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COA: Standard of care same for all doctors

November 10, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.
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Governor declares November Adoption Awareness Month

November 10, 2014
IL Staff
Gov. Mike Pence has issued a proclamation declaring November as Adoption Awareness Month in Indiana.
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Man convicted of making false statements on gun application to get new trial

November 10, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a Manilla, Indiana, man’s convictions of making false statements in connection with the purchase of a firearm, holding the trial court violated his due process right to present a mistake-of-fact defense.
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Same-sex couple gets divorce in Indiana

November 10, 2014
Marilyn Odendahl
Indiana residents Linda Bruner and Lori Roberts made history Nov. 10 by becoming the first same-sex couple in the state to legally divorce.
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Judge rejects public funds for murder appeal

November 10, 2014
 Associated Press
A Delaware County judge has again rejected a Muncie woman's request to have taxpayers help fund her appeal of her conviction in the torture slaying of her 5-year-old Haitian cousin.
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Man charged with killing aunt due in court

November 10, 2014
 Associated Press
Attorneys for a central Indiana man accused of murder in his aunt's death contend he has been incarcerated too long without being brought to trial.
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Indiana justices to attend historical marker event

November 10, 2014
 Associated Press
Indiana's Supreme Court justices will be on hand for the dedication of a historical marker honoring a 19th century attorney who fought for women's right to vote.
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Doctrine of continuing wrong not applicable to man’s malpractice claim

November 7, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.
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AG asks court to appoint attorney as receiver of INCASA

November 7, 2014
Jennifer Nelson
Indiana Attorney General Greg Zoeller has asked a Marion County Court to appoint an attorney as receiver of an Indianapolis-based nonprofit that suspended operations in June due to financial insolvency.
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Residents not entitled to refund for alleged Barrett Law violations

November 7, 2014
Jennifer Nelson
The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.
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Ex-Center Township judge agrees to ban from bench

November 7, 2014
Dave Stafford
A former Marion County Small Claims Court judge has agreed to a lifetime ban from holding judicial office after allegations that she used her position to profit from a wedding business.
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Union loses challenge to state’s right-to-work law

November 7, 2014
Jennifer Nelson
The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A union had asked a Lake County judge to declare the entire statute unconstitutional.
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Gay marriage on way back to US Supreme Court

November 7, 2014
 Associated Press
A month after the U.S. Supreme Court declined to rule on gay marriage, the issue is headed its way again.
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Former township CFO pleads guilty in public theft case

November 7, 2014
IBJ Staff
A former chief financial officer for Center Township in Indianapolis plans to plead guilty to federal public corruption charges, the U.S. Attorney’s Office announced Thursday afternoon.
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Judges uphold denial of motion to suppress on rehearing

November 6, 2014
Jennifer Nelson
The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.
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Indiana man sentenced in shooting of intruder

November 6, 2014
 Associated Press
An eastern Indiana man has been sentenced to 60 days in jail for firing gunshots that wounded an intruder who was fleeing his property.
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New managing partner takes helm at Barnes & Thornburg

November 6, 2014
IL Staff
Barnes & Thornburg LLP announced Thursday the new managing partner of its Indianapolis office.
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Author of bin Laden book sues Indiana attorney, firm for malpractice

November 6, 2014
 Associated Press
A former Navy SEAL who wrote a book describing the raid that killed Osama bin Laden sued his former lawyers Wednesday for malpractice, saying they gave him bad advice that tarnished his reputation, cost him his security clearance and caused him to surrender much of the book's income to the government.
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All appeals judges retained by voters

November 5, 2014
IL Staff
The four Indiana appellate judges up for retention this year received approval from voters Tuesday.
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Indianapolis Legal Aid Society giving makeover to annual holiday fundraiser

November 5, 2014
Marilyn Odendahl
This holiday season, potential donors receiving a letter from the Indianapolis Legal Aid Society will not find a dollar bill in the envelope.
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Insurer on the hook for nearly $64,000 in home repairs following storm

November 5, 2014
Jennifer Nelson
An insurance company, based on the terms of its policy, is required to cover storm damage to the home of a northern Indiana couple, the Indiana Court of Appeals affirmed Wednesday. The insurer argued deteriorated shingles were the cause of the water damage in the home.
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COA affirms South Dakota law applies to personal injury case

November 5, 2014
Jennifer Nelson
A Marion Superior Court did not err when it decided that the location of an accident involving a drowsy driver – South Dakota – should be the applicable law in a case brought in Indiana.
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Big GOP wins create questions for Indiana Democrats

November 5, 2014
 Associated Press
Indiana Democrats are looking for places to rebuild after an election drubbing that saw Republicans capture all three statewide offices on the ballot, build on an already overwhelming supermajority in the state Senate and protect their supermajority in the House.
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Attorney: Candidate's arrest politically motivated

November 5, 2014
 Associated Press
An attorney says the Election Day arrest of a central Indiana town council candidate was politically motivated.
More

Appeals court weighing Indiana strip club dispute

November 5, 2014
 Associated Press
A federal appeals court is now considering whether northeastern Indiana city officials acted properly when they prevented a strip club from opening.
More
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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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