule on 1 case on transfer

January 30, 2013
IL Staff
The Indiana Supreme Court took just one case last week and issued its decision on the matter the same day.
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Senate panel advances DCS oversight measure

January 30, 2013
Dave Stafford
A proposed commission that grew from a study committee examining problems at the Department of Child Services cleared the Senate Judiciary Committee Wednesday.
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Indiana authors 2 amicus briefs in same-sex cases before SCOTUS

January 30, 2013
The issue of same-sex marriage is before the Supreme Court of the United States, and Indiana has authored one amicus brief and co-authored another arguing that the states should be able to define marriage.
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Student kicked out of IU medical school loses on breach of contract claim

January 30, 2013
Jennifer Nelson
An Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract claim.
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Judging the jury

January 30, 2013
Dave Stafford
Dennis Stolle is a partner at Barnes & Thornburg LLP, but his skills as a doctor of social psychology are more important in his niche as a jury consultant.
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  1. 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.

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

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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