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Lawyer: Former franchisee alerted Subway ad exec about Fogle

August 28, 2015
 Associated Press
A former franchisee alerted an executive in charge of Subway's advertising in 2008 about her concerns about pitchman Jared Fogle, according to her lawyer.
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Grandmother granted too much visitation time, COA rules

August 28, 2015
Dave Stafford
A paternal grandmother was properly granted visitation time with her granddaughter, but the Indiana Court of Appeals ruled Friday the court abused its discretion by awarding too much visitation time.
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Union wins closely watched labor case over who’s the boss

August 28, 2015
 Bloomberg News
More companies may be held responsible for labor-law violations committed by contractors and forced to negotiate wages and benefits with their workers under a decision by a politically split U.S. labor board.
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Award of attorney fees in wrongful death depends on existence of survivors

August 27, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Supreme Court said it was “neither absurd nor contrary to public policy” to find the state’s General Wrongful Death Statute provides different damage awards depending on survivors.
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Justices affirm denial of intervention in lengthy foreclosure suit

August 27, 2015
Dave Stafford
A clerk’s failure to docket a Carmel homeowner association’s judgment against a homeowner doesn’t mean a mortgagee was denied notice that a claim existed against the property, the Indiana Supreme Court ruled Thursday. Justices held a lis pendens filing  provided sufficient notice.
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Wanted: lawyers willing to be judges

August 27, 2015
Marilyn Odendahl
Reach for Youth is offering attorneys the opportunity to wear the black robe and test their judicial chops.
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7th Circuit affirms ruling but rejects rationale

August 27, 2015
Marilyn Odendahl
Although it agreed with the decision to toss the testimony of three experts, the 7th Circuit Court of Appeals cautioned the District Court about blanket assertions.
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Lawmakers hear from advocates on police body-camera rules

August 27, 2015
 Associated Press
Indiana lawmakers studying possible restrictions on the public release of police body-camera footage heard an impassioned plea Wednesday from a woman who is fighting to get a video of her husband's shooting death by Indianapolis police.
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Kentucky clerk defies court order to issue gay-marriage license

August 27, 2015
 Associated Press
The clerk's office in Moorehead, Kentucky, on Thursday again refused to issue a marriage license to a gay couple, in defiance of a Supreme Court of the United States ruling that legalized same-sex marriage across the country two months ago.
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Lawyer on trial, accused of coaching witnesses to lie

August 27, 2015
 Associated Press
The question of how far lawyers can go in providing clients the strongest possible defense underlies a rare trial coming to a close in Chicago, where federal prosecutors accuse an attorney of coaching defendants and witnesses to outright lie.
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Indiana justices hear dispute over '0INK' vanity plate

August 27, 2015
 Associated Press
A state lawyer argued Indiana’s Bureau of Motor Vehicles has the right to reject offensive messages sought on personalized license plates because every license plate has some government speech on it.
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Counterclaim in assault gets tossed

August 27, 2015
Marilyn Odendahl
A party guest arrested for allegedly assaulting two sheriff’s deputies was two months too late in filing a counterclaim.
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DCS workers' suit on unpaid overtime dismissed

August 27, 2015
 Associated Press
A federal judge has dismissed a lawsuit filed by two Indiana Department of Child Services investigators over having to work extensive overtime without receiving extra pay.
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Firm that took Conour cases ordered to pay creditor $774K

August 27, 2015
Dave Stafford
A law firm that took over personal-injury cases as attorney William Conour’s practice was unraveling before his fraud conviction must pay a Conour creditor almost $775,000, a federal judge ruled.
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Taking of pills, keys and car raises single larceny argument

August 26, 2015
Marilyn Odendahl
When Seth Curtis, wielding a gun, climbed back over the pharmacy counter, he had a bag containing Opana pills and the keys belonging to a pharmacy technician’s car. Seconds later, he exited the store, located the car and drove away.
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Lawmakers discussing police body camera footage rules

August 26, 2015
 Associated Press
Two weeks after a fatal Indianapolis police shooting led to calls for increased body camera use, state lawmakers will hold an advisory hearing to discuss restrictions on what police body camera footage should be publicly released.
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Justices OK award of attorney fees in mechanic’s lien suit

August 26, 2015
Dave Stafford
Subcontractors who worked on an IMAX movie theater in Portage and had to foreclose mechanic’s liens in order to get paid are entitled to legal fees, the Indiana Supreme Court ruled, affirming a Porter Superior trial court.
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Days on appeal bond not subject to credit time

August 26, 2015
Dave Stafford
A defendant who was released after an appeals court vacated a conviction that was later upheld by the Indiana Supreme Court cannot count the time he was released pending appeal against his sentence.
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Three charged with using inside information about ExactTarget

August 26, 2015
 Bloomberg News, Indianapolis Business Journal
A former JPMorgan Chase & Co. analyst has been charged with leaking insider information to his friends, including a tip about Salesforce.com’s $2.5 billion acquisition of Indianapolis-based ExactTarget Inc. in June 2013.
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Business owner ordered to pay $643K for securities fraud

August 26, 2015
J.K. Wall
Indianapolis businessman Timothy E. Cook and two businesses he controlled must pay nearly $643,000 for defrauding investors, according to a ruling Monday by a federal court judge.
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Lilly wins patent ruling over blockbuster drug Alimta

August 26, 2015
 Bloomberg News
Eli Lilly and Co. won a court ruling that will keep generic versions of the chemotherapy drug Alimta off the U.S. market until a patent expires in 2022.
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Reversal: DUI convictions violate double jeopardy

August 26, 2015
Dave Stafford
A man who pleaded guilty to a pair of drunken-driving charges was improperly convicted on both counts, the Indiana Court of Appeals ruled Wednesday, vacating one of the convictions.
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Fencer injured while watching bout loses negligence appeal

August 26, 2015
Dave Stafford
A college fencer who suffered a severe eye injury while she stood in the area reserved for participant spectators failed to convince an Indiana Court of Appeals panel to reinstate a negligence suit she filed against two sports sanctioning bodies.
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Former deputy had too little evidence to support retaliation claim

August 26, 2015
Marilyn Odendahl
A former Marion County Sheriff’s Department deputy, who previously had good job evaluations, was unable to present evidence to convince the 7th Circuit Court of Appeals that the investigation which led to his firing was actually a pretext for retaliating against him.
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Dimos takes key ABA post, vows to stay connected locally

August 26, 2015
Dave Stafford
James Dimos’ new leadership gig with the American Bar Association eventually will take him away from his adopted Indianapolis home of more than 30 years but, in a way, he’ll be returning home.
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. 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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