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COA: Plaintiff class in FSSA suit too broad

January 1, 2009

The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.

ACLU sues State Board of Law Examiners

January 1, 2009

The ACLU of Indiana has filed a lawsuit against the members of the Indiana State Board of Law Examiners, alleging the state's bar examination application violates the Americans with Disabilities Act.

Single larceny rule doesn’t apply in case

January 1, 2009

The Indiana Court of Appeals affirmed the denial of a man's petition for post-conviction relief, finding the defendant's trial counsel wasn't ineffective for arguing a single larceny rule defense because it wasn't applicable in this case.

Supreme Court grants 3 transfers

January 1, 2009

The Indiana Supreme Court granted transfer this week to three cases, including a first impression case involving whether someone who has drugs within 1,000 feet of a youth program center run in a church can have their conviction enhanced.

Lawyer failed to deny note execution under oath

January 1, 2009

Because an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court of Appeals ruled today.

President picks prosecutor for Northern District

January 1, 2009

The veteran federal prosecutor who’s filled in three times as interim chief has been chosen for the permanent role as U.S. Attorney for the Northern District of Indiana, the White House announced this morning. David Capp, who’s been a federal prosecutor for 24 years, has been the acting U.S. Attorney in the Northern District since July 2007, filling the spot after Joseph Van Bokkelen’s confirmation to the District Court. Democratic Sen. Evan Bayh nominated Capp for the job from several…

High court grants 6 transfers

January 1, 2009

The Indiana Supreme Court granted transfer to six cases April 9, including one involving an election dispute for the mayor of Terre Haute, termination of parental rights cases, and a case involving an injury on school property.

COA to hear arguments at school

January 1, 2009

The Indiana Court of Appeals travels to Oxford Tuesday to hear arguments in a drug case.

Cinergy trial ends with split verdict

January 1, 2009

A federal jury returned a verdict that a major energy company violated clean-air rules at a coal-fired power plant along the Ohio River in southeast Indiana.

Judges: Court should have questioned jurors

January 1, 2009

Judges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.

COA split on which statute of limitation applies

January 1, 2009

The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.

Statute doesn’t authorize dismissal of charges

January 1, 2009

Even if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges as the defendant argues.

Court upholds injunction in easement case

January 1, 2009

The Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts, and other objects were placed along a disputed easement area to prevent people from driving along it.

Second Cinergy trial starts in Indy

January 1, 2009

A second clean-air violation trial is underway in Indianapolis about whether coal-fired power plant modifications triggered a need for new pollution-control equipment at facilities in Indiana and Ohio.

No error in sanctions against state

January 1, 2009

A trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's discovery violations, the Indiana Court of Appeals concluded today.

Township assessor loses appeal

January 1, 2009

The Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted a bill that eliminated her office and transferred her duties to the county assessor.

Judge holds public hearings on foreclosure rule

January 1, 2009

Marion Superior Judge Cynthia Ayers is holding public hearings today and Thursday regarding the proposed local rule, 49-TR85-231, which would require mandatory mediation for mortgage foreclosure cases in Marion County.

Foreclosure programs aimed at judges, lawyers

January 1, 2009

The Indiana Supreme Court announced today it's partnering with Indiana Legal Services Inc. and the Legal Aid Society of Southwest Ohio to sponsor training for attorneys, judges, and mediators about how to help families facing foreclosure.

BREAKING: U.S. Senate committee OKs judicial nomination

January 1, 2009

The Senate Judiciary Committee has just voted in favor of U.S. District Judge David F. Hamilton's nomination to the 7th Circuit Court of Appeals.

Hoosiers see holiday activity on nominations

January 1, 2009

Indiana’s legal community got a mixed bag of gifts on Christmas Eve, as one former Hoosier attorney received Senate confirmation for an ambassadorship, a federal prosecutor in Hammond learned he might be promoted, and a Bloomington law professor got what amounts to a lump of coal as senators declined to act on her nearly year-old nomination.The flurry of activity started late Dec. 23 and carried over into Christmas Eve, with Sen. Evan Bayh announcing first that David Capp would be the…

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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