Latest News

Lawsuit wants plans mandated for dealing with big oil spills

October 8, 2015
 Associated Press
An environmental group sued the federal government Thursday, contending it gives pipeline owners and operators a free pass on developing legally required plans for dealing with oil spills into lakes, rivers and other inland waterways.
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Johnson County judges, public defenders sued for ‘systemic’ problems

October 8, 2015
Dave Stafford
People who’ve been arrested in Johnson County are taking the unusual step of filing a class-action lawsuit against the county, judges and public defenders there, claiming they have not been represented by an underfunded and overburdened public defender system.
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State performed due diligence charging man in 25-year-old attack

October 8, 2015
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals held that state employees met the due diligence requirement of I.C. 35-41-4-2 regarding the statute of limitations in charging a man in 2013 for an attack on a 10-year-old girl in 1988.
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BP to pay $138 million in fees in DOJ deal

October 8, 2015
 Bloomberg News
The value of BP Plc’s settlement with the U.S. government and five Gulf states over the Deepwater Horizon oil spill rose to $20.8 billion in the latest tally of costs from the U.S. Justice Department.
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Delta sues Indy-based airline over canceled flights

October 8, 2015
 Associated Press
Delta Air Lines Inc. is suing Republic Airways Holdings Inc., claiming that the regional airline company failed to fly some Delta Connection flights.
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Prosecutors seeking DNA sample in Gary officer's slaying

October 8, 2015
 Associated Press
The Lake County Prosecutor's Office wants to obtain a DNA sample from a 27-year-old man accused of killing a Gary police officer.
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Northern Indiana school district sued over Nativity scene

October 8, 2015
 Associated Press
A high school student and a parent are challenging the constitutionality of a live Nativity scene that's been included in a northern Indiana school district's annual Christmas show for decades.
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Drug statutes not vague, but justices dismiss ‘spice’ charges

October 7, 2015
Jennifer Nelson
Two men who challenged their criminal charges for possessing chemical compound XLR11 had their charges dismissed by the Indiana Supreme Court Wednesday, but not because the statutes relating to the drug are unconstitutional as they had argued.
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Federal prisoner not entitled to additional sentence credit

October 7, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with a lower court that an inmate in a federal Terre Haute prison should not receive credit for a three-year period as he argued in his habeas corpus petition.
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Court erred in not considering subsequent property settlement agreements

October 7, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a ruling in favor of a woman on her claim that her ex-husband owed her more than $2.4 million based on a 1997 property settlement agreement. The judges found the trial court should have considered subsequent property settlement agreements the two entered into without the court’s approval.
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Allen County judge recognized for jury operations improvements

October 7, 2015
IL Staff
Allen Superior Judge Frances C. Gull, who has spent the past 10 years to electronically upgrading the court’s jury management system, will receive the 2015 G. Thomas Munsterman Award for Jury Innovation from the National Center for State Courts for her efforts.
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Report on pro se litigants presented to Indiana Supreme Court

October 7, 2015
Marilyn Odendahl
A report and recommendations for addressing the issue of unrepresented litigants has been submitted to the Indiana Supreme Court but the contents are not being made public.
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Lawsuit takes on Indiana's right-to-farm laws

October 7, 2015
Jeff Newman, IBJ Staff
The Hoosier Environmental Council has filed a lawsuit on behalf of a pair of Hendricks County families who say they face “intolerable living conditions” created by odors coming from a nearby 8,000-hog farm that opened two years ago.
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Federal jury rules against DCS, awards family $31.3 million

October 7, 2015
Dave Stafford
The family of a 14-year-old Pulaski County girl who died as a result of prescription error has been awarded $31.3 million in a judgment against state agents who wrongly removed the couple’s children from their home and prosecuted the parents for their daughter’s death.
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Cleveland appeals 'jock tax' ruling to US Supreme Court

October 7, 2015
 Associated Press
The city of Cleveland says it is within its rights to tax visiting professional athletes based on the number of games they play a year because taxation is a matter of local jurisdiction.
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Indiana's high court takes up lawmaker email case

October 7, 2015
 Associated Press
The Indiana Supreme Court will hear an appeal involving a lawsuit seeking a lawmaker's emails and other correspondence with utility company officials over solar power legislation he sponsored.
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Attorneys en garde!

October 7, 2015
Dave Stafford
Lawyers who’ve taken a stab at fencing say there’s no other sport quite like it. More to the point, they say competing with the blade sharpens their legal acumen and attacks the stresses of the profession.
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The waiting game delays medical malpractice claims going to court

October 7, 2015
Dave Stafford
Lawmakers recently received conflicting diagnoses for review panels that evaluate medical malpractice claims. Some see them as broken, while others say they represent an ideal system that just needs some TLC.
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Indiana Bar Foundation celebrates 65th anniversary

October 7, 2015
Marilyn Odendahl
The Indiana Bar Foundation, started in 1950, has grown over the years but its mission has always been the same – promoting civic education and improving access to justice.
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Journalist Bob Woodward finds new piece to Nixon puzzle

October 7, 2015
Marilyn Odendahl
Journalist Bob Woodward's new book, history, and the lessons of leadership will all be part of Woodward’s talk when he comes to Indianapolis Nov. 6. Woodward is the keynote speaker at the Indiana Bar Foundation’s 65th anniversary benefit dinner.
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Justices: Survivors cannot recover attorney fees

October 7, 2015
Marilyn Odendahl
The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.
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Dean's Desk: Surveys give insight on graduates’ careers

October 7, 2015
Nell Jessup Netwon
Lately I have been spending some fruitful hours reviewing a treasure trove of data collected by a 12-year-long longitudinal study of law graduates who passed the bar in the year 2000. The survey results are available in a publication called “After the JD.” I commend it to your attention.
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Insurance policy v. public policy

October 7, 2015
Dave Stafford
A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.
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Method to the mediation

October 7, 2015
Dave Stafford
When "reason leaves the room," an analytical approach can lead a path to dispute resolution.
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Terzo: Arbitration is viable alternative in family law disputes

October 7, 2015
It wasn’t until the 1990s that arbitration began to be seriously considered for family law cases. At that time there was no statute specifically directed to family law arbitration, and Indiana had no caselaw regarding family law arbitration. Our current statute, I.C. 34-57-5-1, et seq, was enacted in 2005. It answered many of the questions attorneys had.
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