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Appeals court rules NCAA in violation of antitrust laws

September 30, 2015
 Associated Press
A federal appeals court ruled Wednesday that the NCAA's use of college athletes' names, images and likenesses in video games and TV broadcasts violated antitrust laws, but it struck down a plan allowing schools to pay athletes up to $5,000.
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Estate loses on appeal but will get refund

September 30, 2015
Jennifer Nelson
The Indiana Tax Court reversed a probate court’s entry of summary judgment in favor of an estate on a claim seeking a refund of nearly $645,000 paid in inheritance tax, but the judge did find the estate is entitled to approximately $58,000 as a refund.
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COA: Case belongs in Tax Court

September 30, 2015
Jennifer Nelson
A company owner seeking relief from a tax judgment should not have filed in county court, but with the Indiana Tax Court, the Court of Appeals concluded Wednesday. It ordered the case dismissed on jurisdictional grounds.
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Absent agreement, man can't be ordered to pay restitution if not convicted

September 30, 2015
Jennifer Nelson
A man who pleaded guilty to one count of theft for stealing grain, but admitted to stealing from the victim on other occasions, had his restitution amount reduced from nearly $150,000 to just around $28,000.
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COA divided over denial of deposition request

September 30, 2015
Jennifer Nelson
The Indiana Court of Appeals was split in a decision Wednesday regarding whether a man on trial for a drug charge should have been allowed to depose two witnesses prior to trial. The judges didn’t agree as to which caselaw is controlling in the matter.
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New prosecutor renders defendant’s request moot

September 30, 2015
Jennifer Nelson
A defendant’s request to disqualify the entire LaPorte County Prosecutor’s Office from his voluntary manslaughter case because several in the office viewed his conversation with his attorney recorded during a police interrogation is moot because there is a new prosecutor in office, the Indiana Court of Appeals has ruled.
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Court: Man participated in meth manufacturing

September 30, 2015
Jennifer Nelson
A man’s conviction in Whitley County for dealing in methamphetamine by manufacturing was upheld by the Court of Appeals Wednesday. There is evidence that the man knowingly or intentionally aided an acquaintance in making methamphetamine in the home the defendant shared with his girlfriend.
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COA splits over terminating parental rights to twins

September 29, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the decision to terminate the parental rights of a mother to her twin daughters based on insufficient evidence, although one judge believed the termination should have been upheld. The court unanimously affirmed the decision to end her parental rights to her son.
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Company’s recordings not considered ‘publication’

September 29, 2015
Jennifer Nelson
An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.
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For new associates, work seems like school

September 29, 2015
 Bloomberg News
It’s like going back to school. Before they begin to work, new lawyers at many big firms complete lengthy orientation programs that provide instruction on topics like basic accounting and finance.
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Ex-Lake Station mayor wants delay in 2nd criminal trial

September 29, 2015
 Associated Press
The former mayor of Lake Station and his wife have asked for a delay in their second criminal trial and for a federal judge to recuse himself.
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Lawsuit: College prep company is insolvent, owes millions

September 29, 2015
 Associated Press
A credit union that holds loans on thousands of prospective college students is suing an Indianapolis-based college test preparation company, alleging that it owes it more than $12 million.
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Statehouse services set for longtime state Rep. Crawford

September 29, 2015
 Associated Press
Longtime Indiana state Rep. William Crawford will lie in state in the Indiana Statehouse Rotunda ahead of his funeral this week.
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Lawsuit alleges Crown Hill illegally solicited people in hospitals, care facilities

September 28, 2015
Dave Stafford
Indiana’s largest cemetery illegally made direct solicitations to people in hospitals, mental health facilities and other care settings, alleges a class-action lawsuit  filed Monday in Indianapolis.
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New Indiana attorneys sworn in during admission ceremony

September 28, 2015
IL Staff
The state’s legal profession welcomed 312 new lawyers to its ranks Monday during an admission ceremony hosted by the Indiana Supreme Court.
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Communities request more funds than DOC has available

September 28, 2015
Marilyn Odendahl
In advance of lower-risk offenders staying in local jails instead of going to state prisons, counties across Indiana have requested more than $17 million from the state. However, for the first round of appropriations this fiscal year, the Department of Correction only has $5 million to give.
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Allen County Bar to honor attorneys for longtime service

September 28, 2015
IL Staff
The Allen County Bar Association will recognize 13 attorneys Tuesday at its annual meeting for their outstanding professional and civic accomplishments in the local community, including 10 who have a total of 500 years of legal service among them.
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Court: Policy required notice to title insurance company

September 28, 2015
Jennifer Nelson
A Greensburg couple who received two legal notices that their home was going into a tax sale never notified their title insurance company about the issue, which doomed their lawsuit. The Indiana Court of Appeals upheld summary judgment in favor of the title insurer.
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Ex-US House speaker's lawyers talking possible plea deal

September 28, 2015
 Associated Press
Former U.S. House Speaker Dennis Hastert's attorneys are talking with prosecutors about a possible plea deal in the Republican's hush-money case, both sides told a federal judge Monday.
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Complaint targets Quicken Loans' employee free speech rules

September 28, 2015
 Associated Press
Mortgage giant Quicken Loans overly restricts employees' free speech and should rewrite its rules for workers and educate employees about their rights, according to a National Labor Relations Board complaint.
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Gary airport tenant sues airport authority, private operator

September 28, 2015
 Associated Press
A tenant at the Gary/Chicago International Airport is suing the airport authority and its private operator, alleging that they "unilaterally" quadrupled its rent.
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Volkswagen to be subpoenaed in probe by 27 states

September 25, 2015
 Bloomberg News
A majority of U.S. states, including Indiana, have begun a joint investigation of Volkswagen AG in the widening fallout from the company’s admission that 11 million of its diesel vehicles use software to cheat emissions tests.
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7th Circuit mourns death of Judge Cudahy

September 25, 2015
Jennifer Nelson
Judge Richard Cudahy, an active senior judge on the 7th Circuit Court of Appeals, died Tuesday at his Illinois home.
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TDSIC settlement agreement rejected by state utility regulators

September 25, 2015
Marilyn Odendahl
Citing the Indiana Court of Appeals’ ruling, the state utility regulatory agency rejected a power company’s attempt to use a new state statute to charge customers more.
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Judge dismisses lawsuit challenging Indiana Nativity display

September 25, 2015
Jennifer Nelson
A federal judge has granted the motion to dismiss a lawsuit brought last year challenging a Nativity scene erected annually outside the Franklin County courthouse.
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  1. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  4. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  5. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

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