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Indiana

The Indiana Law Blog

Focus is on Indiana law, and on interesting developments in law, government, and more (not just in Indiana).

Post Frequency: 106.6/day

Last Entry: April 01, 2011 at 13:29:28

Ind. Courts - Commission on Courts discussion of judicial mandates

Posted on September 05, 2008
In this ILB entry from August 29th, I wrote that I had attended the August 28th meeting of the Commission on Courts and that shortly I would be reporting on the discussion of judicial mandates that at taken place...

Courts - More on: In question of first impression in the circuits, 8th Circuit holds "Attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies under the Bankruptcy Code"

Posted on September 05, 2008
Updating this ILB entry from yesterday, reporting on the 8th Circuit decision in the case of In Milavetz, Gallop & Milavetz, P.A. v. U.S., Brent Kendall of the Wall Street Journal reports today under the headline "Court Finds Violation In...

Ind. Decisions - "Judge rules for $4.5 million settlement"

Posted on September 05, 2008
As reported by the Indianapolis Star in January, Larry Mayes spent 19 years in prison for a rape in Hammond before DNA evidence exonerated him. He was awarded $9 million by a jury in 2006. That verdict has been on...

Ind. Law - Still more on: "Allen County bill may effectively limit abortion"

Posted on September 05, 2008
Updating this ILB entry from yesterday, quoting an Evansville Courier & Press editorial, the Fort Wayne Journal Gazette today has its own editorial. Some quotes:The Allen County commissioners want to introduce a county ordinance today that will require doctors providing...

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Courts - "If a Scratch-Off Is a Rip-Off, Litigation May Be the Prize"

Posted on September 05, 2008
This sounds familiar, as it also has recently been an issue in Indiana. Tresa Baldas of The National Law Journal reports today in a story that begins:If your scratch-off is a rip-off, prepare to pay up. Disgruntled lottery and sweepstakes...

Ind. Decisions - Court grants transfer in 2 cases

Posted on September 05, 2008
The formal transfer list should follow later today, but the ILB has received advance notice of two cases granted at the Court's conference yesterday, Sept. 4th: In the Matter of R.J.G., issued by the COA 5/29/08, and summarized in this...

Ind. Decisions - Supreme Court issues disciplinary opinion re legal advertisements

Posted on September 04, 2008
From In the Matter of Scott A. Benkie/In the Matter of Douglas A. Crawford, a 5-page Per Curiam opinionThis matter is before the Court on the report of the hearing officer appointed by this Court to hear evidence on...

Law - "Big corporations touting the use of minority- and women-owned law firms"

Posted on September 04, 2008
Lynne Marek of The National Law Journal reported Wednesday on big corporations touting the use of minority- and women-owned law firms. The article begins:E.I. Du Pont de Nemours & Co. is once again pushing corporate America to use minority- and...

Ind. Courts - "LaPorte County re-entry court judged positive"

Posted on September 04, 2008
From a story by Laurie Wink in the Michigan City News-Dispatch:After five months in operation, the re-entry court established by Superior Court 1 Judge Kathleen Lang is getting a positive response from both returning felons and community support agencies...

Ind. Decisions - Two Indiana decisions today from the 7th Circuit

Posted on September 04, 2008
In Griffin and Griffin v. Robert K. Foley, MD (SD Ind., Judge Young), a 30-page opinion, Judge Manion writes:As a result of a car accident, Lisa Griffin had to undergo back surgery, which Dr. Robert Foley performed. After complications...

Environment - More on: John Graham to lead IU SPEA

Posted on September 04, 2008
Updating this ILB entry from April 17, 2008, which quoted the IU announcement of Graham's appointment to head SPEA, the Bloomington Herald-Time's reporter, Nicole Brooks, has this interview ($$) today. Some quotes:John Graham comes to Indiana University?s School of Public...

Courts - In question of first impression in the circuits, 8th Circuit holds "Attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies under the Bankruptcy Code"

Posted on September 04, 2008
In Milavetz, Gallop & Milavetz, P.A. v. U.S., a 24-page opinion, the Court of Appeals for the 8th Circuit holds on p. 18:In sum, attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies under the Bankruptcy Code,...

Ind. Decisions - Court of Appeals issues 0 today (and 4 NFP)

Posted on September 04, 2008
For publication opinions today (0): NFP civil opinions today (1): In James T. Ferguson, et al. v. Charles D. Chandler, et al. (NFP), a 20-page opinion ("This appeal is the third time we have addressed this litigation."), Judge Robb concludes:The...

Environment - "Court Tells EPA to Guarantee Kentucky Rules Do Not Allow Significant New Pollution in State?s Waterways"

Posted on September 04, 2008
From a NKY Sierra Club press release:Louisville, KY ? Today, the U.S. Court of Appeals for the Sixth Circuit issued its opinion in the case of Kentucky Waterways Alliance v. Johnson, reversing and remanding in part Environmental Protection Agency's approval...

Ind. Law - More on: "Allen County bill may effectively limit abortion"

Posted on September 04, 2008
Updating this ILB entry from yesterday, Sept. 3, the Evansville Courier & Press today editorializes:The abortion ordinance issue that erupted in Vanderburgh County last month is about to be tested in Fort Wayne, Ind., but with three significant differences...

Ind. Courts - "St. Joseph County prosecutor's budget targeted"

Posted on September 04, 2008
Nancy Sulok reports today in the South Bend Tribune:County officials aimed their budget ax at the prosecutor's office Wednesday night, and there was no mincing of words. * * * The occasion was the first of several planned sessions designed...

Ind. Law - "Police to go after unlicensed scooters"

Posted on September 04, 2008
Confusion continues. Today Amanda Iacone of the Fort Wayne Journal Gazette. reports on motor scooters. They require a a title, registration and license plate, according to the BMV, because: "Scooters are designed to go faster than 25 mph and therefore...

Ind. Decisions - Two Indiana decisions today from the 7th Circuit, including one from Circuit Judge Tinder

Posted on September 03, 2008
In Wayne David v. Indiana State Police (SD Ind. Judge McKinney), a 7-page opinion, Chief Judge Easterbrook writes:Wayne Davis, a State Trooper in Indiana, resigned when 42 years old to take another job. Two months later he decided that...

Ind. Law - Still more on: Indiana building codes, part of the Indiana Administrative Code, are not available online

Posted on September 03, 2008
Yesterday the ILB posted this entry about how a fellow named Carl Malamud was making available online the building codes for all 50 states, including the until-now-totally-unavailable International Building Codes which form about 95% of each state code...

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

Posted on September 03, 2008
For publication opinions today (1): In Harold McComb & Son, Inc. and American Renovation of IN, Inc. v. JP Morgan Chase Bank , a 17-page opinion, Judge Riley writes:Appellants-Mechanic?s Lienholders, Harold McComb & Son, Inc. (McComb) and American Renovations of...

Ind. Decisions - Supreme Court issues opinion on double jeopardy issue

Posted on September 03, 2008
In Roderick Lee v. State of Indiana, an 8-page, 5-0 opinion, Justice Beohm writes:Multiple convictions do not violate Indiana?s Double Jeopardy Clause if they logically could have been based on the same facts, but in light of the evidence, the...

Courts - "Lawyers difficult to obtain in immigration cases"

Posted on September 03, 2008
An interesting story yesterday in the LA Times, reported by Anna Gorman. Some quotes:Unlike defendants in criminal courts, individuals in immigration court do not have the right to free representation. Though there are no local statistics on the number of...

Ind. Gov't. - "The golden age of Lake County government printing contracts might soon be over"

Posted on September 03, 2008
The ILB has had a number of items on Lake County printing contracts. "Councilman pushes for no-frills printing contract" is the headline to a story today in the NWI Times by Bill Dolan:CROWN POINT | The golden age of Lake...

Ind. Courts - "New judge sought in Valpo hospital lawsuit"

Posted on September 03, 2008
Bob Kasarda reports today in the NWI Times:VALPARAISO | Landowners seeking to block the construction of a new Porter hospital at Ind. 49 and U.S. 6 have asked Porter County Circuit Court Judge Mary Harper to turn the lawsuit over...

Environment - "Delay of megadairy permits, closure of Brownsville store have commissioners meeting with county attorney today"

Posted on September 03, 2008
Pam Tharp, whose stories appear in the Muncie Star-Press and the Richmond Palladium-Item, reports today in a story that begins:LIBERTY, Ind. -- Decisions about the next step for a livestock zoning ordinance won't be made until after the Union County....

Ind. Law - "Allen County bill may effectively limit abortion"

Posted on September 03, 2008
Recall the controversy last month, recorded in these ILB entries under the heading "Vanderburgh commissioners pass abortion regulations." Part of that controversy arose because the Vanderburgh commissioners passed the ordinance without effective public notice or input...

Ind. Gov't. - New coalition pushing for changes in local government

Posted on September 03, 2008
Mike Smith of the AP writes today:Efforts to streamline local government, largely tabled this year as legislators grappled with property-tax issues, could gain momentum under a new coalition that is pushing for changes in a system described as cumbersome and...

Ind. Decisions - Replacement transfer list for week ending August 29, 2008

Posted on September 02, 2008
Here is the just issued replacement transfer list for the week ending Aug. 29, 2008. It is 5-pages long. The grants are the same as listed in last Friday's updated ILB entry - there are 7 grants in all, all...

Ind. Decisions - 7th Circuit posts two additional Indiana decisions today

Posted on September 02, 2008
In Michael F. Jackson v. Officer Kotter, et al (SD Ind., Judge Tinder), a 26-page opinion, Judge Kanne writes:After suffering back injuries on two occasions while incarcerated at the United States Penitentiary in Terre Haute, Indiana, Michael Jackson brought...

Ind. Law - More on: Indiana building codes, part of the Indiana Administrative Code, are not available online [Updated]

Posted on September 02, 2008
This is big! Recall this ILB entry, from August 7th, complaining that the Indiana building codes were not available online? That Indiana and many other states simply incorporated by reference codes put out by the International Code Council, a private...

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