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Felon firearm possession charge affirmed on appeal

May 20, 2016

An Indianapolis man convicted of possession of a firearm by a serious violent felon failed to persuade the Indiana Court of Appeals that the search that led to discovery of the gun wasn’t supported by reasonable suspicion.

Man loses home damage appeal that blamed neighbor’s watering

May 20, 2016

A man whose Monroe County home was lost to mold contamination lost his appeal of a jury verdict in favor of his neighbor. The homeowner had claimed his neighbor’s excessive watering of her lawn caused water damage to the basement of his home.

Opinions — May 20, 2016

May 20, 2016

Indiana Tax Court
Miller Pipeline Corporation v. Indiana Department of State Revenue
49T10-1012-TA-00064.
Tax. Remands six out of 11 issues Miller pipeline claimed after Miller appealed the Department of Revenue’s denial of Miller’s claim for refund of sales and use taxes remitted for the 2006 and 2007 tax years.

COA: Lack of warning signs reinstates suit in fatal crash

May 20, 2016

The Indiana Court of Appeals found the Hancock County Board of Commissioners was not liable for the way an intersection was designed but found there was an issue of material fact as to whether the county should have installed warning signs there. A man was killed at the intersection in 2009 in a crash with another vehicle, triggering a lawsuit.

States ban kratom supplement over abuse worries

May 20, 2016

Kratom, a little-known plant-based substance often sold as an herbal supplement to address chronic pain, is raising alarm bells in states concerned that it could be as addictive as heroin.

Newborn blood sample case appealed to Indiana’s high court

May 20, 2016

An Indiana couple seeking the destruction of millions of newborn blood samples stored in a state warehouse is appealing their case to the Indiana Supreme Court. The couple’s attorney filed a petition Thursday asking the state high court to take up the case.

Tax court adjusts sales, use taxes for contractor

May 20, 2016

The Indiana Tax Court reversed some issues and affirmed others related to Miller Pipeline’s claim of refund of sales and use taxes remitted for the 2006 and 2007 tax years, ruling the contractor overpaid by tens of thousands of dollars.

Supreme Court rehearing sought in lawmaker email fight

May 19, 2016

The battle over legislators’ emails continues as the groups fighting to make public the correspondence between a Republican Representative and lobbyists filed for a rehearing with the Indiana Supreme Court.

Opinions — May 18, 2016

May 19, 2016

Indiana Supreme Court
In the matter of: Elton D. Johnson
71S00-1408-DI-544
Discipline. Disbars Johnson after he committed attorney misconduct by providing incompetent representation, converting client funds and failing to cooperate with the disciplinary process. Johnson violated 13 different Indiana Professional Conduct Rules as well as three Indiana Admission and Discipline Rules.

COA: Worker’s comp board may overrule medical examiner

May 19, 2016

The Indiana Court of Appeals affirmed a Worker’s Compensation Board decision that a man did not sustain a cervical injury as a result of a workplace accident. The board was not required to follow treatment recommendations of an independent medical examiner who saw the man after his employer notified him of its intent to terminate temporary total disability benefits.

Handcuff injury claim against Alexandria officers proceeds

May 19, 2016

A man who claims he was injured after he asked Alexandria police not to handcuff him during a compliant arrest because he’d had recent rotator cuff surgery that limited his shoulder mobility may proceed with a federal lawsuit against the officers, a judge ruled Wednesday.

Ex-prosecutor Brizzi faces disciplinary complaint

May 19, 2016

The Indiana Supreme Court Disciplinary Commission is recommending former Marion County Prosecutor Carl J. Brizzi III be punished for “a pattern of misconduct” that occurred during his time in office.

COA: Mother’s rights not violated by reasonable efforts order

May 19, 2016

The Indiana Court of Appeals ruled an order that reasonable efforts to reunify a mother and her daughter were not necessary did not violate her rights under the Americans with Disabilities Act or the Rehabilitation Act and affirmed judgment of the trial court.

COA upholds contempt charges in video conference

May 19, 2016

The Indiana Court of Appeals upheld a man’s contempt of court charges after it found just because a man was on video didn’t mean he couldn’t commit contempt, and the evidence was enough to uphold the charges.

Groups want rehearing in lawmaker email case

May 19, 2016

Consumer advocacy groups and professional journalism organizations are asking the Indiana Supreme Court to reconsider a recent decision allowing lawmakers to withhold emails requested under the state’s public records law.

Justices back company seeking legal fees from government

May 19, 2016

The Supreme Court has ruled in favor of an Iowa trucking company that was trying to recover $4.7 million in legal fees from the Equal Employment Opportunity Commission after a class action lawsuit against the company was thrown out.

Lake County investigating unreported driving suspensions

May 19, 2016

Prosecutors in northwest Indiana are investigating whether a former Lake Station city clerk intentionally failed to send convictions in drunken driving cases to the Indiana Bureau of Motor Vehicles.

Coal mine environmental risk grows with bankruptcies

May 19, 2016

As more coal companies file for bankruptcy, it’s increasingly likely taxpayers will be stuck with the very high costs of preventing abandoned mines from becoming environmental disasters.

Supreme Court disbars South Bend lawyer

May 19, 2016

The Indiana Supreme Court issued a disbarment decision Wednesday finding Elton Johnson committed attorney misconduct in a number of ways. The per curiam decision lists incompetent representation, converting client funds and failing to cooperate with the disciplinary process as reasons for Johnson’s disbarment.

Deregulation touted for growth, innovation in legal profession

May 18, 2016

To revitalize the legal profession, an economist and Yale law student are calling for an end to the rules and regulations that require bar exam passage, prevent nonlawyers from practicing and prohibit anyone who does not hold a J.D. degree from owning law firms.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

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

  • Firing squad, gas execution methods move out of Indiana House committee

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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