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Limited licensing programs gain traction in the legal community

The idea of non-lawyers practicing law sparks howls of protest from attorneys but with a handful of state seriously considering the proposition and a national committee recommending the concept, the push toward limited licenses is gaining momentum.

Filings continue to drop, as does funding for Indiana courts

A sharp decline in infraction and ordinance-violation cases is among factors that resulted in courts around the state collecting considerably less revenue, according to data released in the annual Judicial Service Reports.

Kokomo lawyer skips town, leaving ‘mess’ behind

A Kokomo lawyer’s sudden abandonment of his law practice has left the local legal community scrambling to clean up a mess involving scores of ripped-off clients, some of whom learned of their attorney’s disappearance when they showed up for court dates and he didn’t.

AG announces largest-ever health care fraud settlement

Indiana will receive its largest-ever health care fraud settlement as part of a $2.2 billion agreement with Johnson & Johnson for illegal off-label marketing and kickbacks to promote Risperdal, Invega and other drugs, according to a statement from Indiana Attorney General Greg Zoeller.

Opinions Nov. 4, 2013

7th Circuit Court of Appeals
Christian Serino v. Alec Hensley and City of Oakland City, Indiana
13-1058
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Affirms dismissal of Serino’s lawsuit for federal claims of false arrest and malicious prosecution and Indiana tort claims for false arrest, malicious prosecution and intentional infliction of emotional distress. Serino’s claims are time-barred; his federal malicious prosecution claim failed to state a constitutional violation independent of his time-barred false arrest claim, and his state law claims for malicious prosecution and IIED were barred by the defendants’ immunity under the Indiana Tort Claims Act.

Rehearing on double-jeopardy appeal leads to same conclusion

An Indiana Court of Appeals panel was unmoved by a recent Indiana Supreme Court decision, and the appellate panel reaffirmed that a charge of sexual misconduct with a minor should not be dismissed against a defendant acquitted of rape based on the same incident.

Former university soccer coach’s lawsuit after charges dropped fails

The 7th Circuit Court of Appeals agreed with the lower court Monday that a lawsuit brought by a former soccer coach at Oakland City University against an arresting officer should be dismissed for being time-barred. Christian Serino alleged his constitutional rights were violated and multiple state-law torts were committed after trespass and resisting law enforcement charges against him were dropped.

Retailer properly terminated lease, COA rules in reversal

A retail chain that closed an underperforming store in a Hendricks County shopping center had a contractual right to do so under its lease, the Indiana Court of Appeals held in reversing a judgment in favor of the plaza owner.

Judge facing discipline refused to take deposition oath

Marion Superior Judge Kimberly Brown refused to be sworn during a deposition before the Judicial Qualifications Commission – a videotaped moment of defiance used against her Monday at the outset of her weeklong disciplinary case.

Judge sentences attorney Page to probation, fine

Attorney and real estate developer Paul J. Page will serve two years of probation and pay a $10,000 fine for concealing the source of a $362,000 down payment on his purchase of a state-leased office building in Elkhart.

Opinions Nov. 1, 2013 ILD

The Indiana Supreme Court and Court of Appeals issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.

Opinions Nov. 1, 2013

Tax Court
Virginia Garwood v. Indiana Dept. of State Revenue.
82T10-1208-TA-46
Denies state motion to dismiss Garwood’s claim that she is entitled to a refund of $122,684, the value of animals and property seized from an alleged ‘puppy mill’ through the use of jeopardy tax warrants that were voided by prior court rulings. The court ruled it has jurisdiction because the matter arises under tax law and that Garwood properly filed claims with the Department of State Revenue that led to the litigation.