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Second suit filed in Marion County jail suicides

January 27, 2016
Dave Stafford
The second federal lawsuit in two months has been filed against the Marion County Sheriff’s Department, claiming wrongful death and civil rights violations on behalf of an inmate who committed suicide in the Indianapolis jail two years ago.
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Johnson & Johnson said to pay $120M in its first big mesh settlement

January 27, 2016
 Bloomberg News
Johnson & Johnson has made its first serious move to settle thousands of lawsuits filed by women who fault the company’s vaginal-mesh inserts for their injuries, according to people familiar with the matter.
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Insider traders look to US Supreme Court for redemption

January 27, 2016
 Bloomberg News
Some of U.S. Attorney for the Southern District of New York Preet Bharara’s biggest catches in a seven-year insider-trading sweep are clinging to one more hope of clearing their names.
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House panel endorses bill limiting environmental rulemaking

January 27, 2016
 Associated Press
An Indiana House committee has narrowly advanced a bill that would prohibit state agencies from enacting environmental rules and standards tougher than federal regulations.
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COA: Survivor benefit plan is a marital asset

January 27, 2016
Jennifer Nelson
Ruling on an issue barely touched upon in a previous decision, the Indiana Court of Appeals determined that a survivor benefit plan of a military pension should have been included in the marital pot when calculating asset distribution in a divorce.
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Indiana among states asking for stay of EPA power plant rule

January 27, 2016
IL Staff
A multistate coalition that includes Indiana has asked the Supreme Court of the United States to grant a temporary stay of a new EPA rule requiring existing power plants to reduce carbon dioxide emissions.
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13 Indiana counties to join Juvenile Detention Alternatives Initiative

January 27, 2016
IL Staff
Thirteen counties will join Indiana’s Juvenile Detention Alternatives Initiative this year, which will include 32 counties after the expansion is complete.
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Judge OKs reworked NCAA concussions deal, with changes

January 27, 2016
 Associated Press
A federal judge gave preliminary approval Tuesday to a reworked head-injury settlement between thousands of former athletes and the National Collegiate Athletic Association that includes a $70 million fund to pay for brain trauma testing and limits legal immunity for the nation's largest college sports governing body.
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Indiana man set for release after conviction is overturned

January 27, 2016
 Associated Press
A northern Indiana man who faced 50 years in prison before the Indiana Supreme Court overturned murder convictions against him and two co-defendants is set for release this week from a state prison.
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Indiana woman gets 50 years in mother's slaying

January 27, 2016
 Associated Press
A 19-year-old northwest Indiana woman has been sentenced to 50 years in prison for killing her mother.
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As drone sales soar, legal and regulatory atmosphere remains turbulent

January 27, 2016
Dave Stafford
Attorneys are at the horizon of what could be a new body of law involving drones, some of which could be decided by the courts.
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Attorneys, courts feel drop in bankruptcy filings

January 27, 2016
Marilyn Odendahl
Bankruptcy attorney Mark S. Zuckerberg recently described the current state of his practice: “Nobody’s coming into my office; nobody’s calling me; nobody’s paying me.” His loneliness can be tied to the drop in bankruptcy filings. In 2015, petitions nationally fell to 860,182, an 11 percent decline from 2014 and the lowest number of filings since 2007.
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Do-it-yourself dangers

January 27, 2016
Dave Stafford
Where there’s a will, there’s a way to do it yourself with Internet services such as LegalZoom, Nolo and Rocket Lawyer. But attorneys say relying on online form providers for long-term financial and estate planning may not be the wisest investment.
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Study commission repeal endangering probate code needs

January 27, 2016
Marilyn Odendahl
Since the Probate Code Study Commission was eliminated as part of a 2014 law that reduced the number of interim study committees, certain legislators and attorneys have mounted an effort to get the commission reinstated.
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Specialized courts get boost in State of Judiciary

January 27, 2016
Dave Stafford
Indiana's first commercial courts are announced a week after Rush highlights problem-solving approaches in her annual State of the Judiciary address.
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New IU Maurer website targets millennials

January 27, 2016
Marilyn Odendahl
With splashy photographs and abbreviated copy, Indiana University Maurer School of Law has completely revamped its Internet presence to try to get prospective students to take a breather from surfing other law schools’ websites and plunge deeper into what the Bloomington institution has to offer.
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Bills expanding gun carry rights trigger controversies

January 27, 2016
Dave Stafford
Concerns from the disparate treatment of minorities who police find in possession of firearms to the threat of domestic violence weighed against two proposals in the Legislature to expand who the state should permit to carry handguns, and where.
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Selby, Ong nominated for federal bench

January 27, 2016
Marilyn Odendahl
Even before a confirmation hearing has been gaveled to order or a floor vote scheduled, one nominee to an Indiana vacancy on the federal bench is facing opposition as a home state senator renews his call for a nominating commission.
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Federal Bar Update: Early returns on amended Rules of Civil Procedure

January 27, 2016
John Maley
Significant changes to the Federal Rules of Civil Procedure took effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. In the first two months of these new rules, it is apparent they are having an immediate impact on federal litigation.
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DTCI: ‘Making a Murderer’ influences perception of judiciary

January 27, 2016
Producers of “Making a Murderer” and other true-crime stories have the ability to influence the public’s perception of an individual’s guilt or innocence, as well as the actions of the attorneys involved, well after a verdict is reached and regardless of the evidence presented in the courtroom.
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Inside the Criminal Case: Immunity and Bill Cosby’s motion to dismiss

January 27, 2016
James Bell, K. Michael Gaerte
On Dec. 30, 2015, comedian Bill Cosby was charged with sexual assault in Pennsylvania. These charges stemmed in part from various admissions Mr. Cosby made in a deposition in a civil suit. After learning this news, several thousand criminal defense lawyers scratched their balding heads as they Monday morning quarterbacked the decision to submit Cosby to a deposition.
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Hammerle on …'The Big Short,' 'Carol'

January 27, 2016
Robert Hammerle
Bob Hammerle says "The Big Short" is a reminder of the sometimes amoral nature of our free-enterprise system.
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ABA committee recommends Indiana Tech Law School for accreditation

January 26, 2016
Marilyn Odendahl
Indiana Tech Law School’s application for provisional accreditation has received support within the American Bar Association.
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Lawyer sanctioned for ‘abandonment’ of federal case gets reprimand

January 26, 2016
Dave Stafford
A Lake County lawyer whose client learned his battery case against Hammond police was dismissed after his daughter looked up court records online has received discipline from the Indiana Supreme Court: a public reprimand.
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Committee unanimously approves hate crime bill

January 26, 2016
Marilyn Odendahl
A bias-motivated crimes bill authored by a northern Indiana legislator was approved by a Senate committee Tuesday, the only one of six such bills to have received a hearing so far this legislative session.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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