Gary Mayor reminds MCBA of history, pushes action
Gary mayor Karen Freeman-Wilson implored members of the Marion County Bar Association to speak up because the gains made by previous generations of African-Americans are being rolled back.
Northern Indiana
Articles
Appeals court cites apparent authority to affirm auction sale
The sale of Noble County lake and farm property at auction is valid even though some siblings in a family limited liability corporation objected because reserve prices hadn’t been met, the Indiana Court of Appeals ruled in affirming the trial court.
Police officer’s suit alleging retaliation for political comment survives
The 7th Circuit Court of Appeals has reversed summary judgment in favor of two Portage police officers and the city on a detective’s claim that he was transferred in retaliation for comments he made to a local newspaper following the mayoral primary election in 2007.
Specificity requirement does not extend to limitations of liability, 7th Circuit rules
The 7th Circuit Court of Appeals has ruled that a contract clause limiting liability stands because the two commercial entities that entered into the agreement were sophisticated and knowingly negotiated the terms.
Seeking an exclusion for innocent co-insured
A LaPorte County woman who lost her home to a fire allegedly started by her estranged husband is at the center of a legal dispute with her insurance company that could set precedent.
Spotlight: Change of venue case requires planning, preparation and packing
Moving a trial from one court to another can be cumbersome and brings with it logistical matters that have to be worked out so the lawyers can focus on presenting their case. Transporting office supplies, reserving hotel rooms, securing conference rooms and learning the demographics of the community before selecting the jury are among the tasks that have to be addressed.
Defendant entitled to resentencing under Fair Sentencing Act
The 7th Circuit Court of Appeals upheld a northern Indiana man’s convictions of distributing crack cocaine and conspiracy to distribute the drug, but found that he is entitled to resentencing under the Fair Sentencing Act of 2010.
Too few pro bono attorneys in Indiana rural communities
In response to the low numbers, the Indiana Bar Foundation is launching a legal assistance website to help low-income Hoosiers.
Court upholds judgment in favor of Cedar Lake
A fired employee’s claim that he had a constitutionally protected interest in his job with the Town of Cedar Lake and that he was entitled to due process before being fired failed on appeal.
Court split on man’s forgery conviction
The Indiana Court of Appeals was divided over whether a man who used another person’s Social Security number and a false identification should have been convicted of forgery under a 2005 amendment to the law.
Court affirms permit to build new wastewater treatment plant
The Indiana Department of Environmental Management’s decision to issue a permit to the city of Hobart to operate a new wastewater treatment plant was not arbitrary, capricious or otherwise contrary to law, the Indiana Court of Appeals ruled.
Proposed law school building at Indiana Tech approved
The Fort Wayne Board of Zoning Appeals has unanimously approved Indiana Tech’s plans to build a new law school on its campus in the northeastern Indiana city.
Appellate court reverses trial court in union labor dispute
The Indiana Court of Appeals has reversed a trial court that had determined an arbitrator exceeded his powers when he found in favor of a labor union.
Union sues over right-to-work law
A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.
7th Circuit dismisses South Bend’s appeal
The 7th Circuit Court of Appeals was presented a novel jurisdictional issue Tuesday: whether a municipal land use case can come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review.
COA holds volunteer caretaker not entitled to damages
The Indiana Court of Appeals has affirmed a trial court’s finding that a man was not entitled to damages for taking care of a blighted property.
Indiana Tech’s new law school will be on Ft. Wayne campus
Indiana Tech officials announced Tuesday that the school will build a 70,000-square-foot, $15 million facility on its main campus in Ft. Wayne to house its new law school.
Registration open for Allen County Bench/Bar Conference
The Allen County Bar Association will host its Bench/Bar Conference from 8:30 a.m. to 4:30 p.m. Feb. 3 at Grand Wayne Center, 120 W. Jefferson Blvd., Fort Wayne.
COA: trial courts can limit administrative review
State law allows a trial court to decline to hold a jury trial and limit its review of a local municipality’s administrative decision, according to the Indiana Court of Appeals.
COA upholds attorney’s 11-year sentence
The Roanoke attorney who stole more than $200,000 from his clients will not have his sentence reduced, the Indiana Court of Appeals decided Wednesday.