Latest News

South Bend federal judge rules on FedEx class action litigation

December 15, 2010
Michael Hoskins
A federal judge in South Bend has issued a significant 182-page opinion that holds FedEx drivers nationwide are independent contractors rather than employees entitled to back pay and full benefits.
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High court reverses tax decision

December 15, 2010
Jennifer Nelson
An owner of leased property must prove it possesses an exempt purpose separate and distinct from the exempt purpose of its lessee to be entitled to statutory exemption, ruled the Indiana Supreme Court in a decision reversing the Indiana Tax Court.
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Judges affirm complaint is time-barred

December 15, 2010
Jennifer Nelson
Although a trial court shouldn’t have adhered to its local rule because it failed to achieve “the ultimate end of orderly and speedy justice,” the Indiana Court of Appeals affirmed the lower court’s finding that a woman’s claim against her deceased husband’s former employer was time-barred.
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Madison County joins Odyssey system

December 15, 2010
IL Staff
Madison County is the latest county to go online with the Indiana Supreme Court’s Odyssey case management system. The system connects counties to a network of courts, clerks, law enforcement, and other state agencies.
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Judge Mathias recognized for civics education

December 15, 2010
IL Staff
Indiana Court of Appeals Judge Paul D. Mathias received the Indiana Bar Foundation’s William G. Baker Award Dec. 12 for his work with civics education. Judge Mathias was cited for his work with the We the People program at the state level and in the 3rd Congressional District in Northeast Indiana.
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Appeals court recalls OWI decision

December 15, 2010
Jennifer Nelson
The Indiana Court of Appeals vacated a decision handed down Dec. 9 in which the court was split on the dismissal of a man’s operating while intoxicated charges. The issue was whether the charges should have been dismissed because the defendant didn’t know what vehicle he needed to defend against operating based on the charging information.
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COA rules in favor of national organization in dispute over church property

December 14, 2010
Jennifer Nelson
The Indiana Court of Appeals was faced with an issue between a Vanderburgh County church and its former national organization involving what happens to the local church property once the local church defected to another Presbyterian organization.
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Judges split on construction manager's duty to injured worker

December 14, 2010
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.
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Judge Fisher’s retirement ceremony Friday

December 14, 2010
IL Staff
A retirement ceremony for Indiana’s first Tax Court judge will happen Friday at the Indiana Statehouse.
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COA rules in favor of town on breach of contract claim

December 13, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed partial summary judgment to a city that collected a lower monthly bill rate than what was required for wastewater treatment from a town for 15 years and then sued to recover more than $500,000 it believed was owed to it. The city never informed the town the sewage treatment rate increased or that it was embroiled in a lawsuit over the matter.
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'We The People' students to witness naturalization ceremony

December 13, 2010
Rebecca Berfanger
As part of a three-day program that includes state finals for a civics competition that the Indiana Bar Foundation oversees, students will witness a naturalization ceremony this evening in downtown Indianapolis.
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Justices grant two civil cases, deny 27 appeals

December 13, 2010
IL Staff
The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.
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BLE director resigns

December 10, 2010
Michael Hoskins
The Indiana Supreme Court is searching for someone new to lead the state’s Board of Law Examiners after Linda L. Loepker resigned earlier this week.
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Justices: sentence shouldn't have been upped on appeal

December 10, 2010
Jennifer Nelson
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
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Governor appoints former prosecutor candidate to ATC

December 10, 2010
IL Staff
Mark Massa, the Republican candidate for Marion County prosecutor, is the new chairman of the Alcohol & Tobacco Commission. Gov. Mitch Daniels announced the appointment Thursday.
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COA divided on dismissal of OWI charges

December 9, 2010
Jennifer Nelson
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
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7th Circuit order changes wording in public-records opinion

December 9, 2010
Rebecca Berfanger
In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”
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Justices split on imprisonment for violating probation

December 9, 2010
Jennifer Nelson
The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.
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Appellate court to hear arguments in Fishers

December 9, 2010
IL Staff
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
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Judge: not all farm expenses are tax deductible

December 8, 2010
Jennifer Nelson
A probate court incorrectly allowed an estate to deduct three farm-related expenses from its inheritance tax return, but affirmed the deduction of the remaining nine in question, the Indiana Tax Court ruled Tuesday.
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Appellate court rules traffic stop legal

December 8, 2010
Jennifer Nelson
A police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car made it on to the street, ruled the Indiana Court of Appeals.
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SCOTUS takes case on whether vehicular flight from police is a 'violent felony'Restricted Content

December 8, 2010
Michael Hoskins
No one disputes fleeing in a vehicle from police is a crime. But whether that crime is considered a “violent” one worthy of an enhanced sentence under a long-standing federal career criminal statute is a legal nuance now an issue before the nation’s highest court, and Indiana is playing a key role.
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Encouraging diversity at law schoolsRestricted Content

December 8, 2010
Rebecca Berfanger
When asked if diversity played a role in their decisions on where to attend law school, a handful of minority law students in Indiana said while it wasn’t the biggest or only factor, it often was a consideration.
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Judge and his wife use son's death to discuss prescription drug abuseRestricted Content

December 8, 2010
Michael Hoskins
The scream that pierced the silence one morning almost two years ago is one that haunts Marion Superior Judge Bill Nelson every day, and it likely will for the rest of his life.
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Fewer filings, newer trends

December 8, 2010
Michael Hoskins
The number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million filings still amounted to the second-highest number ever for Indiana.
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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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