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Porter and Lake counties welcome Indiana justices

November 2, 2015
Marilyn Odendahl
The 1,100 seat auditorium at Portage High School was nearly full Oct. 30 as students from 10 schools along with members of the legal community attended the Indiana Supreme Court’s oral arguments.
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Legislative panel endorses denying rapists parental rights

November 2, 2015
 Associated Press
Some Indiana legislators are backing a change in state law aimed at denying parental rights to rapists if the assault results in a pregnancy.
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Lower court ruling stands in S&P ratings case

November 2, 2015
 Associated Press
The Supreme Court of the United States won't hear an appeal from shareholders who claim the Standard & Poor's ratings firm made false statements about its ratings of risky mortgage investments that helped trigger the financial crisis.
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Supreme Court takes up property tax refund dispute

November 2, 2015
Dave Stafford
Whether the owners of an industrial property who were in default on a mortgage are entitled to a property tax refund is a question the Indiana Supreme Court will decide.
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SCOTUS won't accept appeal in anti-gay defamation verdict

November 2, 2015
 Associated Press
The  Supreme Court of the United States Monday rejected an appeal from a former lawyer for the state of Michigan who lost a defamation lawsuit filed by a gay student at the University of Michigan.
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High court won't hear appeal over use of Bob Marley's image

November 2, 2015
 Associated Press
The Supreme Court of the United States Monday rejected an appeal from clothing companies that claim they have legal rights to sell shirts with the image of reggae icon Bob Marley.
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FanDuel sued by former Colt over use of name, image

November 2, 2015
 Bloomberg News
Fantasy-sports gaming site FanDuel Inc. has been sued by former Indianapolis Colts receiver Pierre Garcon over the use of his name and image, which he claims was done without his permission.
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Tax Court affirms rulings for Verizon in contested assessments

November 2, 2015
Dave Stafford
State tax authorities who couldn’t convince administrative boards to uphold a tripling of assessed valuation on Verizon facilities in Allen County had no better luck Friday before the Indiana Tax Court.
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Grand jury investigating Louisville basketball sex scandal

November 2, 2015
Anthony Schoettle, IBJ Staff
IBJ Book Publishing officials have been subpoenaed to testify before a grand jury investigating allegations that a University of Louisville men's basketball program official hired strippers and prostitutes to entertain players and recruits, company officials confirmed Friday.
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Settlement payments were income, COA rules

October 30, 2015
Marilyn Odendahl
A father’s monthly annuity payments from a structured settlement agreement should have been counted as income when calculating his child support obligation, the Indiana Court of Appeals has ruled.
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Indiana gets $1.36M in Stericycle whistleblower suit settlement

October 30, 2015
IL Staff
Indiana has received $1.36 million in the settlement of a lawsuit alleging an Illinois company overcharged governments for disposal of medical waste.
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Panhandling laws face challenge after church signs ruling

October 30, 2015
 Associated Press
Cities trying to limit panhandling in downtowns and tourist areas are facing a new legal hurdle because of a recent Supreme Court of the United States ruling that seemingly has nothing to do with asking for money.
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Immigrants caught at border believe families can stay in US

October 30, 2015
 Associated Press
Nearly a year after the Obama administration launched a massive public relations campaign to dispel rumors of a free pass for immigrant families crossing the border illegally, internal intelligence files from the Homeland Security Department suggest that effort is failing.
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COA affirms convictions state conceded as double jeopardy

October 30, 2015
Dave Stafford
State attorneys who agreed with a defendant’s argument that his felony drunken-driving and misdemeanor reckless driving convictions violated double-jeopardy protections were wrong, the Indiana Court of Appeals ruled Friday, affirming both convictions.
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West Virginia prosecutor suspended after pulling gun on fake spiders

October 30, 2015
 Associated Press
An assistant prosecutor in Logan, West Virginia, has been suspended after pulling a gun and threatening to shoot fake spiders scattered around the office as Halloween decorations.
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Lawsuit: DCS illegally slashes subsidies if special-needs kids adopted

October 30, 2015
Dave Stafford
A lawsuit filed Thursday claims the Indiana Department of Child Services violated federal law when it proposed to slash assistance for three profoundly disabled children after their grandparents who served as foster parents planned to adopt them.
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Jurists honored for longevity of service

October 30, 2015
IL Staff
Eight Indiana jurists were honored by Indiana Supreme Court Chief Justice Loretta Rush for 24 years of service on the bench at an annual judicial conference, the court announced Thursday.
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Court rejects ACLU's request to stop phone record collection

October 29, 2015
 Associated Press
A federal appeals court in New York has rejected the American Civil Liberties Union's effort to stop bulk collection of its phone records while a more limited collection system is put in place.
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Ohio county settling suit over morgue body mix-up for $165K

October 29, 2015
 Associated Press
A county has reached a $165,000 settlement with two families over a body mix-up at a morgue that led to one Indiana man being incorrectly cremated and another man entombed in his place.
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IURC must reconsider Vectren’s plant modification, rate reimbursement requests

October 29, 2015
Jennifer Nelson
Even though a utility company completed many of the projects it received approval for regarding modifications of coal-powered generating stations, that does not render an appeal by various environmental groups moot, the Indiana Court of Appeals held Thursday.
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Woman failed to file lawsuit within 3-year period as required by contract

October 29, 2015
Jennifer Nelson
A woman was required under her insurance policy to file a lawsuit to recover underinsured motorist coverage within three years of the car accident, and because she did not, the Indiana Court of Appeals reversed summary judgment in her favor on the issue.
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Sue Shadley memorial set for Nov. 7

October 29, 2015
IL Staff
A memorial service for trailblazing Indianapolis attorney Sue Shadley is scheduled for Nov. 7 at the Eiteljorg Museum of American Indians and Western Art.
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Southern Indiana companies sue New Albany over road changes

October 29, 2015
 Associated Press
Eight companies are suing New Albany, alleging that changes made last year to a major thoroughfare in the southern Indiana city have made the road narrow and unsafe.
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Federal prosecutors have copies of alleged Fogle recordings

October 29, 2015
 Associated Press
Federal prosecutors have copies of audio recordings a Florida woman says she made of former Subway spokesman Jared Fogle talking about sexual encounters he had with children and say they took those recordings "into account" before charging Fogle.
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Dennis Hastert pleads guilty, acknowledges hush-money scheme

October 29, 2015
 Associated Press
Dennis Hastert pleaded guilty Wednesday to evading banking laws in a hush-money scheme, averting a potentially lurid trial that could have dredged up sexual allegations by agreeing to a deal with prosecutors that recommended he serve no more than six months in prison.
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  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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