Latest News

Indy firm expands practice into Chicago

January 1, 2008
IL Staff
Indianapolis-based law firm Baker & Daniels has opened a new law office in downtown Chicago with seven attorneys who recently left the same Chicago firm. The firm previously established B&D Equity Property Tax Group in the city, which will now join the law firm in the same office. The goal of the expansion is to meet the growing needs of its Midwest clients as well as establish a presence in Chicago. The firm hopes to grow its new office to 50-plus...
More

Court order questions confidentiality agreement

January 1, 2008
IL Staff
The Indiana Supreme Court issued an order to show cause today seeking to determine whether a trial court- approved confidentiality stipulation and order should be vacated in a case involving insurance coverage for bodily injury claims caused by exposure to silica. The parties in Travelers Casualty and Surety Company, et al. v. United States Filter Corporation, et al., No. 49S02-0712-CV-596, asked the trial court to approve a confidentiality stipulation and order while the litigation was pending in Marion Superior Court in...
More

Court to decide on prevailing party issue

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to determine who would be considered the "prevailing party" when a settlement lacks a judicial resolution. In Kirk Reuille v. E.E. Brandenberger Construction, Inc., No. 02A04-0704-CV-186, Reuille appealed the trial court's judgment in favor of E.E. Brandenberger when the court decided Reuille was not the prevailing party in the contract between him and Brandenberger and said the trial court erred in characterizing his motion for attorney fees as one for summary judgment. Reuille and...
More

High court to hear 2 arguments Thursday

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court will hear arguments on two cases Thursday to determine whether a health services provider is entitled to interest on payment owed for services and if a city had missed the statute of limitations to bring contamination-related claims against a company.At 9 a.m., the high court will hear arguments on Cooper Industries, LLC, et al. v. City of South Bend and The South Bend Redevelopment Commission, No. 49A04-0511-CV-637, in which the Court of Appeals reversed the Marion Superior Court's...
More

Popular online guidelines made user-friendly

January 1, 2008
IL Staff
The parenting time and child support guidelines on the Indiana Supreme Court's Web site just got a little friendlier to use. The guidelines have been reformatted to allow easier printing. The Supreme Court received feedback about the challenges the public, courts, and clerks' offices were having in printing and making copies of the guidelines because they were lengthy. The number of pages for the parenting time guidelines has been reduced from 27 to 15 pages; the child support guidelines shrank from...
More

Boone County courts seek rule comments

January 1, 2008
IL Staff
Boone Circuit and Superior courts are seeking comments to proposed local rule changes, including altering jury trial procedures, financial declarations, workshops about how children cope with divorce, and family court rules. To view the proposed changes, click here. Comments may be made until Aug. 9 to Judge Matthew Kincaid at jkincaid@co.boone.in.us.
More

Asian American Alliance to host reception

January 1, 2008
IL Staff
The Asian American Alliance Inc. will host a reception to celebrate its professional leadership program, cAtAlyst, and the organization's efforts to inspire Asian Americans to lead and serve. The reception will be from 5 to 7 p.m. March 12 at Indianapolis law firm Bingham McHale. To attend, contact Pam Dove at (317) 968-5352 or pdove@binghammchale.com by March 10. For more information about the organization, visit AAAI's Web site.
More

Court rules marriage not valid, affirms sentence

January 1, 2008
Jennifer Nelson
A woman who helped her husband flee from police after committing three murders in southern Indiana can be convicted of assisting a criminal because her marriage is void in Indiana, the Indiana Court of Appeals ruled today. In Misty D. Davis v. State of Indiana, No. 63A01-0712-CR-605, the Court of Appeals today upheld Misty Davis' convictions of and sentence for assisting a criminal in murder and giving a false statement to law enforcement. Davis' husband, Nick Harbison, attacked four people, resulting in...
More

Supreme Court arguments Wednesday

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court will have a busy Wednesday morning as it hears arguments scheduled for three cases on appeal. First up is Ronald Mayes v. Second Injury Fund, No. 93A02-0702-EX-162, in which Mayes petitioned the Supreme Court to accept jurisdiction over his appeal. The Worker's Compensation Board denied Mayes' disability benefits from the Second Injury Fund, ruling Mayes' settlement of his claim against third-party tortfeasors precluded those benefits from the fund. The Court of Appeals affirmed finding Mayes failed to prove...
More

High court welcomes Australian, Ukraine jurists

January 1, 2008
Michael Hoskins
The Indiana Supreme Court is welcoming some of its colleagues from other countries this month, first an Australian justice and then a group of jurists from the Ukraine.Justice Marcia Neave of the Australian Supreme Court of Victoria, Court of Appeals division, is visiting Indiana this week as part of a lecture at Valparaiso Law School. She was slated to meet today with Indiana Chief Justice Randall T. Shepard and Justices Ted Boehm and Robert Rucker; they were to take an afternoon...
More

COA: Laser hair removal not 'health care'

January 1, 2008
Michael Hoskins
Laser hair removal isn't considered "health care" within the meaning of the state's Medical Malpractice Act, the Indiana Court of Appeals ruled today.A unanimous ruling today affirmed a trial court decision in OB-GYN Associates of Northern Indiana P.C. v. Tammy Ransbottom, No. 71A03-0711-CV-503, which involved a St. Joseph County case and the denial of a motion to dismiss a negligence action. In January 2006, Ransbottom had gone to a Mishawaka OB-GYN's office and underwent the cosmetic laser hair removal treatment. She went...
More

COA: Insurance policy not contrary to code

January 1, 2008
Jennifer Nelson
A minimum-coverage insurance company's policy language that excludes coverage for leased vehicles in certain circumstances isn't contrary to Indiana Code, the Court of Appeals ruled today. In the appeal of Safe Auto Insurance Co. v. Enterprise Leasing Company of Indianapolis, et al., No. 01A02-0712-CV-1120, the Court of Appeals reversed the trial court's grant of summary judgment in favor of Enterprise Leasing on Safe Auto Insurance's complaint for declaratory judgment. Safe Auto filed the complaint arguing its policyholder, Jeffrey Harrison, was not...
More

Juvenile facility seeking new superintendent

January 1, 2008
IL Staff
The Marion County juvenile detention facility is conducting a nationwide search to find a new superintendent to replace Richard L. Curry, who will join the Indiana Department of Correction at the beginning of September.Earlier this month, Curry was named Indiana Department of Correction director of staff development and training. Curry was appointed the superintendent of the Marion County juvenile detention center in 2007. Curry took over as superintendent at a time when the juvenile detention center experienced numerous issues highlighted in...
More

Court agrees with IDEM on 'public water system'

January 1, 2008
Michael Hoskins
The Indiana Department of Environmental Management was correct in interpreting a federal safe drinking water act to mean that a public water system can be composed of separate, unconnected wells serving a larger area together, the Indiana Court of Appeals ruled today.In IDEM v. Construction Management Associates L.L.C. and Hilltop Farms, No. 52A02-0711-CV-994, a three-judge panel reversed a Miami Circuit judge's ruling that the state agency had incorrectly determined that separate, unconnected wells constituted a public water system and required the apartment...
More

New chief public defender? Not yet

January 1, 2008
Michael Hoskins
Nine people will soon decide whom they want to see as the next chief public defender for Indiana's largest county.The Marion County Public Defender Agency's board of directors conducted second interviews March 4 with two applicants who want to succeed Chief Public Defender David E. Cook when he leaves the agency. A third had withdrawn his name prior to those interviews, according to board chairman Jimmie McMillian.He declined to release any names and would only say the second interviews "went well." The board...
More

Trial allowed in school mental-health test case

January 1, 2008
Michael Hoskins
A federal judge in South Bend is allowing a civil suit to proceed to trial in a case involving a once-controversial school mental-health screening where parents weren't informed.U.S. District Judge James Moody for the Northern District of Indiana issued a 45-page ruling Tuesday in Teresa and Michael Rhoades v. Penn-Harris-Madison School Corporation, et al., No. 3:05-CV-586. The case dates to a St. Joseph County student's suicide in 2003, which spawned the creation of a suicide-prevention pilot program the following year involving...
More

Supreme Court rules on belated appeals

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to two cases dealing with belated appeals. The high court granted transfer with opinion in Demond Hughes v. State of Indiana, No. 49S04-0802-CR-86. At issue was whether Hughes was allowed to file a belated appeal to challenge the appropriateness of his 40-year concurrent sentence. Hughes pleaded guilty to felony murder and Class A misdemeanor reckless possession of a handgun. Initially, the trial court sentenced Hughes to a 50-year concurrent sentence, with five years suspended. Hughes...
More

Former recorder's extortion convictions upheld

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a former Lake County Recorder's convictions of extortion, but remanded so that his sentence could be revised because the District Court placed too much weight on following the sentencing guidelines.In United States of America v. Morris Carter, No. 06-2412, Morris Carter challenged his three convictions and sentence of 51 months of incarceration on extortion charges. Carter was found guilty of violating the Hobbs Act, 18 U.S.C. Section 1951(a) while he was still county recorder....
More

Peace of mind restored: Cemetery trust case results in multi-million dollar settlement

January 1, 2008
Michael Hoskins
It was bad enough that Cecilia Means had to watch as her grandmother's casket was pulled from a waterlogged gravesite where it had been buried for 17 years. On that day in March 2007, the southeast Indiana woman stood covering her mouth and sobbing as workers pulled the stainless steel casket from several feet of muddy brown water and a steady stream of water leaked from where the lid joined the sides. That day seemed liked a nightmare at the 40-acre...
More

Pro bono services conclave April 25

January 1, 2008
IL Staff
The deadline to RSVP for the conclave on the delivery of pro bono services in Indiana has been extended through Monday, April 14. A subcommittee of the Indiana State Bar Association's Pro Bono Committee has organized the all-day event from 9 a.m. to 4 p.m. April 25 at Barnes & Thornburg Conference Center, 11 S. Meridian St., Indianapolis. Event organizers extended the deadline to RSVP after realizing some people were on spring break this week. The event will feature education and...
More

UPDATE: Voter ID questions remain

January 1, 2008
Michael Hoskins
Hoosier voters should be ready to show their government-issued photo identification at the polls next week after the Supreme Court of the United States gave a green light to Indiana's voter ID law. Other states may follow suit following the high court's ruling Monday that upheld Indiana's three-year-old statute.But voters and the legal community should be just as ready for a new wave of Election Day regulation and subsequent litigation because six justices agreed to some extent that voters could...
More

Allen County judge arrested

January 1, 2008
Jennifer Nelson
An Allen County judge was arrested in Indianapolis for allegedly driving drunk and is scheduled to appear in Marion Superior Court Wednesday.Indiana State Capitol Police, a division of the Indiana State Police, stopped a car driven by Allen Circuit Judge Thomas Felts early on the morning of July 18 for a traffic violation in downtown Indianapolis. As the police officer began to get out of his car, Judge Felts' car backed up and struck the police vehicle, according to a police...
More

Court: EPA approval required for expansion

January 1, 2008
Jennifer Nelson
A Porter County sewer company must receive prior approval from the Environmental Protection Agency per a federal consent decree in order to be able to expand its services, the Indiana Court of Appeals has ruled. The appeal from the Indiana Regulatory Commission, Application of South Haven Sewer Works, Inc., City of Portage v. South Haven Sewer Works, Inc., No. 93A02-0703-EX-204, came before the court because the City of Portage believed the Indiana Utility Regulatory Commission's grant of a certificate of territorial authority...
More

High court ponders sex-offender registry law

January 1, 2008
Michael Hoskins
Indiana Supreme Court justices this morning listened to arguments in the cases of two convicted sex offenders who are challenging a state law requiring them to register for life on a public database, even though they weren't required to do so at the time of their criminal convictions.The arguments came in the combined case of Todd L. Jensen v. State and Richard P. Wallace v. State, No. 02S04-0803-CR-137, which delves into issues with the state's sex-offender registry the court hasn't explored...
More

Judge orders new Cinergy trial

January 1, 2008
Michael Hoskins
A federal judge in Indianapolis has ordered a new trial for Cinergy Corp because the energy company now owned by Duke Energy committed misconduct earlier this year and tainted the liability phase of the litigation. U.S. District Judge Larry McKinney issued a 29-page decision in U.S., et al. v. Cinergy Corp, et al., 1:99-cv-1693, on Thursday, unsealing it and making the ruling public Dec. 22. "In summary, the Court concludes that Cinergy's misrepresentations about payment of one of its fact...
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT