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Law professor’s book spotlights service workers’ fight for unions

August 26, 2015
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law professor Fran Quigley's book, “If We Can Win Here: The New Front Lines of the Labor Movement,” examines how the push for higher wages and better working conditions is playing out in the very red Hoosier state.
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Doubt means don’t: Drafting an effective social media policy

August 26, 2015
Stephanie Cassman, Nabeela Virjee
Because social media is a relatively new phenomenon, employers have been wading into uncharted territories when creating and implementing social media policies.
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Independent contractor or employee: DOL gives guidance

August 26, 2015
Carolyn Hall
In mid-July, the administrator for the Department of Labor’s wage and hour division issued an interpretation to give guidance about whether a worker is an independent contractor or an employee.
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Proposal would double salary threshold for exempt employees

August 26, 2015
Dave Stafford
Employment attorneys and their clients large and small are scrambling to find ways to deal with a likely change in federal regulation that could more than double the earnings threshold for workers classified as exempt from overtime.
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Prisoner’s Zantac lawsuit gives federal judges heartburn

August 26, 2015
Dave Stafford
An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.
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Bingham partner Solada key player in zoning disputes

August 26, 2015
Scott Olson
Mary Solada has built a reputation as one of Indianapolis’ top real estate attorneys by representing large developers on important zoning matters.
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Law school deans excited about Class of 2018

August 26, 2015
Marilyn Odendahl
Law schools in Indiana are conducting orientations and starting classes for the 2015-2016 academic year. The class sizes are approximate and deans anticipate the numbers will change slightly, but overall they are excited about the new crop of students.
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COA finds medical provider made ‘reasonable effort’

August 25, 2015
Marilyn Odendahl
Telling the victim’s father it could not infer legislative intent, the Indiana Court of Appeals found a mental health care treatment center did comply with the state’s statutory requirements.
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Indiana Tech Law School restarts accreditation process, welcomes Zoeller

August 25, 2015
Marilyn Odendahl
Indiana Tech Law School, which began the fall semester Aug. 24, is welcoming a new class of first-year students and mounting another effort to gain preliminary accreditation.
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Ex-Columbus teacher’s FMLA violation claims reinstated

August 25, 2015
Dave Stafford
A Columbus teacher who claimed his contract wasn’t renewed after he missed 23 days of school should have his day in court on his claims that the school system interfered with his rights under the Family Medical Leave Act and retaliated against him.
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7th Circuit affirms judgment for school in bullying case

August 25, 2015
Dave Stafford
A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday.
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Former state senator is final appointment to redistricting committee

August 25, 2015
Marilyn Odendahl
Former Indiana senator and environmental leader Beverly Gard has been appointed to the state’s redistricting study committee, completing the selection process by the legislative leaders.
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COA ceremonies set for Friedlander and Altice

August 25, 2015
IL Staff
Ceremonies have been announced for judges transitioning off and on the Indiana Court of Appeals. A retirement ceremony for Judge Ezra H. Friedlander is scheduled for 2:30 p.m. Thursday in the Indiana Supreme Court courtroom. Chief Judge Nancy H. Vaidik will preside.
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Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case

August 25, 2015
 Associated Press
Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.
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District Court too heavy-handed in judgment, 7th Circuit rules

August 24, 2015
Marilyn Odendahl
A $2.7 million judgment in a messy dispute between a supplier and a now defunct furniture manufacturer has been overturned by the 7th Circuit Court of Appeals, which called the award “too heavy a sanction.”
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Blackford judges ban clerk from courthouse

August 24, 2015
Dave Stafford
Judges in Blackford County last week issued an order barring the elected clerk from her courthouse offices or even on the sidewalks surrounding the courthouse in Hartford City, claiming she behaved inappropriately and disobeyed and sabotaged court commands.
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Plans outline charter schools at juvenile detention centers

August 24, 2015
 Associated Press
An Indianapolis organization has proposed creating a charter school at juvenile detention centers statewide.
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COA splits over railroad benefits in divorce case

August 24, 2015
Dave Stafford
A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday.
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Indiana team that raided Fogle's home used mobile laboratory

August 24, 2015
 Associated Press
When they arrived at Jared Fogle’s home last month, law enforcement officials were armed with more than a search warrant.
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Maternity leave not excusable neglect for bank, but remand ordered

August 24, 2015
Dave Stafford
Huntington Bank failed to convince the Indiana Supreme Court that an overlooked notice in a mortgage foreclosure case was excusable neglect because the person who normally handled such notices was on maternity leave.
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Supreme Court reverses termination of father’s parental rights

August 21, 2015
Marilyn Odendahl
A man serving a 10-year sentence for dealing in methamphetamine, neglect of a dependent and maintaining a common nuisance is being given the opportunity to show he has changed.
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Tax court reaffirms ruling against Grant County assessor

August 21, 2015
Dave Stafford
The Indiana Tax Court on Friday reaffirmed its ruling that a company received insufficient notice of a retroactive assessment of its property in Grant County.
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Law school deans excited about Class of 2018

August 21, 2015
Marilyn Odendahl
At the University of Notre Dame Law School, Dean Nell Jessup Newton bet on the “summer melt” but ended up losing to Assistant Dean for Academic and Student Affairs Kevin O’Rear.
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Law barring convicted sex offenders from schools challenged

August 21, 2015
 Associated Press
An Indiana man is challenging a new state law that bars certain convicted sex offenders from entering schools, arguing it can impair the right to vote.
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Study: Child sexual assault 'far too common' in Indiana

August 21, 2015
 Associated Press
A report by the Global Health Communication Center at Indiana University-Purdue University Indianapolis states that adolescent sexual assault is “far too common” in the state.
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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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