Latest News
COA: student loan funds exempt from garnishment
December 7, 2010
Rebecca BerfangerThe Court of Appeals today found that student loan funds that had been deposited in a personal account were exempt when it
came to whether those funds could be taken from a defendant’s bank account to satisfy a judgment regarding legal fees
the defendant owed to the plaintiff.
MoreCourt reverses because of DCS notification policy
December 7, 2010
Michael HoskinsThe Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both
the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying
him of CHINS proceedings that ultimately led to his paternal rights being taken away.
MoreJudges uphold denying visitation to ex-partner
December 7, 2010
Jennifer NelsonThe Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with
third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow
parents and third parties to circumvent the requirements of the Adoption Act.
MoreFree CLE offered for pro bono volunteers
December 7, 2010
Rebecca BerfangerBar associations and pro bono districts are working together to encourage attorneys to sign up to participate in the annual
statewide Talk to a Lawyer Today event taking place Jan. 17, 2011. Free CLE, which is offered in December and January to lawyers
who volunteer their time with TTALT but is not required to participate in the event, is a video replay of a CLE that originally
took place in Indianapolis in October.
MoreSale to trust creates first impression
December 6, 2010
Jennifer NelsonA sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression
for the Indiana Court of Appeals Monday.
MoreCourt splits on duty owed by independent contractor
December 6, 2010
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an
“impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was
injured.
MoreSocial-services recipients entitled to injunctive relief
December 3, 2010
Jennifer NelsonThe Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t
name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana
Court of Appeals ruled Friday.
MoreCOA: Man’s intoxication doesn’t prevent recovery
December 3, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that
an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.
MoreCourt orders attorney’s fees following bad faith appeal
December 2, 2010
Jennifer NelsonThe Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third
amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to
the estate.
More7th Circuit: judge erred when sentencing man
December 2, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because
the judge cited incorrect information during sentencing.
MoreIce Miller elects new chief managing partner
December 2, 2010
IL StaffPhillip L. Bayt has been chosen as the new leader for Indianapolis-based law firm Ice Miller. Bayt will take over chief managing
partner duties Jan. 1 from Byron Myers, whose term expires at the end of the year.
MoreJudges: Officers lacked reasonable suspicion to stop and detain man
December 1, 2010
Jennifer NelsonBecause a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court
of Appeals reversed his drug conviction today.
MoreRule inapplicable as witness’s credibility not attacked
December 1, 2010
Jennifer NelsonThe Indiana Court of Appeals found a trial court didn’t err by not letting a defendant introduce evidence of his brother’s
prior robbery because the defendant wasn’t attacking the brother’s credibility.
MoreAnnual law school event to celebrate human rights
December 1, 2010
Rebecca BerfangerTo celebrate the anniversary of the United Nations’ adoption and proclamation of the Universal Declaration of Human
Rights, various human rights organizations based in Central Indiana will host the program, “Human Rights Defenders:
Voices from the Community,” at Indiana University School of Law – Indianapolis.
MoreAppellate court upholds enforcing settlement agreement
November 30, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement,
finding the parties agreed to the essential terms resolving the issues between them.
MoreJudge denies state's motion to dismiss school-funding lawsuit
November 30, 2010
Jennifer NelsonA lawsuit brought by parents and three school corporations regarding the state’s school-funding formula has been allowed
to proceed, a Hamilton Superior judge ruled.
MoreAttorneys ask judge to recuse himself from Simon case
November 30, 2010
Cory SchoutenAttorneys for Bren Simon turned their ire toward a Hamilton County judge on Tuesday, asking him to recuse himself from a legal
battle over real estate magnate Melvin Simon's $2 billion estate.
MoreAttorney general wants to rewrite civil forfeiture law
November 30, 2010
IL StaffIndiana Attorney General Greg Zoeller is asking legislators to make changes to the state’s civil forfeiture law during
the 2011 session. He wants to work with lawmakers to create and pass a bill that establishes a formula on how forfeitures
would be distributed and enacts stricter regulations on the use of outside counsel to file civil forfeiture actions on behalf
of prosecutors.
MoreALJ didn't inform vocational expert on the totality of claimant's limitations
November 29, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals reversed a District Court’s upholding of the Social Security Administration’s
denial of a woman’s application for benefits because the Administrative Law Judge erred by not including her moderate
limitation on concentration, persistence, and pace in the hypothetical he posed to a vocational expert.
MoreCOA: admitting teen's confession was a fundamental error
November 29, 2010
Jennifer NelsonAn Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t
infringe upon meaningful consultation when a juvenile is involved.
MoreCircuit Court reverses stay on producing public records
November 29, 2010
Jennifer NelsonA northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city
to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals
concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed
by federal law because the request constituted discovery proceedings.
MoreAG's involvement questioned in prosecutor forfeiture suit
November 24, 2010
Michael HoskinsThe Indiana Attorney General’s Office plans to “zealously defend” 78 prosecutors being sued over civil forfeiture
collection practices, meaning the state courts will likely have to analyze not only the merits of that issue but also whether
two separate state statutes restrict how Indiana’s top attorney can intervene in this taxpayer-filed qui tam lawsuit.
MoreOpinion regarding insurance company considers definition of ‘ever’
November 24, 2010
Rebecca BerfangerAn Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever”
on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled,
or non-renewed.”
MoreCourt didn't err in ordering cash bond
November 24, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a trial court’s order that the two beneficiaries of a piece of property who objected
to the sale of the land must each pay a $100,000 cash bond. The case also gave the appellate court the opportunity to decide
the standard of review in this type of challenge.
MoreJustices order Marion County traffic judge's suspension
November 24, 2010
Michael HoskinsThe Indiana Supreme Court has ordered the 30-day no pay suspension of the Marion County traffic judge who’s admitted
he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants
from exercising their constitutional right to trial.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.