Searches without suspicion are not unconstitutional, COA affirms
A one-month-old decision by the Indiana Supreme Court upended a probationer’s argument that the search of his nightstand was unconstitutional.
Marilyn Odendahl
Articles
Tardy defendant gets a do-over from the COA
A homeowner who arrived at the courthouse nine minutes after a judgment was entered against him will still get to have his day in court.
COA finds lease payments are part of Trust
Siblings trading motions over their deceased father’s estate got multiple denials from the trial court.
Indiana law applies to truck fatality, COA rules
A family’s attempt to apply Illinois law in an Indiana traffic fatality failed to overcome state court precedent, which has established that laws of the state where an accident happened govern the conduct of the parties.
Court rules litigants are responsible for lawyers ‘asleep on the job’
Although the 7th Circuit Court of Appeals agreed the party of investors did have a “poor lawyer,” the panel declined to overturn the nearly $450,000 judgment against them, saying “legal bungling … does not justify reopening a judgment.”
Indiana attorney general asserts state laws in national data breach debate
Warning that a national data breach law would “make consumers less protected,” Indiana Attorney General Greg Zoeller has joined 46 other state and territorial attorneys general in asking Congress to preserve states’ ability to respond to cyber theft.
Law firm mergers and acquisitions hit record in first half of 2015
In another active year of law firm mergers and acquisitions, Indiana attorneys’ offices are, so far, remaining on the sidelines.
Despite rebuke, Court of Appeals tosses default judgment
A defendant who consistently failed to appear for scheduled hearings in small claims court gained a reprieve, but with an admonishment, from the Indiana Court of Appeals.
Convenience stores win one, lose one in property assessment battle
In a pair of decisions, the Indiana Tax Court has upheld two rulings that found different valuations for the same property.
7th Circuit rejects second challenge at ACA contraception mandate
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
Notebook found in car falls under Fourth Amendment exception
A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled.
Unambiguous contract means lower commission for employee
The 7th Circuit Court of Appeals tossed a jury’s award of $1.5 million, finding the terms of the employee’s incentive plan were unambiguous and the trial was unnecessary.
COA upholds attorney’s criminal trespass conviction
An attorney’s attempt to overturn his criminal trespass conviction by arguing the state statute is unconstitutional as applied to leased property was rejected by the Indiana Court of Appeals as failing to convince even a “person of ordinary intelligence."
Privilege defense splits Court of Appeals
A split Indiana Court of Appeals found the privilege granted to store owners and employees in making claims to police does have limits.
Homeowners meet criteria for adverse possession of disputed property
A church that challenged those who, it believed, trespassed failed to convince the Indiana Supreme Court that a disputed strip of land was actually part of its property.
Evolving science helps link defendants to crime
St. Joseph County obtained its first conviction using DNA evidence in 1992.
MDL panel picks California for Anthem lawsuits
Indianapolis law firms that filed suit against the insurance giant after massive cyberbreach are surprised cases won’t be tried in Indiana
Open House: Incorporating culture into design
The Indianapolis office of Quarles & Brady LLP is designed and decorated according to the idea that the most important conversations can happen outside the conference rooms and attorney offices.
Project targets elderly in high-conflict families
Steuben County is a test site for a new eldercaring coordination program.
Legislative and judicial history settles feud over estate
Sisters arguing over the family estate failed to provide the court with “clear and convincing evidence” that their father’s intentions were different from his actions.