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Hammerle on … 'Frances Ha,' 'Fast & Furious 6'

June 19, 2013
Robert Hammerle
Hammerle's take on "Frances Ha": This is a movie that every woman should see who remembers the thrill and torment of being 27.
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Indiana applicants can use laptops to take bar exam

June 19, 2013
Marilyn Odendahl
While the state Board of Law Examiners considers making substantive changes to the Indiana Bar Exam, technology has already ushered in a change to how the test is taken. February 2012 applicants were the first allowed to use their laptops on the first day of the exam. They could type their essays as opposed to handwriting their thoughts in the traditional blue book.
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Although Miranda rights were violated, physical evidence still admissible

June 18, 2013
Marilyn Odendahl
Although a man’s incriminating statements made while sitting in a police car should have been suppressed, the Indiana Court of Appeals ruled the error was harmless because the physical evidence seized was sufficient to sustain his convictions.
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Dismissal of Navistar workers’ complaint upheld by 7th Circuit

June 18, 2013
Jennifer Nelson
A group of unionized workers laid off by an Indianapolis engine plant who brought an action for breach of the collective-bargaining agreement didn’t provide enough factual content in their complaint to allow it to proceed in court, the 7th Circuit Court of Appeals ruled Tuesday.
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Court can’t modify mortgage without both parties’ consent

June 18, 2013
Jennifer Nelson
A trial court doesn’t have the authority to modify a mortgage agreement without the consent of both parties participating in a settlement conference if they don’t agree to the terms of a foreclosure prevention agreement, the Indiana Court of Appeals ruled.
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Trial court errs in granting motion regarding doctors’ contract dispute

June 18, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found that a cardiologist’s breach of contract complaint may have been “unartfully drafted,” but it still adequately stated a claim for tortious interference with a contract.
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Fines will stand in legislative walkout case

June 18, 2013
Marilyn Odendahl
The Indiana Supreme Court has ruled the dispute over fines imposed on lawmakers resulting from Democratic walkouts during the 2011 and 2012 legislative sessions is outside of the court’s authority to render a decision.
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Large 'pay-to-delay' payments may become history after U.S. Supreme Court ruling

June 17, 2013
Marilyn Odendahl
A decision handed down by the Supreme Court of the United States Monday could end the practice of pharmaceutical companies paying competitors very large sums to keep their generics off the market.
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Justices take trust case after hearing arguments

June 17, 2013
IL Staff
After hearing arguments June 6 in a dispute over the sale of a family farm, the Indiana Supreme Court has decided to take the case.
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Monroe County attorney suspended following guilty plea

June 17, 2013
IL Staff
Attorney Phillip Chamberlain, who pleaded guilty to Class D felony counterfeiting in October 2012, has been suspended from the practice of law in Indiana.
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ACLU of Indiana files class-action lawsuit against FSSA for changes to Medicaid waiver programs

June 17, 2013
Marilyn Odendahl
The ACLU of Indiana has slapped the Indiana Family and Social Services Administration with a class-action lawsuit over the way the state agency operates two of its Medicaid waiver programs.
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Indiana General Assembly to review ISTEP debacle next week

June 14, 2013
Marilyn Odendahl
Review of the Indiana Statewide Testing for Educational Progress moves to the Statehouse next week with the Indiana General Assembly’s Commission on Education scheduled to hear testimony about the ISTEP testing debacle that occurred in April.
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7th Circuit: Deputy was within rights to restrain feuding neighbor from evidence

June 14, 2013
Dave Stafford
When Tippecanoe Deputy Sheriff Jonathan Lendermon got between some long-feuding neighbors in 2009, one of them, Jason Findlay, suggested that he might have trespassed. It became clear to Lendermon the acknowledgement might have been recorded on video surveillance.
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Justices affirm conviction but remand for new sentencing order

June 14, 2013
Dave Stafford
A man sentenced to 14 years in prison for his convictions on multiple felony gun and drug charges will still have to serve the time, but the court must revise the sentencing order to explain why one conviction was ordered to be served consecutive to the others.
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Justices schedule high-profile arguments

June 14, 2013
Dave Stafford
Justices will waste little time getting to high-profile cases when they hear a new slate of oral arguments after Labor Day. The Indiana Supreme Court has scheduled 20 arguments beginning Sept. 5 and continuing for the next few months.
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Conour still free though judge ‘deeply, deeply concerned’

June 13, 2013
Dave Stafford
Former leading personal-injury attorney William Conour remained free Thursday pending his wire fraud trial after a federal judge withheld ruling on the government’s bid to revoke his bond on claims that he dissipated assets against court orders.
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SCOTUS rules on Myriad BRCA1, BRCA2 patent case

June 13, 2013
Jennifer Nelson
A naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the United States ruled Thursday. DNA that is not a product of nature may be patent eligible, however.
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COA rules in favor of tax sale bidder in dispute over property

June 13, 2013
Jennifer Nelson
The Indiana Court of Appeals ordered that tax deeds be reinstated and reversed summary judgment and a decree of foreclosure in favor of a bank in a combined appeal over foreclosed property in Elkhart County.
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Mother should have used Admin. Rule 9 in attempt to change name anonymously

June 13, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a mother’s request to sidestep the notice requirements in her quest to change her name and the names of her two children anonymously because she wanted to avoid detection from her abusive partner. The appeals court noted that Administrative Rule 9 would have given her the opportunity to proceed anonymously.
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House, Senate override veto of HEA 1546

June 12, 2013
Jennifer Nelson
Indiana legislators gathered Wednesday on the first regular technical session of the 118th General Assembly to vote on whether to override Gov. Mike Pence’s veto of House Enrolled Act 1546, a bill concerning tax administration matters. Pence vetoed the bill over concerns about retroactive approval of taxes collected in Jackson and Pulaski counties.
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Appeals court reinstates proposed med mal complaint

June 12, 2013
Jennifer Nelson
Finding that a Hendricks County court didn’t have jurisdiction to dismiss a man’s proposed complaint for damages under Trial Rule 41(E) or based on noncompliance under the Medical Malpractice Act, the Indiana Court of Appeals Wednesday reinstated the proposed complaint.
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Bar associations seek nominations for various awards

June 12, 2013
IL Staff
Several bar associations around the state are accepting nominations for awards to present to members at upcoming annual meetings.
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Judge’s dismissal of claim contesting forfeiture was on ‘unsound’ ground

June 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals sent a man’s claim contesting forfeiture of nearly $200,000 found in his home during a police search back to the District Court for reconsideration. The judges ruled that the ground for dismissal given by the judge, as well as the alternative ground argued by the government, were “unsound.”
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Jury to decide whether woman was fired for being pregnant

June 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed summary judgment in favor of a company on a fired employee’s claim that her employment was terminated because she was pregnant, finding the company’s explanations for her firing were shifting, inconsistent, and/or facially implausible.
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Judges: Integration clause doesn’t preclude introduction of parol evidence

June 11, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals held Tuesday that in the absence of a factual inquiry, the mere presence of an integration clause doesn’t preclude a party from introducing parol evidence that it was fraudulently induced to enter into the agreement as a whole. The decision came in a dispute involving a settlement agreement that one party sought to invalidate based on claims of fraudulent inducement.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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