Last UpdatedTHU., AUGUST 28, 2014 - 4:30 PM
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Gift expands Maurer-linked conservation law program to McKinney students

Nature can’t always defend itself, but a recent gift to the Conservation Law Center in Bloomington will further the work of preserving environmental resources and open doors to more students drawn to a clinical experience in conservation law.More.

Fire closes Lake County Courthouse in Gary

The Lake County commissioners say a county courthouse in Gary will likely remain closed for a week after an electrical fire.More.

COA: Break in employment triggered non-compete agreement

Jennifer Nelson
A man who joined a competitor immediately after his employment ended at another company did not violate a non-compete agreement, the Indiana Court of Appeals ruled Thursday. The judges agreed that a 10-day break in employment with the prior employer two years earlier constituted the beginning of his non-compete agreement, and his new job falls outside that two-year non-compete restriction.More.

PACER removes older 7th Circuit case files

Closed cases filed before 2008 in the U.S 7th Circuit Court of Appeals have been removed from the PACER online database, as have older records from several other federal courts.More.

In This Issue

AUG. 27-SEPT. 9, 2014
thisissue1-082714.jpg IL 082714 cover

A recent $2.5 million gift will expand the Indiana University Maurer School of Law-linked conservation law program to IU Robert H. McKinney School of Law students. Indiana has joined 11 states in challenging the EPA's regualtory authority over existing coal plants. Attorneys find enjoyment in playing board games. In fact, one is leaving the law to work for a board game company.

Top Stories

Norman Metzger praised for longtime leadership at ILS

Like many young adults in the 1960s, Norman Metzger was inspired by the belief that it is possible to change the world. After a lifetime in public service, the 75-year-old attorney has never lost his passion to make things better for those who have little means and often no voice.More.

Dickson: Only judges to decide pretrial release

Indiana Justice Brent Dickson says it's not fair that people are kept in jail because they do not pay a bond to get out.More.

Hemp's growing pains in Indiana

Industrial hemp was legalized in Indiana when Gov. Mike Pence signed a bill into law this year, but you still can’t grow the crop in the Hoosier State.More.

$500M Marion County Justice Center relies on novel funding

A mainstay of the travel industry, all-inclusive packages are gaining traction with governments that want a simpler way to deliver new public facilities. For an annual fee, a private-sector consortium will design, build, finance, maintain and operate a new road or building. Indianapolis could become one of the first U.S. cities to ink such a deal with a new jail and courthouse on the former site of the GM stamping plant.More.

Nothing boring about board games

Attorneys find the more traditional style of gaming is a good way to take a break from work and focus on friends.More.

Rush takes oath as chief justice in understated event

Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Aug. 18 as the state’s first female chief justice, Loretta Rush said the history in the tomes spoke volumes to her.More.

Gift expands Maurer-linked conservation law program to McKinney students

Nature can’t always defend itself, but a recent gift to the Conservation Law Center in Bloomington will further the work of preserving environmental resources and open doors to more students drawn to a clinical experience in conservation law.More.

Focus

Deveau: RCRA threatens validity of brownfield redevelopment

During the past 12 months a troubling trend has developed in the area of brownfield redevelopment. In several routine property transactions, buyers, sellers and lawyers have had the unpleasant experience of having their deals scuttled by a questionable application of the Resource Conservation and Recovery Act.More.

Indiana joins other states challenging EPA regulatory authority

Indiana has joined 11 other states in filing a lawsuit against the U.S. Environmental Protection Agency, taking the unusual tactic of challenging the federal government’s authority to regulate greenhouse gases rather than challenging the rule itself.More.

Opinion

Editor's Perspective: Another crack in the glass ceiling

I’d like to make a suggestion to Indiana lawmakers when they return for the 2015 legislative session. I am not telling you how to do your jobs, but this suggestion falls under the guise of editing, so I feel I’m within my bounds.More.

Federal Bar Update: Proposed rule changes, redacting documents

The Judicial Conference Advisory Committees on Civil Rules has published proposed amendments to several rules and is seeking public comment.More.

Inside the Criminal Case: Can your lyrics be used against you in court?

It is common knowledge that what you say can and will be used against you. But what about what you sing or intend to sing?More.

Hammerle On…'Guardians of the Galaxy,' 'Boyhood'

Bob Hammerle says there isn't a mother who won't shed a tear watching "Boyhood."More.

DTCI: Playing by the rules

Christopher Lee uses a popular board game to teach his children about democracy and the rule of law.More.

In Brief

Same-sex marriage memo keeps Pence as defendant in lawsuit

A federal judge ruled Tuesday that Indiana must recognize same-sex marriages performed in other states, but says the ruling doesn’t take effect until the 7th U.S. Circuit Court of Appeals rules on the issue.More.

Judge denies stay in right-to-work law case

A northwest Indiana judge has rejected a request by the Indiana attorney general's office that he put on hold his order striking down the state's right-to-work law until the state Supreme Court rules on a similar case.More.

Delayed releases continuing problem at Marion County Jail

Two Marion Superior criminal court judges said Friday they continue to be frustrated by delayed releases of arrestees detained after orders have been signed for their release.More.

Special Sections

Indiana Court Decisions - Aug. 6 to 19, 2014

Read recent appellate decisions involving Indiana cases.More.

On The Move

On the Move - 8/27/14

Read who's moved to a new firm, a new location or a new position recently.More.

Disciplinary Actions

Disciplinary Actions - 8/27/14

Read who recently was reinstated to practice.More.

Bar Associations

IndyBar: Evening Under the Stars Preparation is Underway

In just a few weeks, the Indianapolis Bar Foundation (IBF) will host its annual fundraiser, the Evening Under the Stars Dinner & Auction. The event features an elegant dinner, cocktails, live entertainment and silent and live auctions – all while attendees have the chance to mingle with Indy’s top legal professionals.More.

IndyBar: Volunteers Needed for Family Law/Minor Guardianship Pro Bono Cases

Since early 2013, the IndyBar and local legal service providers have been teaming up to provide pro bono help in family law cases. More than 100 cases have been placed as a result of these efforts, and additional volunteers are needed to continue this successful partnership.More.

IndyBar: A Collective ‘Thank You’ at the IndyBar Paralegal Appreciation Luncheon

Paralegals play an invaluable role in the legal profession. This sentiment was proven by the outstanding turnout at the 2014 IndyBar Paralegal Appreciation Luncheon as more than 150 attorneys, judges, and of course, paralegals gathered to enjoy conversation, lunch and even a laugh on August 14.More.

Abrams: Law School Orientation—Oh, To Be Young Again!

I had the honor of attending law school orientation on Saturday, August 16 at the Robert H. McKinney School of Law. I sat on the dais with the Honorable Jose Salinas of Marion Superior Court, the Honorable Jane E. Magnus-Stinson of the U.S. District Court for the Southern District of Indiana and McKinney School of Law Dean Andrew Klein.More.

IndyBar: Straight Talk Straight from the Top

Members of the current IndyBar Board of Directors discuss their roles, responsibilities and also offer advice to those considering serving on the board in 2015.More.
Juvenile Justice Juvenile Justice

Improving a child's access to counselRestricted Content

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

Early intervention for juvenilesRestricted Content

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

The evolution of capital punishmentRestricted Content

The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.More.

Enduring legal process doesn't change parents' desire for justice

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.

More.

Mental aspect of capital cases can be challenging

When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.More.

Prosecutors: money doesn't trump other factors when considering death penaltyRestricted Content

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.More.

Recent changes impact state justice system

National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.More.

Clinic argues for man's innocence

the Indiana Supreme Court is considering whether to accept a post-conviction case on an issue some say is an important question of law relating to wrongful convictions.More.

Rising number of exonerees reflects flaws in justice system

Convicts are turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue surfacing in the nation's court system.More.

Teaming up for change

National, local experts meet in Indiana to discuss juvenile justice.More.

Indiana: Better economic climate

State's legal community successfully rising to recession-related challengesMore.

Lawyers challenge imbalance of power

Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.More.

Attorneys squeezing savings

Bar associations offer discounts, cost-cutting options for legal communityMore.

Money woes 'going to get worse'

County courts, prosecutors, public defenders face tight budgetsMore.

Indiana's legal aid in trouble?

3 legal aid providers discuss the economy's effectsMore.

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.More.

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

What's next for Indiana's juvenile system?

Indiana lags in statewide reform, but builds on localized successes.More.

'Out of the court's hands'

Lake County teen recognizes she is responsible for future in juvenile system.More.
childreninneed-2col.jpg chin logo

Indiana makes gains in permanent placementRestricted Content

The state sees improvement, but aims to do better.More.

Views shift on use of executions

What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.More.

What's next for Indiana's death penalty?Restricted Content

Unlike other states, Indiana has not abolished or suspended use of executions.More.

State death penalty cases averaged 17 yearsRestricted Content

When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.More.

Balancing philosophical with practical concerns regarding death penaltyRestricted Content

Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.More.
Juvenile Justice Juvenile Justice

Tug-of-war

A last-minute change to a bill during the 2009 special session has stripped judges of their discretion regarding juvenile placements out of state by requiring them to get permission from the Department of Child Services. All three branches are reacting.

More.

Escaping execution

Exoneree joins statewide campaign calling for a death-penalty moratorium.More.

Reforms urged to prevent mistakes

Indiana explores what revisions to make to its criminal justice system.More.

Aiming for exoneration

Inmate awaits court hearingMore.

CJ: Most players in appeals acting responsibly

The Indiana chief justice said in an order that he would "smack down" judicial overreaching or overspending.More.

Bose lays off lawyers

Cuts are state's first announced publiclyMore.

Lawyer lands on feet

Attorney's job loss leads to his own legal consulting businessMore.

Mergers: Are we done yet?

2008 could be record year for law firm consolidationMore.

Tough times drive change

Attorneys see evolving legal work caused by economic woesMore.

System delivers injustice

Exonerated face new, old legal hurdles after release.More.

Counties must pay for juvenile facilities

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.More.

Teens share stories about juvenile justice experience

Two Elkhart County teens say it took incarceration to teach them a lesson.More.

Detaining questions

Funding of youth detention, alternatives draws concern.More.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.

Motorcycle Accident
Garrett Minniear v. Chase King d/b/a King Masonry LLC

More

 

Medical malpractice
Resa v. Greathouse-Williams, et al.

More

 

Trucking accident
Willetter Morrison-Johnson and Steven Johnson v. Republic Services of Indiana, L.P. and Jason Stanley
More

 

More Trial Reports

Blogs

Open floor plans the way of the future

In an effort to encourage mobility and collaboration and save money, walls are coming down in offices and work spaces are becoming more open.More.
 


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Opinions Aug. 28, 2014

Indiana Court of Appeals
Nightingale Home Healthcare, Inc. v. Carey Helmuth and Physiocare Home Healthcare, LLC
29A04-1403-PL-121
Civil plenary. Affirms summary judgment in favor of Helmuth and Physiocare Home Healthcare LLC, in which the trial court concluded that Helmuth’s 10-day break in employment with Nightingale served as the starting point of his limited non-competition and non-disclosure agreement.More.
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  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.