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COA outlines approach to awarding attorney fees in estate challenges

October 14, 2015
In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.
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Jury: Apple infringed on Wisconsin university's tech patent

October 14, 2015
 Associated Press
A federal jury has found Apple Inc. infringed on a technology patent held by the foundation that protects the University of Wisconsin's intellectual property.
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Boilerplate language can’t support warrant for blood draw

October 14, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.
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Confidence levels remain muted, partners say

October 14, 2015
 Bloomberg News
If there’s optimism among law firm managing partners, it’s muted at best.
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Ernst & Young confronts Madoff’s specter in trial over audits

October 14, 2015
 Bloomberg News
Ernst & Young LLP took Bernie Madoff at his word when it signed off on audits of a fund that helped feed the biggest Ponzi scheme in U.S. history. The firm must now defend that decision at the first trial of an auditor over losses tied to Madoff, who’s serving a 150- year prison term for stealing billions of dollars from thousands of investors.
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DOC recommends stretching $5 million to 41 counties

October 13, 2015
Marilyn Odendahl
The Indiana Department of Correction, going against previous advice, has proposed spreading newly available state money around to several counties to help provide rehabilitation and treatment for the low-level offenders who will be coming to county jails.
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Convicted sex offender seeks chance to take Ohio bar exam

October 13, 2015
 Associated Press
A former Army officer who served time in prison after repeatedly trying to meet girls for sex wants to become a lawyer, a move opposed by the legal profession, according to a case that has reached the state's highest court.
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Attorney: Fort Wayne clerk to resign weeks before election

October 13, 2015
 Associated Press
An attorney for Fort Wayne's longtime city clerk says she will resign weeks before the general election because of health reasons.
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SCOTUS hear arguments over life sentences for teenagers

October 13, 2015
 Associated Press
People serving life terms for murders they committed as teenagers were looking to the Supreme Court of the United States Tuesday for signals about whether they will have a chance to seek their freedom.
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Justices to review day care couple’s manslaughter convictions

October 13, 2015
Jennifer Nelson
The Indiana Supreme Court will decide whether a couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care should get new trials.
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Officer’s internal statement not allowed in criminal trial

October 13, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a Fort Wayne police officer that a statement he gave as part of an internal affairs investigation into his role in a break-in of a foreclosed home should not be allowed at his criminal trial.
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Dewey jury remains stuck over most counts against executives

October 13, 2015
 Bloomberg News
A jury considering fraud charges against three former executives at Dewey & LeBoeuf LLP remains deadlocked on most counts in its 18th day of deliberations.
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Indiana attorney general attending Mexico City conference

October 13, 2015
 Associated Press
Indiana's attorney general is traveling to Mexico City for a conference discussing issues such as human trafficking, drug trafficking and online privacy crimes.
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Indiana BMV admits in class-action case to 112 overcharges

October 13, 2015
 Associated Press
Indiana's Bureau of Motor Vehicles has admitted to more than 100 weight-class overcharges in court documents stemming from a class-action lawsuit alleging that the agency overcharged motorists by tens of millions of dollars.
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Man charged after shooting outside federal courthouse

October 12, 2015
IL Staff
A man who is accused of firing a handgun in front of the Birch Bayh Federal Courthouse in Indianapolis has been charged with firearm and drug offenses.  
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Indiana lawyers say they're not bound to report child abuse

October 12, 2015
 Associated Press
Some child welfare officials say there could be dangerous fallout from an Indiana State Bar Association committee's opinion that lawyers aren't bound by a state law requiring anyone who suspects child abuse to immediately report it.
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Billboard company suing city over digital sign ban

October 12, 2015
Scott Olson, IBJ Staff
A local billboard firm is suing the city of Indianapolis, claiming a recent Supreme Court of the United States decision makes the city's sign ordinance unconstitutional.
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Record pace for US law firm combinations continues

October 12, 2015
 Bloomberg News
Law firm mergers show no signs of abating. That’s the takeaway from a report from legal consultant Altman Weil Inc., which tracks the number of combinations -- both large and small – among firms.
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Total legal spending up 2 percent, survey says

October 12, 2015
 Bloomberg News
Total legal spending is up slightly – by 2 percent – according to HBR Consulting’s 2015 Law Department Survey. But, not surprisingly, outside counsel spending is flat compared with last year.
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Lawmakers may spoil fantasy sports party

October 12, 2015
Anthony Schoettle, IBJ Staff
The biggest showdown looming for fantasy football goliaths DraftKings and FanDuel has nothing to do with which one can nab the biggest share of the exploding daily fantasy sports market. Instead, state and federal lawmakers are taking a serious look at the legality of their services – a move that could put them out of business in Indiana and other states.
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Insurer can’t halt depositions in fatal church bus crash

October 12, 2015
Dave Stafford
The estate of a man killed in an Indianapolis church bus crash may proceed with a countersuit against an insurance company the estate claims acted in bad faith by refusing payment after the fatal crash.
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Lines being drawn for Indiana's next fight over LGBT rights

October 12, 2015
 Associated Press
Months after a divisive religious objections law thrust Indiana into an unwanted national spotlight, gay rights supporters and religious conservatives are preparing for another potentially bitter debate – this time over enshrining LGBT protections into state law.
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Man charged in pit bull attack on 2 Indiana women

October 12, 2015
 Associated Press
An Indiana man is facing misdemeanor charges after his pit bulls mauled and seriously injured two young women.
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Tippecanoe County program helps inmates with mental illness

October 12, 2015
 Associated Press
A new volunteer program offered by the Tippecanoe County Sheriff's Office is offering support to inmates with mental illnesses.
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Deed allows owners to make wells deeper, court rules

October 9, 2015
Jennifer Nelson
A family that sold mineral rights to a company but reserved the rights to oil and gas from certain producing wells was not restricted by the deed from making the reserved wells deeper, the Indiana Court of Appeals held Friday.
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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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