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Indiana among 13 states challenging California egg law

December 5, 2017

Indiana is among more than a dozen states that banded together Monday to ask the U.S. Supreme Court to block a California law requiring any eggs sold there to come from hens that have space to stretch out in their cages.

Special judge halts ‘irrational’ Charlestown code enforcement

December 4, 2017

After criticizing a southern Indiana city’s practice of levying code violation fines against some, but not all, local property owners as “irrational,” a Scott County judge has issued a preliminary injunction requiring the city to issue fines in a consistent manner that complies with local ordinances.

SCOTUS suggests it may side with states in sports betting case

December 4, 2017

The Supreme Court on Monday suggested it may side with New Jersey in its effort to make sports gambling legal in a case that could make betting on football, basketball and other sports widely available.

Opinions Dec. 4, 2017

December 4, 2017

Indiana Court of Appeals
Flanner House of Indianapolis, Inc. v. Flanner House Elementary School, Inc., Aliza Anderson, Chi Blackburn, Lorri Bryant, Dr. Cathi Cornelius, Robert Dotson, Brooke Dunn, Frances L. Hudson, et al.

49A02-1612-PL-2942
Civil plenary. Affirms the entry of summary judgment in favor of Flanner House Elementary School, Inc. and its individual directors and officers. Finds the Marion Superior Court did not err in granting summary judgment on the issue of compliance with the notice requirement of the Indiana Tort Claims Act. Also finds the application of the notice and liability limitations of the Indiana Tort Claims Act to charter schools is constitutional. Finally, finds Indiana Code sections 34-13-3-3 and 34-6-2-49(a) do not violate Article 1, Section 12 of the Indiana Constitution.

Dissolution of Pence Hensel spreads expertise to other firms

December 4, 2017

High-profile criminal defense attorneys Linda Pence and David Hensel have dissolved their Indianapolis firm, Pence Hensel LLC, and all three primary lawyers have moved their practices to other local law firms.

Negligence claim against GM, contractor to continue after deadly explosion

December 4, 2017

A negligence claim against General Motors and two independent contractors stemming from a deadly explosion at a Grant County GM plant will continue after a district court judge denied in part the defendants’ motions for summary judgment.

Supreme Court to hear case of juvenile who threatened school

December 4, 2017

After a divided panel of the Indiana Court of Appeals partially reversed a delinquent adjudication against a high school student who made violent threats against his school and classmates, the Indiana Supreme Court has agreed to decide whether the student’s adjudications should stand in part or in whole.

COA: Charter school suit requires tort claim notice

December 4, 2017

An Indiana trial court properly granted summary judgment in favor of a charter school organizer under the Indiana Tort Claims Act because an organizer and charter school jointly make up the statutory definition of a “charter school,” the Indiana Court of Appeals ruled Monday. The appellate panel also upheld the constitutionality of classifying a charter school as a “governmental entity.”

South Bend airport chief appointed to JNC

December 4, 2017

South Bend International Airport director Michael Daigle has been appointed to the Indiana Judicial Nominating Commission as one of three lay representatives on the seven-member panel.

Feds seek 4-5-year sentence for ex-attorney in wire fraud case

December 4, 2017

A disbarred northern Indiana attorney who drained a grocery store receivership of more than $330,000 then covered up his crimes for more than a decade should receive a sentence of about four to five years in federal prison on Tuesday, prosecutors say.

Court values land at 4 times St. Joseph County’s offer

December 4, 2017

A St. Joseph County official said he’s surprised a 37-acre tract in New Carlisle the county hopes to buy has been valued by court-appointed appraisers at more than four times what the county offered its owner.

Ex-Indiana sheriff’s bribery sentencing moved to January

December 4, 2017

The sentencing of former Lake County Sheriff John Buncich on his federal bribery and wire fraud conviction has been moved to mid-January.

Pence Hensel dissolves, partners join other firms

December 4, 2017

The high-profile criminal defense firm of Pence Hensel LLC is closing after partners Linda Pence and David Hensel agreed to discontinue the Indianapolis practice, according to an announcement today from Pence.

Indiana joins bid to upset prohibition against sports gambling

December 1, 2017

Eighteen states, including Indiana, have joined New Jersey at the United States Supreme Court in crying foul over a 25-year-old federal statute that prevents them from legalizing gambling on collegiate and professional basketball, football, baseball and other sporting events.

Opinions Dec. 1, 2017

December 1, 2017

The following Indiana Tax Court opinion was posted after IL deadline Thursday:
The University of Phoenix, Inc. v. Indiana Department of State Revenue

49T10-1411-TA-65
Tax. Vacates the Indiana Department of State Revenue’s assessments of adjusted gross income tax for the University of Phoenix, Inc. for the 2009, 2010 and 2011 tax years. Finds the department erroneously calculated the proposed assessments by sourcing the university’s revenue according to the location of its market, rather than the location of the costs of its income-producing activities as required by Indiana Code section 6-3-2-2(f)(2). Also finds the university’s calculation of its Indiana sourced income report on its original tax returns for the years at issue is persuasive.

Tax Court vacates proposed assessments for University of Phoenix

December 1, 2017

Proposed assessments against an Arizona-based university that offers online classes to Indiana students have been thrown out after the Indiana Tax Court determined the university properly followed statutory procedure by not sourcing its receipts for Indiana students to the Hoosier state.

Northern District Bankruptcy Court seeks comment on rule amendment

December 1, 2017

Indiana’s Northern District Bankruptcy Court is seeking public comment on a proposed addition to a local rule.

Indiana police uncertain why 2,500 assault kits untested

December 1, 2017

Indiana State Police say a review has found more than 2,500 untested sexual assault evidence kits languishing at police departments across the state for unknown reasons.

Opponents in LGBT case agree: It’s not about wedding cake

December 1, 2017

In a legal case with profound implications for LGBT rights and religion’s place in public life, the opposing sides agree on this: It's not about the cake.

Ex-Trump adviser Flynn pleads guilty to lying to FBI

December 1, 2017

Former national security adviser Michael Flynn pleaded guilty Friday to lying to the FBI, becoming the first Trump White House official to face criminal charges and admit guilt so far in the wide-ranging investigation led by special counsel Robert Mueller.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

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