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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. Decisions - Court of Appeals issues 0 today (and 3 NFP)

Posted on February 12, 2008
For publication opinions today (0): NFP civil opinions today (2): Invol.Term. of Parent/Child Rel. of B.P., and C.P. v. Lake Co. Dept. of Child Svc. and Lake Co. CASA (NFP) - "Christine P. (?Mother?) appeals the involuntary termination of her...

Environment - Effectiveness of LaPorte County ordinance regulating outdoor wood boilers

Posted on February 12, 2008
The ILB has posted a large number of entries on the possible regulation of outdoor wood-fired boilers or stoves used to heat homes. This entry from Nov. 24, 2007 gives some good background. Because IDEM and US EPA have both...

Ind. Courts - Clerk of the Court Kevin Smith writes to the ILB

Posted on February 12, 2008
The ILB has just received a lengthy email from Kevin S. Smith, Clerk of the Courts, making the following points (the ILB has added some emphases): (1) The Clerk writes re the ILB's Jan. 23rd entry: "The entry reported that,...

Ind. Decisions - ILB plays catch-up with last Thurs. and Fri. COA opinions

Posted on February 11, 2008
Here they are: The Thurs., Feb. 7, 2008 case summaries. The Fri., Feb. 8, 2008 case summaries....

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Ind. Courts - Proposed amendments to Court rules

Posted on February 11, 2008
Notice of Proposed Rule Amendments by the Indiana Supreme Court Committee on Rules of Practice and Procedure for Public Comment - See this Court posting to review the details of the large number of proposals. Included is the above is...

Ind. Courts - "Delaware Circuit Court 3 Judge Robert Barnet Jr. has decided to call it a career"

Posted on February 11, 2008
Douglas Walker reports today in the Muncie Star-Press:After spending nearly half his life on the bench, Delaware Circuit Court 3 Judge Robert Barnet Jr. has decided to call it a career. Barnet, 61, won't be a candidate for a sixth...

Not law - Local blogger makes good, "the Bilerico Project started locally, but now is a national voice for the gay community"

Posted on February 11, 2008
Erika Smith reports today in the Indianapolis Star in a story that begins:Bil Browning is the kind of guy who has a hard time finding motivation to keep a journal. Now, he writes all day for his blog, The Bilerico...

Ind. Law - "March 1, physicians in Indiana will see a 19.1 percent decrease in annual surcharges paid into the Patient?s Compensation Fund"

Posted on February 11, 2008
Michael Schroeder reports today in the Fort Wayne Journal Gazette in a story that begins:Health care costs continue to climb, but Indiana doctors are getting a break on payments to a state fund that covers the lion?s share of costs...

Ind. Decisions - Upcoming oral arguments this week

Posted on February 11, 2008
This week's oral arguments before the Supreme Court: None scheduled. This week's oral arguments before the Court of Appeals that will be webcast: This Thursday, Feb. 14th: 2:30 PM - Indiana State Police vs. Chad Arnold - The State of...

Courts - Two fascinating audio/video pieces

Posted on February 11, 2008
Two fascinating audio/video pieces, mentioned by Howard Bashman of How Appealing during the past week. First, if you don't have but a few minutes, listen to this NPR story, from the 2/8 All Things Considered, headed "W.Va. Judges Asked to...

Courts - "Whether large law firms that successfully represent clients on a pro bono basis are entitled to seek substantial legal fees from the defendant"

Posted on February 11, 2008
The ILB has posted several entries on an issue raised primarily by last year's SCOTUS decision in the Louisville and Seattle school districts voluntary desegregation cases. The pro bono attorneys for the parents who succeeded in the suits throwing out...

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

Posted on February 11, 2008
For publication opinions today (1): In an 11-page opinion in a case involving the question of whether the Indiana Utility Regulatory Commission can trump (or finesse) the requirement of approval by US EPA, Application of South Haven Sewer Works, Inc.,...

About this blog - More on: Announcement from the ILB editor

Posted on February 11, 2008
Updating this ILB entry from August 20, 2007, I have further news, and it seems pretty good. Although I have not issued updates on my status, several milestones have now been achieved. In mid-January 2008 the lengthy chemotherapy came to...

Environment - "EPA's mercury rule struck down" [Updated]

Posted on February 10, 2008
On Friday the Court of Appeals for the DC Circuit threw out the USEPA mercury rule. Here are some quotes from the story that ran in the Indianapolis Star:WASHINGTON -- A federal appeals court struck down an Environmental Protection Agency...

Ind. Decisions - More on: OK, where are these opinions?

Posted on February 10, 2008
On Jan. 23rd, the ILB posted an entry headed "OK, where are these opinions?" The entry reported that, although the Clerk of the Court's office had changed long-established practice and was no longer making paper copies of opinions available, causing....

Ind. Courts - Reports on bills of interest to the Judiciary that were discussed last week

Posted on February 10, 2008
ILast Friday, Feb. 8th, the Indiana Judicial Center posted its sixth installment of very useful reports for 2008 on bills of interest to the Judiciary. Access them here....

Ind. Law - Still more on: Uzelac's name ordered removed from May 8 primary ballot

Posted on February 10, 2008
Updating a long list of ILB entries on the question of whether a convicted felon may run for office in Indiana, Chas Reilly of the NWI Times reported Saturday:MERRILLVILLE | Former Town Councilman David Uzelac's appeal of a ruling that...

Ind. Law - Last Week in Review at the Indiana General Assembly

Posted on February 10, 2008
The Evansville Courier & Press' Bryan Corbin's review this Sunday of the past week in the General Assembly is headlined "Lawmakers weigh paper gambling games for bars." The story reports:Although property-tax relief is still the predominant issue in the Legislature,...

Ind. Decisions - "Former UE professor loses appeal"

Posted on February 09, 2008
Referencing the Jan. 29 NFP of the COA in the case of William M. Felsher v. University of Evansville, University of Evansville Press and Dr. George C. Klinger (see ILB entry here - 4th case), Mark Wilson reported Friday in...

Ind. Decisions - No transfer list for week of Feb. 8th, 2008

Posted on February 09, 2008
No transfer list was issued by the Supreme Court for the week ending February 8, 2008...

Environment - Even more on "Randolph County could zone 220,000 acres for CAFOs"

Posted on February 09, 2008
Updating this ILB entry from Jan. 8th, which quoted a report that:WINCHESTER -- After rejecting an ordinance that would restrict where industrial farms can be built in Randolph County, commissioners approved a moratorium Monday, halting the expansion of confined feeding...

Ind. Courts - More on "Judge admits he's target of criminal probe"

Posted on February 09, 2008
Updating this entry from yesterday, Nick Werner reports today in the Muncie Star-Press, in a long story under the headline "Judge says he was target of extortion attempt," that begins:MUNCIE -- Judge Wayne Lennington said Friday he believed an extortion...

Ind. Gov't. - See every governmental expenditure of over $100 online?

Posted on February 09, 2008
State contracts. When Gov. Daniels came into office, he said he would put state contracts online for everyone to see. And indeed he did, simply by issuing an executive order. Initially what was made available was a long, hard to...

Ind. Decisions - "The situation has become absurd enough that it might have been amusing if not for the judicial resources that have been required to resolve it"

Posted on February 09, 2008
Federal District Magistrate Judge, William T. Lawrence on Friday issued an interesting 8-page Entry Regarding Post-Trial Motions regarding costs in the case of Mark Custer v. Schumacher Racing Corp.. Here are the beginning and end of the ruling:This was...

Courts - Residential neighborhoods, church building projects, and the RLUIPA

Posted on February 09, 2008
"The Connecticut Supreme Court Reaches the Right Decision In a Case Under the Religious Land Use and Institutionalized Persons Act" is the title to an article published this week on FindLaw by Law Prof. Marci Hamilton, who has written frequently...

Ind. Courts - "Judge admits he's target of criminal probe"

Posted on February 08, 2008
Nick Werner reports today in the Muncie Star-Press in a story that begins:Delaware Circuit Court 5 Judge Wayne Lennington acknowledged Thursday he is under criminal investigation for his connection to investment properties but denied any wrongdoing. Lennington, 77 -- a...

Ind. Courts - "I'll vote for your dad if you vote for my mom!"

Posted on February 06, 2008
"The sons of Allen County Circuit Court Judge Tom Felts have created a Facebook Group in support of the Judge's re-election." So begins this entry this afternoon in Mitch Harper's blog, Fort Wayne Observed....

Courts - "Oh, to be an in-house lawyer for big pharma".

Posted on February 06, 2008
So wrote the Wall Street Journal Law Blog, in an entry yesterday headed "Eli Lilly in Advanced Talks With Feds over Zyprexa Probe", which is followed by today's entry, headlined "Lawyer?s Email Slip-up Leads to Zyprexa Leak."...

Ind. Decisions - Court of Appeals issues 2 today (and 4 NFP)

Posted on February 06, 2008
For publication opinions today (2): In Philip A. Paulsen v. Marylou Malone , a 7-page opinion, Judge Bradford writes:Appellant-Defendant Philip Paulsen appeals the trial court?s order granting Appellee-Plaintiff Marylou Malone?s motion to correct error...

Ind. Decisions - Supreme Court issues attorney discipline action

Posted on February 06, 2008
In the Matter of Richard M. Bash is a 6-page, Per Curiam, attorney discipline action:This matter is before the Court on the report of the hearing officer appointed by this Court to hear evidence on the Indiana Supreme Court...

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