Lawyer reprimanded for enforcing associate’s separation agreement
A Clark County attorney was reprimanded Tuesday by the Indiana Supreme Court over terms of a separation agreement he enforced against an associate who left the firm.
Dave Stafford
Articles
COA affirms dropped charges for ex-IURC chief Hardy
Because David Lott Hardy, former chairman of the Indiana Utility Regulatory Commission, broke no laws, a trial court didn’t abuse its discretion in dismissing felony official misconduct charges against him, the Indiana Court of Appeals held Tuesday.
Suspended lawyer warned against ‘frivolous’ pleadings
A federal judge has warned a suspended attorney to stop filing frivolous motions in an unsuccessful suit alleging police misconduct against the city of Gary and other defendants.
Defender’s trial strategy trumps inmate’s pro se early-trial request
A prison inmate who asked for a public defender then said at an initial hearing he wanted to “file for fast and speedy trial too” lost his appeal that argued the court erred by not ruling on his request and his trial counsel was ineffective.
Government drops Conour sentence appeal
The U.S. attorney’s office will no longer seek a longer prison sentence for convicted legal fraudster William Conour, according to documents filed recently in the 7th Circuit Court of Appeals. Conour’s appeal will move forward.
Grandparents lose adoption appeal in first-impression case
Grandparents who filed late motions challenging a stepfather’s adoption of a 6-year-old are not entitled to relief based on their argument they didn’t receive legal notice, the Indiana Court of Appeals ruled Tuesday in a family law case raising two issues of first impression.
Mediation by monitor
The rise of online dispute resolution is seen as both a challenge and an opportunity for alternative dispute resolution.
Court video project exposes problems
The Supreme Court wanted feedback on a pilot project using an audio-video record as the official appellate transcript in three Indiana courts. Lawyers at a recent discussion on the topic appear to favor pulling the plug.
Reversal: Neighbors may intervene in environmental cleanup case
Businesses neighboring an Indianapolis industrial property that was forced to clean up hazardous chemicals were improperly shut out of litigation involving the city and state, the Indiana Court of Appeals ruled Monday.
Utica school preservationists win reversal, get day in court
Clark County residents who sued township officials over how a former school in the Ohio River community of Utica was being used will get to plead their case, the Indiana Court of Appeals ruled Monday, reversing a trial court order for the township.
Indy club must pay BMI for DJ’s tunes
A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.
Justices grant transfer in 2 wrongful death cases
The Indiana Supreme Court will consider whether attorney fees awarded as damages in wrongful death cases from the Indiana Patients Compensation Fund are subject to a 15 percent cap of the total reward. It’s one of two appeals justices accepted last week, both involving wrongful death cases.
Attorney sues hundreds over use of city skyline picture
They say a picture is worth a thousand words. Attorney Richard Bell says his picture of the Indianapolis skyline is worth $1,500 or so if you’ve posted it on your website without first paying him to license it.
Former IURC chair’s appeal raises questions on official misconduct law
Did a former state utility regulator’s behavior that got him fired rise to official misconduct if he committed no crime? An Indiana Court of Appeals panel grappled with that question, as well as which version of the law applies, during oral arguments March 31.
Law firms fight ‘onerous’ proposed tax change
Lawyers representing Indiana’s legal profession are heading to Washington, D.C., with a message for their congressional delegations – kill a proposal that would change the way many law firms report income-tax obligations.
New portable alcohol monitoring device gains favor in community corrections
Offenders ordered to forgo alcohol in order to stay out of prison now have a powerful incentive to stay sober – they hold the key to their freedom in their hands.
Bipolar defense fails in wire fraud, tax evasion appeal
A woman sentenced to five years in prison after she pleaded guilty to charges of wire fraud and tax evasion for swindling an elderly couple failed to persuade the 7th Circuit Court of Appeals to revise her sentence.
Judgment for investment advisor upheld as breach, wage claim
Rulings in favor of an investment adviser who claimed breach of contract and violation of the Wage Claims Act were affirmed Monday by the Indiana Court of Appeals, as was his request for appellate attorney fees.
Man who sped through construction zone loses appeal
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
Mom’s one-time meth use does not support CHINS case
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.