Latest News

Judge temporarily blocks fines for House boycott

January 20, 2012
Michael Hoskins
Marion Superior Judge David Dreyer has blocked the collection of a $1,000-a-day fine imposed on boycotting lawmakers in the Indiana House of Representatives, granting a temporary restraining order until he can hold a hearing on the merits of the issue next week.
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Justices: patient fund not entitled to set-off

January 20, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award to account for the 20 percent chance the man would have died even without the doctor’s negligence.
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Appellate court affirms juvenile committed theft, burglary

January 20, 2012
Jennifer Nelson
There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.
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COA: arbitration provision null and void

January 20, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void on grounds of impossibility.
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Judges reverse denial of motion to suppress

January 20, 2012
Jennifer Nelson
The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.
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ISBA welcomes 25 lawyers to leadership program

January 20, 2012
IL Staff
Twenty-five attorneys make up the 2012 inaugural class of the Indiana State Bar Association’s Leadership Development Academy.
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Holmes to retire from ACLU of Indiana

January 19, 2012
IL Staff
Gilbert L. Holmes, who has led the American Civil Liberties Union of Indiana for nearly three years, will retire March 31.
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Supreme Court upholds unemployment benefits for Chrysler workers

January 19, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed the decision by the Review Board of the Indiana Department of Workforce Development granting unemployment benefits to Chrysler workers who took voluntary buyouts.
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Judges refuse to create another intoxication defense

January 19, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
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Attorney faces theft and forgery charges

January 19, 2012
Jennifer Nelson
An Indianapolis attorney and accountant has been charged with theft and forgery after an investigation revealed the attorney had misappropriated nearly $600,000 in funds from a guardianship account and a family trust account.
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Justices divided on proper sanction for attorney actions

January 18, 2012
Jennifer Nelson
The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.
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Justices reverse determinate commitment

January 18, 2012
Jennifer Nelson
In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.
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Human trafficking bill passes Senate

January 18, 2012
IL Staff
Senate Bill 4, legislation introduced to strengthen Indiana’s human trafficking statutes, has passed unanimously in the Senate. Legislators are pushing to make the bill a law before the Super Bowl in Indianapolis Feb. 5.
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COA clarifies ruling in negligent hiring lawsuit

January 18, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
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Court splits over motion for discharge ruling

January 18, 2012
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.
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Darden winds down his appellate career

January 18, 2012
Michael Hoskins
The Indiana Court of Appeals judge will retire in July when he turns 75.
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Bill would increase funds for pro bono districts

January 18, 2012
Jenny Montgomery
The modest filing fee could help offset declining IOLTA funds.
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Collaborative divorce offers closure for clients, demands less attorney time

January 18, 2012
Jenny Montgomery
Attorneys say collaborative divorce works for clients who hope to avoid the courtroom.
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Indiana chief justice delivers final address

January 18, 2012
Michael Hoskins
Shepard says state courts are no longer 'Lone Rangers.'
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Prisons face legal questions in managing inmate requestsRestricted Content

January 18, 2012
Michael Hoskins
The institutions must balance religion of inmates and security of prisons.
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Prioritizing increases ease of mergers

January 18, 2012
Jenny Montgomery
When considering whether to merger your firm with another, several factors must be considered, including avoiding geographic overlap and being honest with employees.
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Bankruptcy filings down in 2011Restricted Content

January 18, 2012
Kathleen McLaughlin
Attorneys says the drop in mortgage foreclosures and sales impacted filings.
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Bill would change child support statuteRestricted Content

January 18, 2012
Jenny Montgomery
Senate Bill 18 could reduce arrearages.
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Dean's Desk: Indianapolis law school enters new era

January 18, 2012
Robert H. McKinney School of Law Dean Gary R. Roberts writes about the multi-million dollar gift the Indianapolis law school received in December 2011.
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SCOTUS won't consider off-campus school speech

January 17, 2012
Michael Hoskins
The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.
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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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