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ITLA focuses on education, legislation, amicus briefs
December 8, 2010
Rebecca BerfangerAs the year comes to a close, the president of the Indiana Trial Lawyers Association said the organization of about 1,000
members will continue its three major goals: to provide educational opportunities, to write amicus briefs when there is a
broader issue that can apply to cases and clients of trial attorneys, and to track bills as they are submitted by legislators
for the 2011 session of the Indiana Legislature.
MoreEditorial: Election Day 2010 provides cause for concern
December 8, 2010
Editorial Indiana LawyerHere's to hoping reason and sanity will prevail, but we're not holding our breath.
MoreJudge's collection inspired military museum in Vincennes
December 8, 2010
Rebecca BerfangerAfter starting his collection of World War II memorabilia as a child, almost three decades ago a judge in southern Indiana
had amassed enough artifacts, including jets and tanks, to open a museum in Vincennes.
MoreCOA: 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.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.