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Falcon: Are no-damage-for-delay clauses enforceable?

November 3, 2015

When the enforceability of a no-damage-for-delay clause is litigated in Indiana, practitioners commonly rely on the treatment of certain exceptions in other jurisdictions, while conceding that Indiana’s courts have not definitively weighed in. But is that position entirely accurate?

Reddick and Law: TIF financing and public-private partnerships on the rise

November 3, 2015

As the state of Indiana continues to search for new and innovative ways to recruit businesses to the area and create more jobs, the use of creative financing incentives such as tax increment financing and public-private partnerships, or P3s, has continued to be essential to development.

Sweeping changes in HOA laws aim for dispute resolution and transparency

November 3, 2015

Condo conflicts and HOA hostilities can often result in lawsuits and sometimes incredulous headlines. Lawyers have seen disputes arise over everything from where bikes can be stored to whether a condo owner could install hardwood floors.

Porter and Lake counties welcome Indiana justices

November 2, 2015

The 1,100 seat auditorium at Portage High School was nearly full Oct. 30 as students from 10 schools along with members of the legal community attended the Indiana Supreme Court’s oral arguments.

Legislative panel endorses denying rapists parental rights

November 2, 2015

Some Indiana legislators are backing a change in state law aimed at denying parental rights to rapists if the assault results in a pregnancy.

Lower court ruling stands in S&P ratings case

November 2, 2015

The Supreme Court of the United States won't hear an appeal from shareholders who claim the Standard & Poor's ratings firm made false statements about its ratings of risky mortgage investments that helped trigger the financial crisis.

Opinions Nov. 2, 2015

November 2, 2015

Indiana Court of Appeals
Chris Harkins v. State of Indiana (mem. dec.)
15A01-1412-CR-553
Criminal. Affirms conviction of five counts of Class C felony forgery, two counts each of Class D felony identity deception and credit card fraud, Class A misdemeanor deception, and a jury’s adjudication of Harkins as a habitual offender. The trial court did not err in denying Harkins’ motions for severance, continuance and to exclude evidence. The convictions did not violate the prohibition against double jeopardy. 

Supreme Court takes up property tax refund dispute

November 2, 2015

Whether the owners of an industrial property who were in default on a mortgage are entitled to a property tax refund is a question the Indiana Supreme Court will decide.

SCOTUS won’t accept appeal in anti-gay defamation verdict

November 2, 2015

The  Supreme Court of the United States Monday rejected an appeal from a former lawyer for the state of Michigan who lost a defamation lawsuit filed by a gay student at the University of Michigan.

High court won’t hear appeal over use of Bob Marley’s image

November 2, 2015

The Supreme Court of the United States Monday rejected an appeal from clothing companies that claim they have legal rights to sell shirts with the image of reggae icon Bob Marley.

FanDuel sued by former Colt over use of name, image

November 2, 2015

Fantasy-sports gaming site FanDuel Inc. has been sued by former Indianapolis Colts receiver Pierre Garcon over the use of his name and image, which he claims was done without his permission.

Grand jury investigating Louisville basketball sex scandal

November 2, 2015

IBJ Book Publishing officials have been subpoenaed to testify before a grand jury investigating allegations that a University of Louisville men's basketball program official hired strippers and prostitutes to entertain players and recruits, company officials confirmed Friday.

Tax Court affirms rulings for Verizon in contested assessments

November 2, 2015

State tax authorities who couldn’t convince administrative boards to uphold a tripling of assessed valuation on Verizon facilities in Allen County had no better luck Friday before the Indiana Tax Court.

Settlement payments were income, COA rules

October 30, 2015

A father’s monthly annuity payments from a structured settlement agreement should have been counted as income when calculating his child support obligation, the Indiana Court of Appeals has ruled.

Indiana gets $1.36M in Stericycle whistleblower suit settlement

October 30, 2015

Indiana has received $1.36 million in the settlement of a lawsuit alleging an Illinois company overcharged governments for disposal of medical waste.

Opinions Oct. 30, 2015

October 30, 2015

Indiana Court of Appeals
Brooks Berg v. State of Indiana
32A01-1504-CR-127
Criminal. Affirms convictions of Class D felony operating while intoxicated and Class B misdemeanor reckless driving. Berg argued the state violated his double jeopardy rights under Richardson v. State, 717 N.E.2d 32 (Ind. 1999), when it used the evidence it had presented to the jury to support the reckless-driving charge to demonstrate the endangerment element of the operating-while-intoxicated charge. The state conceded the argument, but the court rejected the reasoning as a misunderstanding of Richardson, because one offense required intoxication and the other required the act of reckless driving.

Panhandling laws face challenge after church signs ruling

October 30, 2015

Cities trying to limit panhandling in downtowns and tourist areas are facing a new legal hurdle because of a recent Supreme Court of the United States ruling that seemingly has nothing to do with asking for money.

Immigrants caught at border believe families can stay in US

October 30, 2015

Nearly a year after the Obama administration launched a massive public relations campaign to dispel rumors of a free pass for immigrant families crossing the border illegally, internal intelligence files from the Homeland Security Department suggest that effort is failing.

COA affirms convictions state conceded as double jeopardy

October 30, 2015

State attorneys who agreed with a defendant’s argument that his felony drunken-driving and misdemeanor reckless driving convictions violated double-jeopardy protections were wrong, the Indiana Court of Appeals ruled Friday, affirming both convictions.

West Virginia prosecutor suspended after pulling gun on fake spiders

October 30, 2015

An assistant prosecutor in Logan, West Virginia, has been suspended after pulling a gun and threatening to shoot fake spiders scattered around the office as Halloween decorations.

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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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