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Anthem data breach already sparks class-action lawsuit

February 5, 2015
IBJ Staff, J.K. Wall
Less than 12 hours after Anthem Inc. reported hackers had stolen data on as many as 80 million current and former customers, Indianapolis attorney Irwin Levin already was preparing a class-action lawsuit against the company.
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7th Circuit affirms carjacking enhancement stemming from bank robbery

February 5, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals quickly dismissed a defendant’s argument that his sentence for bank robbery should not include a two-level sentence enhancement for carjacking because the keys to the car were obtained by rummaging through the victim’s purse and not through force or intimidation.
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7th Circuit stresses holding Pavey hearing separate from summary judgment hearing

February 5, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for the Indiana Department of Correction and its commissioner on a disabled inmate’s claims of violations of the Americans with Disabilities Act and the Rehabilitation Act. The judges also suggested that courts do not hold a Pavey hearing at the same time as a hearing on a motion for summary judgment.
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Defendant must try to prevent crime discovery for statute of limitations to toll

February 5, 2015
Jennifer Nelson
In dealing with an issue of first impression, the Indiana Supreme Court found a robbery charge should be dismissed because it was filed outside of the statute of limitations. The state argued the defendant had concealed evidence of the crime, thus tolling the five-year statute of limitations.
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IU Maurer teams up with 5 women’s colleges for scholarships

February 4, 2015
IL Staff
Indiana University Maurer School of Law announced Wednesday that it has established scholarship and mentoring programs for graduates of five liberal arts colleges for women.
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Marion County justice complex decision could come at last minute

February 4, 2015
Kathleen McLaughlin, IBJ Staff
The Indianapolis City-County Council could push the closing of a $1.6 billion deal for a new criminal justice complex to the last minute.
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Majority finds no error regarding potential electronic monitoring

February 4, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that a trial court had improperly delegated to a community corrections program the authority to decide whether he should be subject to electronic monitoring.
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Second Harper Lee novel to be published in July

February 4, 2015
 Associated Press
Fans and followers of Atticus Finch rejoice. "To Kill a Mockingbird" will not be Harper Lee's only published book after all.
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Court rules in favor of hospital in contract dispute

February 4, 2015
Jennifer Nelson
A Lake County medical center prevailed in an appeal filed by the other party in a contract to provide anesthesiology services for patients. The Indiana Court of Appeals affirmed summary judgment in favor of the hospital on several breach of contract claims.
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Man’s conviction for murdering neighbor upheld

February 4, 2015
Jennifer Nelson
Citing a wide array of circumstantial evidence to support a Cass County man’s murder conviction in connection with his neighbor’s death, the Indiana Court of Appeals affirmed the conviction.
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Courthouse security plan to add cameras with sweeping views

February 4, 2015
 Associated Press
Security cameras at a southeastern Indiana county's courthouse will rotate 180 degrees and allow officials to monitor every part of the building without cluttering it up.
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Oden pleads guilty to battery in deal with prosecutors

February 4, 2015
 Associated Press
Former NBA No. 1 draft pick Greg Oden has struck a plea deal with prosecutors to settle battery charges involving a former girlfriend.
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Indiana woman found guilty of feticide charge

February 4, 2015
 Associated Press
A guilty verdict has been returned against an Indiana woman charged with neglect in the death of a newborn whose body was found in a restaurant trash bin.
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House panel passes bill adding oversight to state agencies

February 4, 2015
 Associated Press
State government agencies could face greater scrutiny when proposing new regulations under a measure an Indiana House committee approved Tuesday.
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Settlement reached in former IPFW chancellor's lawsuit

February 4, 2015
 Associated Press
Attorneys for Purdue University say the school has settled a federal lawsuit over the forced retirement of Indiana-Purdue Fort Wayne's former chancellor.
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Supreme Court seeks state funds for technology, access to courts

February 3, 2015
IL Staff
A group of four representatives of the Indiana Supreme Court explained to the House Ways & Means Committee Tuesday morning why the state should give the judiciary millions of dollars for court technology, access to courts and criminal code reform.
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Indiana will get share of $1.38B Standard & Poor’s settlement

February 3, 2015
IL Staff
A billion-dollar settlement stemming from allegations that Standard & Poor’s Financial Services LLC misled investors in the lead up to the 2008 financial crisis will net Indiana $21.5 million.
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Senate passes bill allowing religion-based hiring by contractors

February 3, 2015
 Associated Press, IL Staff
The Indiana Senate has moved a bill to the House of Representatives that will allow religious institutions that receive state and local government contracts to make hiring decisions based upon religion.
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Man’s criminal confinement conviction reversed, battery conviction reinstated

February 3, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered a Class B felony criminal confinement conviction reversed based on insufficient evidence, but judges ordered a battery conviction previously dismissed over double jeopardy concerns reinstated.
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COA affirms father must pay $876 in child support to non-custodial parent

February 3, 2015
Jennifer Nelson
There was no error by a trial court when it ordered a father to pay his ex-wife, who is the non-custodial parent of their two children, nearly $900 a week in child support, the Court of Appeals affirmed Tuesday. The order and figure are supported by the Indiana Child Support Guidelines.
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Nominee for Southern District bench could be named by summer

February 3, 2015
Marilyn Odendahl
The vacancy on the U.S. District Court for the Southern District of Indiana could be filled by the end of the year, according to Indiana’s Democratic U.S. senator.
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COA reverses summary judgment in personal injury claim, abandons volunteer doctrine

February 3, 2015
Jennifer Nelson
A negligence case involving a Terre Haute HVAC business and a man injured while helping move a furnace will move forward now that the Indiana Court of Appeals has reversed summary judgment in favor of the company.
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COA reverses conviction based on unreasonable police search

February 3, 2015
Jennifer Nelson
A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.
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Justices send post-conviction case back to COA for consideration

February 2, 2015
Jennifer Nelson
The Indiana Supreme Court has vacated the dismissal of a Marion County post-conviction case and remanded it to the Court of Appeals. That was one of two cases justices took action on last week.
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Judge orders revenue department to produce handwritten notes

February 2, 2015
Jennifer Nelson
Two pages of handwritten notes prepared by an Indiana Department of State Revenue employee must be turned over to an Illinois company challenging the denial of four refund claims, the Indiana Tax Court held Friday.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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