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Judge wants state to discard ‘archaic’ coverture fraction

January 20, 2016

The Indiana Court of Appeals upheld the division of a husband’s pension through the use of the coverture fraction, but one judge questioned why Indiana continues to use the doctrine which has its origin in an “outdated and misogynist view” of the rights and roles of men and women.

COA finds 1 out of 3 dental advertising regulations unconstitutional

January 20, 2016

The regulation that compels dentists to disclose every dentist within the practice in advertisements is unconstitutional, the Indiana Court of Appeals held Wednesday. It held two other challenged regulations regarding advertising are not unconstitutional.

Opinions Jan. 20, 2016

January 20, 2016

Indiana Court of Appeals
Indiana Professional Licensing Agency and Indiana State Board of Dentistry v. Irfan A. Atcha, D.D.S.
49A02-1504-MI-197
Miscellaneous. Affirms in part and reverses in part the trial court’s finding that three dental advertising regulations are unconstitutional. The state properly restricted Dr. Atcha’s false and misleading claims implying he had a particular dental specialty and could provide better materials or superior service than other dentists. But the state may not compel a dentist to list on his advertisements every dentist in his practice. Remands for the board to reassess the penalty in light of this decision.

Divided Senate panel OKs guns for Statehouse staffers

January 20, 2016

Indiana General Assembly staff members would be allowed to carry handguns inside the state Capitol under a bill recommended for passage on a party-line vote Wednesday by the Senate Judiciary Committee.

Jury seated in trial of man accused in fatal house explosion

January 20, 2016

A jury of eight men and four women has been seated for the trial of a man accused of murder, arson and conspiracy charges.

Law schools, ILS partner on foreclosure prevention services

January 20, 2016

A grant from the Office of the Indiana Attorney General will help fund a partnership between Indiana Legal Services Inc. and two law schools in an effort to provide more services to those facing foreclosure in the state.

7th Circuit upholds convictions in attempted post office robbery

January 20, 2016

A videotaped interview brought to light mid-trial and the suppressed personnel record of a detective did not constitute violations under Brady v. Maryland, warranting a new trial for a man convicted of aiding and abetting firearm use during the attempted robbery of a Fort Wayne post office in 2012.

Clark County makes switch to e-filing

January 20, 2016

Clark County has become the second county to have its trial courts use electronic filing.

Bill adding goats, sheep as fenced-hunting targets advances

January 19, 2016

Indiana lawmakers are poised to add bighorn sheep and exotic mountain goats to the kinds of animals the state sanctions to be shot by hunters in high-fence enclosures not regulated by the Department of Natural Resources.

Court affirms in part lien priority ruling

January 19, 2016

A trial court correctly concluded that a living trust, which held a purchase-money mortgage over a property in question, had first priority in enforcing a lien against the property, the Court of Appeals ruled Tuesday.

Judges split over reversal of drug conviction after inventory search

January 19, 2016

Each member of a panel on the Indiana Court of Appeals authored an opinion regarding a man's marijuana conviction stemming from the discovery of the drug during an inventory search after he was arrested for allegedly driving on a suspended license. Two of the three judges voted to reverse his felony conviction.

Opinions Jan. 19, 2016

January 19, 2016

Indiana Court of Appeals
Cary R. Coleman v. State of Indiana
47A01-1506-IF-659
Infraction. Reverses speeding infraction, finding the trial court erred in concluding that the altered speed limit established by Lawrence County Ordinance 5-2-1 was effective in the absence of signage giving motorists notice of the altered speed limit.

Lack of signage causes COA to toss speeding ticket

January 19, 2016

The Indiana Court of Appeals threw out a man’s speeding ticket issued in Lawrence County after ruling the county did not make motorists aware with signs of the 35 mph speed limit on the road.

US court backs Apple motion in patent case against Samsung

January 19, 2016

A U.S. court ruled in favor of Apple Inc. in its patent battle with Samsung Electronics Co. and ordered the South Korean company to stop using software in the U.S. that helps mobile phones infringe on those patents.

Amazon veers into labor law fight-zone for hurried deliveries

January 19, 2016

Amazon.com Inc.’s Uber-esque foray into ultra-fast delivery has landed it in court with drivers claiming they’re being exploited.

GM accuses ignition-switch trial plaintiff of dream-house fraud

January 19, 2016

An Oklahoma man suing General Motors Co. in the first trial over a deadly ignition switch flaw lied to the jury about his family’s eviction from its “dream house” after he committed fraud against a real estate agent, the company says.

East Chicago settles lawsuit alleging excessive force

January 19, 2016

Court records say the city of East Chicago has settled a lawsuit with the family of a now-deceased man who alleged a police officer used excessive force against him in 2012.

US Supreme Court sets election-year clash on immigration

January 19, 2016

The Supreme Court of the United States agreed Tuesday to an election-year review of President Barack Obama's executive order to allow up to 5 million immigrants living in the U.S. illegally to "come out of the shadows" and work legally in the United States.

Court decision paves way for displaced pizza shop’s trial

January 18, 2016

Enzo Pizza’s long-simmering legal battle with the Indianapolis City Market finally is headed to trial after the eatery won a partial court victory this month against its former landlord.

Sexual discrimination lawsuit against WTLC owner thrown out

January 18, 2016

A sexual discrimination lawsuit filed by a fired employee of Indianapolis stations WTLC-FM and WTLC-AM has been thrown out by the judge in the case.

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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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