The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In matters of the heart, about every domestic attorney has heard a truly sad story about someone breaking up a relationship. In some cases, there may be a legal remedy to address the matter. Novel to mainstream remedies includes defamation lawsuits to seeking a protective order. However, there are limits on statutory and/or common law cases that were once permitted.…
A recent Supreme Court of the United States case addressed the issue of whether a search warrant is needed in order to search the contents of a person’s cell phone1. In this digital age of a cell phone acting as a lifeline to users (calendar, alarm clock, video/song player, financial planner, etc.), a device no bigger than a deck of…
These days, a lot of businesses are asking employees, especially those in positions that hold proprietary information, such as sales, technology, and product development, to sign non-compete agreements. But what is a non-compete agreement, and is it enforceable? A non-compete agreement is a contract between two persons or business entities (a company and employee or a person selling/buying a business).…
Several months ago the Indiana Court of Appeals addressed a case, Daniel Brewington v. State of Indiana, and affirmed the trial court’s criminal conviction of a blogger who voiced his opinions regarding a recent family law court decision that was unfavorable towards him.1 Mr. Brewington was convicted of intimidating a Judge and obstruction of justice, following his comments online about…
In civil cases, which include divorce and paternity actions, each party has the right to request a Special Judge (also called a change of Judge) one time.1 After a final decree is issued, such as a divorce decree, if a party seeks to modify same (modify custody, parenting time, or child support), either party is again entitled to one change…
In Indiana, most all cases that flow through the court system are not confidential. In other words, your name and all your legal business are potentially publicly available1. There are some cases, or persons involved in the case, that are automatically kept confidential, and only the parties and attorneys can access the court files, such as matters that fall under…
In family law or other civil matters, settlement before trial is often an option. Mediation is one means of achieving settlement before a matter goes to Court. Generally, in mediation, the parties and their attorneys meet with a neutral third party mediator who has general information as to the background of the case and acts as a go-between to negotiate…
Last week brought some devastating news headlines, from the Texas fertilizer plant explosion to the Boston Marathon bombing coverage. News came on Friday that the remaining living brother of the duo the FBI suspects of committing the Boston Marathon bombing was taken into police custody. Since then, news stories have surfaced indicating that the police had decided not to give…
When it comes to who pays attorney fees in civil litigation, there are two historical rules. First, the English rule, and it is the oldest rule, dating back to before America had its own legal system. The English rule mandates that the loser pays all the attorney fees for both sides. Second is the American rule, which has been adopted…
In all civil cases (not criminal), Indiana trial courts generally require the parties attend and make a good faith effort at mediating the matter before coming a trial. This is particularly the case where the hearing is expected to take more than two or three hours. Many trial courts have this in their local rules. It is not a denial…