Articles

Wabash alumnus calls for reasoned and thoughtful political speech

While the supporters of the Citizens United decision claim greater spending can energize the public to participate in the political process, First Amendment attorney David Kendall maintains the result has actually been less-thoughtful political speech and an influx of Congressional members who are more concerned with fundraising than setting policy.

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Opinions Oct. 24, 2014

Indiana Court of Appeals
219 Kenwood Holdings, LLC v. Properties 2006, LLC
45A03-1401-MI-49
Miscellaneous. Affirms finding that Properties 2006 LLC substantially complied with the requirements of I.C. 6-1.1-25-4.5(e), which requires the purchaser of property sold at a tax sale to notify the owner of record of, among other things, the purchaser’s intent to petition for a tax deed on or after a specified date.

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Simon CEO’s bonus reversal still triggers investor suit

Seeking to avoid investor litigation, Simon Property Group Inc. earlier this year eliminated a $120 million stock award to Chief Executive Officer David Simon in favor of a performance-based bonus. Now the company and its directors have been sued anyway.

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Opinions Oct. 23, 2014 ILD

Indiana Court of Appeals
Gabina Hernandez v. State of Indiana (NFP)
20A03-1403-CR-78
Criminal. Affirms convictions of Class A misdemeanors conversion and contributing to the delinquency of a minor.

Jassel Lopez v. State of Indiana (NFP)
49A02-1403-CR-183
Criminal. Affirms six-year sentence following guilty plea to Class B felony attempted robbery.

In the Matter of the Commitment of S.D. v. Adult & Child Mental Health Center, Inc. (NFP)
49A02-1403-MH-157
Mental health. Affirms order of involuntary civil commitment.

William Ballentine v. State of Indiana (NFP)
20A03-1402-CR-84
Criminal. Affirms convictions and six-year sentence for Class C felony possession of cocaine and Class A misdemeanor possession of marijuana.

Sebastian Chapman v. Corizon, LLC (NFP)
52A02-1406-CT-420
Civil tort. Affirms dismissal of complaint against Corizon LLC for failure to state a claim upon which relief can be granted.

Jonathan Gray v. State of Indiana (NFP)

89A01-1309-CR-443
Criminal. Affirms convictions of felony murder, Class A felony conspiracy to commit robbery resulting in serious bodily injury and Class B felony conspiracy to commit robbery while armed with a deadly weapon.

In Re Paternity of M.M.: A.D. v. J.M. (NFP)
32A01-1402-JP-97
Juvenile. Affirms denial of A.D.’s emergency motion to modify custody.

Toby D. Pope v. City of Lawrenceburg (NFP)
15A01-1403-CC-102
Civil collection. Affirms summary judgment in favor of the city of Lawrenceburg on the basis of unjust enrichment. Judge Paul Mathias concurs in part and dissents in part, arguing the majority’s application of the doctrine of unjust enrichment, sua sponte, to affirm the judgment is improper.

Freeman Peoples v. State of Indiana (NFP)

48A02-1403-CR-214
Criminal. Affirms revocation of probation and order Peoples serve a portion of his previously suspended sentence.

Lowell Guy Cain, Jr v. State of Indiana (NFP)

18A02-1403-CR-149
Criminal. Affirms conviction of Class D felony domestic battery.
 

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Judge questions $75M NCAA concussion settlement

A federal judge overseeing a first-of-its-kind head injury settlement with the NCAA expressed concerns Thursday about some terms and the scope of the $75 million deal that encompasses all athletes going back decades.

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Legislative committee recommends making annexations more difficult

The legislative committee examining Indiana’s annexation laws underscored how complex and difficult the issue is when committee members looked at the laws Wednesday. The members took a third of the time allotted for the meeting to decide that a remonstrance should succeed if a simple majority of property owners oppose a municipality’s effort to incorporate their land.

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