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Supreme Court says statute of repose does not apply in prolonged asbestos cases

March 3, 2016
Scott Roberts
The Indiana Supreme Court declared in a split decision Wednesday that the Indiana Product Liability Statute, and specifically its 10-year statute of repose, does not apply to cases where the plaintiffs have had protracted exposure to inherently dangerous foreign substances.
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Indiana man sentenced for Facebook threat against judges

March 3, 2016
 Associated Press
A northwestern Indiana man accused of threatening to kill judges in a Facebook post has been sentenced to more than three years in prison.
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Justices: State RICO law can apply to street-crimes

March 2, 2016
Dave Stafford
The Indiana Supreme Court ruled Wednesday that street-level crimes may be prosecuted under the state’s version of the Racketeer Influenced and Corrupt Organizations Act if the crimes aren’t isolated, affirming an Anderson man’s conviction of corrupt business influence related to a string of robberies.
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Abortion case appears to split depleted Supreme Court

March 2, 2016
 Associated Press
The Supreme Court of the United States appeared sharply divided Wednesday over Texas abortion clinic regulations in its biggest abortion case in nearly a quarter-century.
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AG’s office looking for owners of savings bonds

March 2, 2016
IL Staff
The Indiana Attorney General’s Office is looking for owners of $722,266.99 in savings bonds and has issued public notices in each of Indiana’s major newspapers across the state to find them.
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Supreme Court denies hearing Indiana death penalty case

March 2, 2016
IL Staff
The United States Supreme Court denied a writ of certiorari filed in the case of Tommy Pruitt, meaning the 7th Circuit Court of Appeals decision that reversed the death penalty for Pruitt will stand.
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Court denies summary judgment in excessive force case

March 2, 2016
Scott Roberts
The 7th Circuit Court of Appeals said there was enough evidence against two officers accused of excessive force while arresting a Hammond man to create material dispute and therefore reversed summary judgment for the officers. The case was remanded to District Court for further proceedings.
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JPMorgan Chase agrees to $905,000 settlement with state

March 2, 2016
Indianapolis Business Journal, Mason King
JPMorgan Chase has agreed to pay $905,000 in a settlement with Indiana officials over losses from mortgage-backed securities purchased in 2006, just before the controversial investment vehicle contributed to a national financial meltdown.
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Vaping firms say industry in peril in state unless lawmakers act

March 2, 2016
Hayleigh Colombo, Indianapolis Business Journal
Manufacturers of electronic cigarette liquids that hope to gain a license to continue selling their popular products in Indiana fear their business in the state is at risk of evaporating.
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Supreme Court seeks comment on proposed disciplinary rule changes

March 1, 2016
IL Staff
The Indiana Supreme Court has spent two years working on changes to Indiana Admission and Discipline Rule 23 and is now seeking comment on proposed changes by April 30.
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March Against Hunger competition kicks off

March 1, 2016
Scott Roberts
The Indiana State Bar Association is hosting its eighth annual March Against Hunger food drive competition beginning Tuesday and lasting through March 31. The drive raises food and monetary donations for Indiana’s 11 regional food banks.
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Apple goes to Congress fresh from big boost in iPhone fight

March 1, 2016
 Bloomberg News
When members of Congress grill Apple Inc. Tuesday on why it refused to help the FBI unlock a terrorist’s iPhone, the company will be fresh from a courtroom victory that bolsters its case against the government.
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Senate approves police video bill

March 1, 2016
 Associated Press
Indiana law enforcement would be forced to publicly release body-camera video if the recordings might show officers using excessive force or violating someone's civil rights under a measure approved by the state Senate.
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Supreme Court upholds man’s life sentence for murder

March 1, 2016
Scott Roberts
The Indiana Supreme Court upheld a man’s murder conviction and sentence of life without parole after it found comments the judge made to the jury did not deprive him of a fair trial.
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House panel OKs medical malpractice cap increase

March 1, 2016
 Associated Press
Medical malpractice victims would be able to receive more compensation under a measure an Indiana House committee approved Monday that would update the payment cap for the first time in nearly 18 years.
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7th Circuit: Developer's appeal is frivolous

March 1, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a man’s claim that the National Bank of Indianapolis covered up unauthorized transfers is frivolous and said the bank can pursue sanctions against the man because of it.
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Coalition still pushing after hate crime bills fail to advance

March 1, 2016
Marilyn Odendahl
Despite a grassroots effort and several bills addressing the issue, hate crime legislation appears to have failed in the Indiana Statehouse.
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Judge blocks Indiana's Syrian refugee order

March 1, 2016
 Associated Press
A federal judge in Indianapolis on Monday blocked Republican Gov. Mike Pence's order that barred state agencies from helping Syrian refugees resettle in Indiana, saying the governor's directive "clearly discriminates" against refugees from the war-torn country.
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SCOTUS rejects Evansville SWAT raid, death penalty appeals

February 29, 2016
Dave Stafford
A 7th Circuit Court of Appeals ruling against the city of Evansville for a bungled SWAT raid will stand, as will the death sentence of a Gary man convicted in the 2007 shooting deaths of his wife and two stepchildren. The U.S. Supreme Court declined to hear those appeals Monday.
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COA says town didn't defame employee after audit

February 29, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision denying a town summary judgment after a former employee claimed defamatory damages when the town fired her after completing an audit.
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Justice Thomas poses questions, stuns Supreme Court crowd

February 29, 2016
 Associated Press
Justice Clarence Thomas broke 10 years of silence and provoked audible gasps at the Supreme Court on Monday when he posed questions from the bench during an oral argument.
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COA affirms man not entitled to overtime pay

February 29, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man was not entitled to overtime pay because his contract specified as such during his employment.
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COA: Man should have met with state public defender’s office

February 29, 2016
Scott Roberts
The Indiana Court of Appeals reversed the grant of the state’s motion for summary denial of man’s request for post-conviction relief because his case was not forwarded to the State Public Defender’s Office.
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Court says children were endangered by public intoxication

February 29, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of public intoxication that endangers a person after he claimed he did not endanger anyone, despite being drunk and having a bow and arrow by his side.
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High court won't hear appeal over NFL player settlement

February 29, 2016
 Associated Press
The Supreme Court of the United States turned away an appeal from three former NFL players who challenged a $42 million settlement between the league and nearly 25,000 former players over the NFL's use of player images in film footage.
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  2. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  3. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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