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Justices uphold modification of physical custody to father

February 8, 2011
Jennifer Nelson
A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.
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Fundraiser to benefit Legal Aid in Tippecanoe County

February 8, 2011
IL Staff
The Legal Aid Outback lunch and auction will be held Feb. 23 at Outback Steakhouse in Lafayette. Proceeds from the event benefit Legal Aid Corporation of Tippecanoe County, a nonprofit that provides low-cost legal assistance to low-income county residents on family law matters.
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COA reverses father's visitation of adopted daughter

February 7, 2011
Jennifer Nelson
Although one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case to “avoid equally unjust results in future cases.”
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Judges affirm judgment for real estate agent on negligence claim

February 4, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers when he communicated with them personally about accepting his clients’ offer.
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Florida judge rules health-care law unconstitutional

January 31, 2011
Jennifer Nelson
A federal judge in Florida has found that Congress has exceeded its authority in passing sweeping health-care reform in 2010 by including the individual mandate that people must purchase health insurance by 2014 or pay a penalty. Indiana had joined with 25 other states, two individuals, and the National Federation of Independent Business to challenge the law.
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Federal judge rules against state on immigrant paternity case

January 28, 2011
Michael Hoskins
Sitting at the crossroads between immigration law, paternity establishment, and the controversy on how the United States handles illegal immigrants, a federal judge in Indianapolis has ordered state health officials to stop denying unmarried immigrant parents without a Social Security number the ability to file an affidavit establishing paternity.
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Law firm files class-action lawsuit for estate planning UPL

January 25, 2011
Michael Hoskins
A Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys estimate could be $10 million to $20 million in damages.
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Federal act preempts state law claims

January 25, 2011
Jennifer Nelson

The Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.

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Judges order consideration of discovery demands

January 24, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.
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Hospitals seek Medicare reimbursement

January 20, 2011
Jennifer Nelson
Several Indiana hospitals are suing the Secretary of the U.S. Department of Health and Human Services over a Medicare reimbursement dispute.
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Court clarifies rules relating to filing deadlines

January 17, 2011
Michael Hoskins
Filing deadlines are important for attorneys in any case. But some recent confusion in a child custody appeal brought to light some uncertainty about how the state’s appellate rules compute some of those deadlines when “non-business days” or “calendar days” are applied to the motions practices before the Court of Appeals and Supreme Court.
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COA panel divided on trial court involvement with subpoena

January 12, 2011
Jennifer Nelson
The Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply with a subpoena issued by arbitrators in New York.
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Brizzi disciplinary case poses 'actual prejudice' question

January 7, 2011
Michael Hoskins
Former Marion County prosecutor Carl Brizzi took the stand today, defending himself against attorney misconduct charges alleging that he violated professional conduct rules by public statements made on pending cases.
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Justices take case involving stillborn fetus and Med-Mal Act

January 4, 2011
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which the Indiana Court of Appeals ruled a mother of a stillborn fetus satisfied the actual victim requirement under the Medical Malpractice Act.
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Supreme Court posts foreclosure best practices

January 4, 2011
Rebecca Berfanger
The Indiana Supreme Court has posted best practices regarding mortgage foreclosures filed in Indiana. The Indiana attorney general also filed a petition with the Supreme Court supporting the best practices and asking for the Supreme Court to require those recommendations in mortgage foreclosure proceedings.
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Southern District bankruptcy judge seeks reappointment

January 3, 2011
Michael Hoskins
After 14 years on the federal bankruptcy bench, U.S. Judge Anthony J. Metz III in the Southern District of Indiana is seeking another term.
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Justices reaffirm uniform-contract interpreation approach

December 29, 2010
Michael Hoskins
The Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation insurance coverage case.
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COA offers suggestion about judicial notice rule

December 29, 2010
Michael Hoskins
A paternity and child custody case has given the Indiana Court of Appeals a chance to examine a newly amended evidence rule for the first time, while simultaneously offering guidance to trial judges about using publicly accessible information to dispose of cases.
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COA: Trust not bound by ISTA employment arbitration clause

December 28, 2010
Michael Hoskins
The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.
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Indianapolis attorney 'trailblazer' for civil rights

December 27, 2010
Jennifer Nelson
The Indianapolis lawyer who worked on several notable cases in Indianapolis history, including a lawsuit which led to the desegregation of Indianapolis Public Schools, died Sunday.
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Court rules on artificial insemination issues

December 27, 2010
Jennifer Nelson
A divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two children conceived by artificial insemination.
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New Tax Court judge 'honored and humbled' by appointment

December 23, 2010
Michael Hoskins
A longtime lawyer and tax specialist received an early Christmas gift this week, learning that she’ll be the state’s newest Tax Court judge and the first woman to hold a seat on that bench.
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Justices order refunds in estate planning UPL case

December 22, 2010
Michael Hoskins
The Indiana Supreme Court is shaking its proverbial finger at a company it found had engaged in the unauthorized practice of law, making it clear that the court’s orders must be followed or non-compliant litigants will be sanctioned.
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Circuit Court reverses insurance case

December 22, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed summary judgment for an insurer on the issue of whether the commercial general policy covered faulty subcontractor work, citing a similar case recently ruled on by the Indiana Supreme Court. The Circuit Court also dealt with an issue surrounding umbrella policies for the first time.
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Judge dissents in denial of rehearing

December 22, 2010
Jennifer Nelson
Indiana Court of Appeals Judge Margret Robb has issued a lengthy dissent from her colleagues’ denial to rehear a case involving the state’s patient compensation fund. After reviewing the case, she believed the appellate court shouldn’t have applied Restatement (Second) of Torts Section 323.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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