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Company owed no duty to woman injured by employee after work

December 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed Wednesday that a northwest Indiana steel producer did not owe a duty to a woman injured in a car accident caused by an employee as he drove home from his shift. 
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Fewer cases filed in 2013 in state courts

December 31, 2014
IL Staff
There were 1,152,052 new cases filed in state courts in 2013, a decrease of 7.3 percent over the previous year, according to data released Tuesday by the Indiana Supreme Court and the Division of State Court Administration. The data continues to show the trend of a drop in filings over recent years.
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Bell damaged by 2009 courthouse fire gets new home

December 31, 2014
 Associated Press
A 150-year-old bell that survived a fire that heavily damaged a historic southern Indiana courthouse has a new home on the courthouse's lawn.
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Georgia woman files suit in Indiana Megabus crash

December 31, 2014
 Associated Press
A Georgia woman injured when a double-decker bus crashed in southern Indiana is suing Megabus over medical bills and lost wages stemming from her injuries.
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2014 Year in Review

December 31, 2014
IL Staff
This year could be described as a historic one for Indiana. The state's ban on gay marriage was overturned by the courts, and, for the first time, a woman was chosen as chief justice of the Indiana Supreme Court. In fact, women are leading most of the courts in Indiana. In 2014, we saw changes in the law schools, a new criminal code implemented, and attorneys in trouble with the court and the law. (Remember the attorney who doesn't like to wear socks?)
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Judy Stanton stepping down as leader of NWI Volunteer Lawyers Inc.

December 31, 2014
Marilyn Odendahl
Judy Stanton was not immediately attracted to the law. She graduated from college and started a family. But an article she read in the mid-1970s in her alumni magazine about lawyers sparked her interest in the law. She's since spent more than 30 years helping the underserved.
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Artwork honoring Shepard has 'stalled'

December 31, 2014
Marilyn Odendahl
A plan by the inaugural class of the Indiana State Bar Association’s Leadership Development Academy to honor retired Indiana Chief Justice Randall Shepard has unraveled, and class members are preparing to consider several options for moving forward, including scrapping the project altogether.
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Turnover of judges marks new era in Bankruptcy Court

December 31, 2014
Dave Stafford
An Indiana federal court that for a dozen years was presided over by the same four judges has undergone a near-total overhaul in the past two years.
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State Fair stage collapse appeal puts tort caps on trial

December 31, 2014
Dave Stafford
While the lone victim of the Indiana State Fair stage collapse who declined to settle with the state aims to prove caps on its liability are unconstitutional, judges who heard the appeal focused on why she was denied her day in court.
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Right-to-work court battle may not be over

December 31, 2014
Marilyn Odendahl
Despite a series of court rulings upholding Indiana’s right-to-work law, unions are not stopping their efforts to have the law overturned. Some opponents are considering petitioning for a review by the Supreme Court of the United States as well as filing another lawsuit in Indiana state court.
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INBOX: Lawyers question use of qualified immunity for police

December 31, 2014
Attorneys from an Indianapolis law firm suggest lifting qualified immunity, the shield that protects police officers' actions.
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Quick: Start the new year with a ‘firm’ marketing plan

December 31, 2014
Jon Quick offers tips for firms to consider when creating an effective marketing plan.
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Commentary: Lawyer recounts work on Resnover death penalty case

December 31, 2014
Attorney David Hurley writes about his work for the state on the Gregory Resnover execution. Resnover was put to death by electrocution in 1994.
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Hammerle on...'Top Five,' 'The Hobbit: The Battle of the Five Armies'

December 31, 2014
Robert Hammerle
Bob Hammerle says a tearful goodbye to the "Hobbit" series.
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Driver’s lack of appellee brief reinstates license revocation

December 30, 2014
Dave Stafford
A motorist who won a trial court judgment vacating the suspension of his driver’s license didn’t file a brief when the Bureau of Motor Vehicles appealed the decision and, therefore, lost his challenge of the BMV action.
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COA affirms judgment for seller in voided land deal

December 30, 2014
Dave Stafford
Sellers of property that had been designated as the second phase of a Gatorade distribution facility in Hendricks County were properly awarded specific performance of a contract to sell the land after the buyer backed out, the Court of Appeals held.
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Pulling a switcheroo leads to felony conviction

December 30, 2014
Marilyn Odendahl
A man who switched seats to help a friend failed to convince the Indiana Court of Appeals that he unknowingly put himself in the hot seat.
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Insurer owes no duty in dispute between sibling ex-law partners

December 30, 2014
Dave Stafford
A dispute between a brother and sister as their law firm partnership was dissolving was an employment-related matter covered by an insurer’s exclusionary clause, the Indiana Court of Appeals held Tuesday, reversing a trial court order.
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Principal fired for relationship with teacher wins appeal

December 30, 2014
Dave Stafford
A Westfield elementary school principal fired in 2011 for a consensual sexual relationship with a teacher he supervised won an appeal of his lawsuit against the school corporation, which had been granted summary judgment by the trial court.
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Clark County prosecutor stepping down after 25 years

December 30, 2014
 Associated Press
After serving as the Clark County prosecutor for 25 years — the longest term of a prosecutor in the county's history — Steve Stewart is moving on to new challenges.
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Owner can seek separate claim for property damage coverage

December 29, 2014
Marilyn Odendahl
Despite having agreed to pay $1.7 million, an insurance company may have to provide more money to satisfy a claim from the owner of a contaminated property.
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COA finds double-jeopardy violations in conviction of former secretary of state

December 29, 2014
Marilyn Odendahl
Former Indiana Secretary of State Charlie White, convicted of voter fraud and removed from office, had three of his six convictions overturned by the Indiana Court of Appeals Dec. 29 and will have to serve his sentence of one year of electronic home monitoring.
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Ohio woman’s incriminating statements properly suppressed

December 29, 2014
Jennifer Nelson
An Ohio woman charged with murder and other crimes in Ripley County prevailed in the Indiana Court of Appeals Monday when the judges affirmed the grant of her motion to suppress incriminating statements she gave to police.
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‘Second haircut’ nixed by tax court

December 29, 2014
Marilyn Odendahl
A finance company that purchased car loans at a discounted price is entitled to recoup all the sales tax on the loans which have since gone into default.
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Impact of Indiana's criminal code changes unclear

December 29, 2014
 Associated Press
Indiana's prosecutors and judges are still adjusting to sweeping changes to the state's criminal code intended to send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. 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

  4. 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.

  5. 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.

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