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Legislation increasing the service of process fee moves to the House

January 23, 2015
Dave Stafford
The Indiana Senate Thursday endorsed an increase in the fees sheriffs collect to serve court papers. The fee will nearly double from $13 to $25 under legislation sent to the House of Representatives.
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Bill opening birth records passes Senate

January 23, 2015
Dave Stafford
The Indiana Senate Thursday approved a bill that would open birth records to some 350,000 Hoosiers adopted between 1941 and 1993.
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Justices: ‘Value’ threshold for workers’ comp liability not just direct monetary payment

January 22, 2015
Jennifer Nelson
The “value” attributable to the performance of work that triggers secondary liability under the Worker’s Compensation Act includes both direct monetary payment as well as any ancillary consideration received for the work, the Indiana Supreme Court ruled in a case of first impression.
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Insurer had duty to defend lawsuit against Menard and loss prevention company

January 22, 2015
Jennifer Nelson
A trial court incorrectly granted summary judgment in favor of a loss prevention company’s insurer over whether it had a duty to defend a Menard customer’s lawsuit stemming from actions of the loss prevention specialist.
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Court affirms valuation of hoof trimming business

January 22, 2015
Jennifer Nelson
A trial court did not abuse its discretion in ordering an ex-husband to pay a portion of an expert’s fee for valuating his hoof trimming business upon the dissolution of his marriage, the Indiana Court of Appeals held Thursday.
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COA affirms Notre Dame not responsible for treatment unrelated to work injury

January 22, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed on Thursday the decision by the Worker’s Compensation Board that a University of Notre Dame employee had reached maximum medical improvement from her work-related injury.
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Construction manager owed no duty to injured independently contracted employee

January 22, 2015
Jennifer Nelson
Based on the contracts between Ivy Tech Community College, the contract manager it hired and an independent contractor, no duty of care existed between the contract manager and the employees of contractors, the Indiana Court of Appeals affirmed.
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Campaign finance protest, hidden camera disrupt high court

January 22, 2015
 Associated Press
For the second time in 11 months, opponents of the Supreme Court of the United States rulings lifting limits on money in political campaigns briefly disrupted proceedings in the courtroom and embarrassed the court by managing to get a camera past court security.
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ESPN sues Notre Dame over police records involving athletes

January 22, 2015
 Associated Press
ESPN has filed a lawsuit against University of Notre Dame, alleging the school is violating Indiana's public record laws by withholding police incident reports about possible campus crimes involving certain student-athletes.
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New Albany attorney named part-time magistrate judge

January 21, 2015
IL Staff
A senior partner with Kightlinger & Gray LLP has been selected as a part-time magistrate judge in the U.S. District Court for the Southern District of Indiana.
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Committee advances bill raising non-panel limit in medical malpractice claims

January 21, 2015
Dave Stafford
Medical malpractice claims of up to $50,000 would go directly to court under a proposal that cleared an Indiana Senate committee Wednesday.
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Court dismisses 11 property tax exemption appeals for lack of jurisdiction

January 21, 2015
Jennifer Nelson
Indiana Tax Judge Martha Wentworth dismissed the challenges brought by 11 cooperatives regarding the Indiana Board of Tax Review’s denial of their appeals after their property tax exemptions were revoked. The judge found the court lacks subject matter jurisdiction to hear the cases.
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Renovation bids open for Vanderburgh County courthouse

January 21, 2015
 Associated Press
Vanderburgh County officials have begun reviewing bids for the renovation of the third floor at the 126-year-old courthouse in downtown Evansville.
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Woman agrees to testify against others in Indiana explosion

January 21, 2015
 Associated Press
A woman charged in a deadly 2012 house explosion in Indianapolis agreed Tuesday to plead guilty to conspiracy to commit arson and testify against at least two other people in the fiery natural gas blast that damaged dozens of homes.
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Indiana diocese asks judge to toss jury's in vitro verdict

January 21, 2015
 Associated Press
A Roman Catholic diocese wants a federal judge to throw out a jury's verdict that it discriminated against a former teacher fired for trying to get pregnant through in vitro fertilization.
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House committee to hear magistrate bills

January 20, 2015
Marilyn Odendahl
Bills that would provide magistrates for three circuit courts in Southern Indiana are scheduled to be considered Jan. 21 by the Indiana House of Representatives Courts and Criminal Code Committee.
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Court of Appeals modifying opinion and order format

January 20, 2015
IL Staff
Beginning Monday, opinions and orders issue from the Indiana Court of Appeals will look different.
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Woman loses claim for additional retroactive retirement benefits

January 20, 2015
Jennifer Nelson
A retired teacher is not entitled to an additional six months of retroactive retirement benefits from the Indiana Public Retirement System, the Indiana Court of Appeals held Tuesday. Indiana law limits an INPRS member to only six months of retroactive retirement benefits.
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US Supreme Court rules for bearded Muslim inmate

January 20, 2015
 Associated Press
The Supreme Court is siding with a Muslim prison inmate in Arkansas who sued for the right to grow a short beard for religious reasons.
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Meijer tax ruling may reverberate statewide

January 20, 2015
Kathleen McLaughlin, IBJ Staff
Big-box retailers could see their Indiana property-tax bills slashed in half because of a recent court decision that favored Meijer over Marion County.
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Menard accused of witness tampering

January 19, 2015
IBJ Staff, J.K. Wall
The gritty legal battle between hardware store titan John Menard Jr. and Indianapolis power couple Steve and Tomisue Hilbert now includes this accusation: trying to buy off a witness.
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Chicago law professor to give Valpo’s MLK lecture

January 19, 2015
IL Staff
A DePaul University College of Law professor, well-known as a scholar in the areas of employment and labor law and voting rights, will be the featured speaker at Valparaiso University Law School’s Martin Luther King Jr. Lecture Thursday.
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ILAS annual fundraising campaign nearing goal

January 19, 2015
Marilyn Odendahl
The Indianapolis Legal Aid Society is making a final push in its 2014 holiday dollar campaign, hoping to entice late donors and surpass the record amount donated during the 2013 effort.
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Lawyers sought for Lung Association stair climb benefit

January 19, 2015
Dave Stafford
The central Indiana legal community hopes to reach new fundraising heights in the fifth annual American Lung Association’s Fight for Air Climb Law Firm Challenge.
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US Supreme Court sets stage for historic gay rights ruling

January 19, 2015
 Associated Press
The Supreme Court is getting back in the marriage business. The justices agreed Friday to decide a major civil rights question: whether same-sex couples have a right to marry everywhere in America under the Constitution.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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