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COA finds dismissal of judicial review petition not warranted

February 14, 2014
Jennifer Nelson
Noting that the Indiana Supreme Court has been divided on this issue – but will take it up soon – the Indiana Court of Appeals has held that it could review the dismissal of a petition for judicial review even though the company filing the petition did not file a complete, certified agency record.
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Woman’s convictions are crimes of violence, justifying sentence

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.
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Wabash fraternity must face alleged hazing-injury claim

February 13, 2014
Dave Stafford
A freshman pledge’s personal-injury claim resulting from what he alleged was a hazing incident at Wabash College may proceed against the campus fraternity, and he may seek compensatory and punitive damages, the Indiana Supreme Court ruled Thursday, overturning lower court rulings.
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Appeals court: IBM materially breached contract with state

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed a Marion County judge’s finding that IBM did not materially breach the contract it had with the state to modernize its welfare system. As a result, the appeals court ordered a determination of damages to the state.
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Man gets partial win on appeal, still must pay for damaging woman’s home

February 13, 2014
Jennifer Nelson
The man who purchased 2.28 acres of land in a foreclosure sale must pay for the damage he caused by taking the law into his own hands in trying to evict a woman living in a mobile home on the property, the Indiana Court of Appeals ruled. But, the court reversed summary judgment in favor of the woman on adverse possession, prescriptive easement and trespass claims.
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COA finds portion of public intoxication statute unconstitutionally vague

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has found that the portion of the public intoxication statute enacted in 2012 that uses the term “annoys” is void for vagueness. As such, it reversed a man’s conviction for public intoxication that was based on annoying behavior.
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Mock trial program to become part of Indiana Bar Foundation

February 13, 2014
IL Staff
Indiana’s Mock Trial competition will soon have a new home at the Indiana Bar Foundation.
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COA reverses piercing of corporate veil, but upholds slander of title finding

February 12, 2014
Jennifer Nelson
A Hendricks County storage facility’s claims of breach of contract and slander of title were affirmed on appeal against a contractor hired by the facility to provide excavation services. The Indiana Court of Appeals reversed the piercing of Country Contractors Inc.’s corporate veil to find its two shareholders personally liable.
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Justices: Facts don’t justify subjecting family to CHINS proceeding

February 12, 2014
Jennifer Nelson
The Indiana Supreme Court reversed the finding that a child with special needs is a child in need of services after ruling that the circumstances of this case don’t support that the mother needed the court’s coercive intervention to address concerns in the CHINS petition.
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Marion County clerk to marry couples for good cause

February 12, 2014
IL Staff
It’s nearly Valentine’s Day, and some couples will be tying the knot on the most romantic day of the year. For those who’d like to get married on Valentine’s Day but haven’t yet booked a venue, Marion County Clerk Beth White will marry couples Friday in an effort to raise money for the American Heart Association’s “Go Red for Women” campaign.
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Ex-IMPD officer pleads guilty to drunken driving

February 12, 2014
IL Staff
Former Indianapolis Metropolitan Police officer David Bisard has pleaded guilty to operating a motor vehicle while intoxicated as a Class A misdemeanor. The sentence will be served consecutively to the 16-year sentence he is currently serving for a 2010 crash that killed one motorcyclist and injured two others.
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Proposed criminal justice complex draws 5 bidders

February 12, 2014
Kathleen McLaughlin
Five groups of developers have responded to Indianapolis' call for candidates to build a new criminal justice complex.
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ILAS keeps eye on fundraising after successful holiday dollar campaign

February 12, 2014
Marilyn Odendahl
Indianapolis Legal Aid Society continues to position itself to cope with a significant loss of support from its main contributor.
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Indy attorney: airport site 'cannot' work for justice complex

February 12, 2014
Dave Stafford
Indianapolis International Airport may be officials’ preferred location for a proposed Criminal Justice Complex, but some attorneys who work in the system are critical of the idea.
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Drug court lawsuits in the works

February 12, 2014
Dave Stafford
A Clark County judge and his staff are accused of wrongful jailings, arrests and searches of drug court participants.
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Why I love the law

February 12, 2014
IL Staff
In honor of Valentine’s Day, we asked Indiana Lawyer readers to tell us why they love the law. The responses contain a common theme – people – whether it’s working with talented colleagues, teaching others about the law or helping people navigate through the legal waters.
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ABA task force advises review of law school costs

February 12, 2014
Marilyn Odendahl
In its year and a half examination of how lawyers are educated, the American Bar Association Task Force on the Future of Legal Education concluded the financial system law schools have developed to provide that education must be re-engineered.
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Biomet settles hip-replacement litigation

February 12, 2014
Dave Stafford
The most serious cases from among more than 950 patients around the nation who claim they were harmed by a Warsaw company’s implanted hip-replacement devices will share in a settlement expected to exceed $100 million, according to an attorney involved in the case.
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Proposed rule clears up ambiguities on release of mental health patients' names

February 12, 2014
Marilyn Odendahl
What the U.S. Department of Health and Human Services calls a modification to rules protecting patient privacy has sparked similar outcries from groups that might normally find themselves opposing each other. The National Alliance on Mental Illness and the Gun Owners of America both have come out against a proposed rule change to the Health Insurance Portability and Accountability Act that would allow health care entities to release the names of some mental health patients to the national firearm background check system.
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Essley: The land of (health care lien) confusion

February 12, 2014
Eric Essley writes about a few of the health care-related lien statutes often encountered and/or cited by the plaintiff’s bar and their in-house/defense counterparts when trying to settle claims.
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Lucas: Our current gun control approach is not working

February 12, 2014
Kelly Lucas
While I am not arguing against a person’s right to own guns or protect himself from threat, here is the question I can not shake: When does one person’s right to own a gun trump another person’s right to return home alive? In fiercely protecting one, we are clearly not doing enough to ensure the other.
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DTCI: 'Caring for' family under FMLA

February 12, 2014

What happens when a family member is diagnosed with a terminal illness and begins the somber review of their bucket list, noticing that a trip to Las Vegas is still unchecked? Would taking time to accompany and care for that family member be included in the definition of caring for under the FMLA?

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Bell/Gaerte: 3 things to know about withdrawing from a case

February 12, 2014
James Bell, K. Michael Gaerte
Unfortunately, there comes a time in some attorney-client relationships when breakup is inevitable. You may have tried to “work things out” with your client, but things only got worse. So what do you do?
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Start Page: Tips for catching up after snow days

February 12, 2014
We’re already over a month in to 2014. So far, the weather has wreaked havoc on school and work schedules. If you are like me, the list of things to accomplish has only gotten longer as a result. The solution? Use your technology tools more efficiently. Here are three concepts and related tips to help you (and me) dig out and catch up.
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Hammerle on ... 'American Hustle' leads favorites for 2014 Oscars

February 12, 2014
Robert Hammerle
It's that time of the year when Bob Hammerle makes his Oscar picks. See if you agree with his choices.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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