Articles

COA affirms award of fees, dismissal of stepmom’s visitation suit

No reasonable attorney would have considered a stepmother’s visitation petition filed in a court other than that of the mother and father’s custody case to be justified or worthy of litigation, according to the Indiana Court of Appeals. The court affirmed dismissal of the case and an award of attorney fees to the mother.

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DOC wardship of juvenile delinquent affirmed

A 17-year-old adjudicated as a juvenile delinquent has failed to convince the Indiana Court of Appeals to overturn the Indiana Department of Correction’s wardship over him after failing to prove the case’s disposition constituted fundamental error. But the COA also urged courts to consider allowing juveniles to speak in such cases.

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Justices to suspended attorney: Pay fine or face prison

The Indiana Supreme Court has ordered a Kokomo attorney who is already suspended to pay a fine or face a 15-day prison sentence after he was found in contempt for practicing law while suspended. The court said the lawyer twice contacted opposing counsel who responded by noting his suspension.

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US Supreme Court may see Lake Michigan beach ownership case

A years-long dispute over the ownership of Lake Michigan’s shoreline may be headed to the U.S. Supreme Court. Justice Elena Kagan last week approved a request from Bobbie and Don Gunderson’s attorneys to extend the deadline for seeking a U.S. Supreme Court review in their case to Oct. 5.

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Florida case against PACER fees set for May 2019 trial

A Florida attorney, tired of being charged by PACER for accessing court opinions, has been given a trial date and is asking the district court to reconsider the denial of his attempt to bring in more plaintiffs. A Florida judge will hear the case in May. 

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Settlement reached in Indiana Title VII case that started judicial shift

Kimberly Hively, the adjunct math professor whose employment discrimination complaint changed Title VII law in the 7th Circuit, has settled with her former employer, Ivy Tech Community College. But the issue of whether the Civil Rights Act provision extends to sexual orientation continues to roil in other judicial districts and may yet be examined by the U.S. Supreme Court.

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SCOTUS tackles big docket, pace likely to persist

In reviewing the recently ended U.S. Supreme Court term that included several landmark cases and three reversals of precedent, retired 7th Circuit Court of Appeals Judge John Tinder finally had to quote baseball legend Yogi Berra as to what might happen in the 2018 term.

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New COA judge Tavitas brings varied experience to appellate bench

Newly-minted Indiana Court of Appeals Judge Elizabeth Tavitas has done a little bit of everything throughout her legal career. She’s been a prosecutor, a public defender, a private practitioner, a referee, a trial court judge and now, a judge on the state’s second-highest court.

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Manafort’s ‘right-hand man’ Gates to testify in fraud trial

The most critical moment in the financial fraud trial of former Trump campaign chairman Paul Manafort will likely arrive this week with the testimony of his “right-hand man” — the person defense attorneys blame for any crimes. Rick Gates has been a key cooperator for special counsel Robert Mueller’s team after he cut a plea deal earlier this year.

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Judge who heard Nassar case won’t disqualify herself

A Michigan judge who held an extraordinary hearing before sentencing sports doctor Larry Nassar to prison for sexually assaulting female athletes refused to disqualify herself from the case Friday if higher courts send it back to fix any errors. Ingham County Judge Rosemarie Aquilina said some of her courtroom comments about Nassar were “perhaps inartful,” but she denied any bias.

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