The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
There is an old phrase, “Justice Delayed is Justice Denied.” This is generally viewed in the negative, such as when a defendant has been charged and incarcerated, addressed by the right to demand a speedy trial. Sometimes it takes a defendant or civil litigant a long time otherwise to obtain a trial. In most situations law is inherently slow because…
The American Judicial System is generally based on the premise that each party pays his or her own attorneys fees unless there is a statute or contract that otherwise rules-in fact, this practice is known as the American Rule. However, there can be instances in lower courts where one party is able to recover attorney fees from the other. For…
An observation attorneys make is the nature, scope and complexity of facts that arise in child custody modification cases are often as diverse as the controlling statutes and case law. Thus, trial courts have wide latitude to decide these matters; subsequent modifications have a tendency to, or perception of, unsettling the child(ren) and are more difficult to accomplish than the…
“Shouldn’t the person who ruined our marriage pay all for the legal fees for divorce? It’s their fault we’re getting divorced, not mine.” At we observe a fundamental misunderstandings about America’s legal system is that legal fees can be collected from the opposing side. For the most part, America, including Indiana, has rejected this: the English Rule. Under the English…
This question is one that has played itself time and again through US history and in every state. The legal concept of preemption may apply to any matter. In basic form, it asks the question of who should decide a matter — the State or the local government. Many years ago, Indiana law fundamentally changed on how this was viewed.…
There is tension between these legal doctrines among all of the states in the Nation. In fact, Home Rule is an ancient legal doctrine that created great struggles with former holdings under the British Empire. The Empire wanted to impose its will remotely, but the holdings believed they were unique and should be able to determine affairs unique to it.…