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Sidebars: Coaches Tavern has made consistently good food for 10 years
We give Coaches Tavern 3 gavels!
DTCI: ‘Queen bee syndrome’ in the workplace – true or false?
If you are a woman trying to make it to the top of a law firm, can you expect a higher-ranking female attorney to take you under her wing? Do you need to undermine other women in order to advance or treat other women as threats?
Indiana Judges Association: Could judicial Olympics cure court budget woes?
Judge Dreyer comes up with a way to cure court budget woes and provide reality TV.
Justices visit schools to mark Constitution Day
The Indiana justices visited the schools on Sept. 19 as part of Constitution Day events. The Indiana Supreme Court holds a program each September to commemorate the anniversary of the signing of the U.S. Constitution on Sept. 17, 1787.
Disciplinary Actions – 9/28/12
Read who has been suspended, reprimanded, held in contempt or reinstated by the Indiana Supreme Court.
Behind the News: ’80s anti-takeover law helped sow Emmis win in court
Emmis Communications Corp.’s tactics as it plotted to strip preferred shareholders of their rights were “admittedly unusual,” Judge Sarah Evans Barker acknowledged in her Aug. 31 ruling that let the company go forward with a shareholder vote a few days later that did just that.
Bentley: Darden honored for impact, influence on legal community
On September 14, 2012, the Marion County Bar Association hosted a retirement dinner in honor of Judge Carr L. Darden, who retired as a full-time appellate judge from the Indiana Court of Appeals on his 75th birthday, July 21, 2012. The event was held at the downtown Indianapolis Marriott and included dinner, musical entertainment and remarks from several individuals to whom Judge Darden has served as a colleague, mentor, family member and friend.
New provisions shine light on patent process
One addition under the America Invents Act is the public has the opportunity to participate in pre- and post-grant reviews.
Marilyn Monroe decision points to right of publicity’s shortcomings
The legal landscape for Marilyn Monroe’s heirs changed considerably when a federal court recently affirmed that the idol had no right of publicity that survived her.
Victim funds create legal, public policy issues
Kenneth Feinberg, an authority on victim compensation funds, says circumstances warranting these types of programs are “rare.”
Remedy is not easy in securities fraud cases
Plaintiffs must meet a high standard after filing complaint to get to the discovery stage.
ILS Medical Legal Partnership gives Midtown clients access to legal services
Indiana Legal Services’ clinic helps clients at Midtown Community Mental Health Center navigate through legal entanglements that can ensnare them.
Zoeller, senators at odds over immigration law
Indiana lawmakers seek to intervene with aid of Kansas official Kris Kobach.
Loretta Rush is Indiana’s next justice
Colleagues say the Supreme Court appointee brings life balance, temperament and skill to the job.
Task force, billboards part of AG’s prescription drug abuse fight
Billboards around Indiana are part of an awareness campaign about the dangers of prescription drug abuse announced Monday by Indiana Attorney General Greg Zoeller.
Opinions Sept. 24, 2012 ILD
Indiana Court of Appeals
Thomas E. Lynch v. Arthur H. Huser (NFP)
49A05-1204-PL-162
Civil plenary. Affirms trial court judgment in favor of Huser.
Sean Cole v. State of Indiana (NFP)
49A02-1202-CR-66
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Bryan Scholtes v. State of Indiana (NFP)
15A05-1202-CR-78
Criminal. Affirms trial court revocation of probation.
Steven R. Brandenburg v. First Republic Mortgage Corporation (NFP)
29A02-1201-PL-70
Civil plenary. Affirms trial court grant of summary judgment in favor of First Republic.
Olga Markova v. State of Indiana (NFP)
49A02-1110-PC-908
Post-conviction relief. Affirms trial court denial of post-conviction relief that sought to set aside guilty plea to charge of Class D felony theft.
Justin L. Smart v. State of Indiana (NFP)
46A05-1201-CR-20
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class C felony dealing in a look-alike substance.
Andrew Humphreys v. State of Indiana (NFP)
79A04-1112-CR-677
Criminal. Affirms in part, reverses in part and remands, finding the court erred in applying a 16-year sentence for adjudication as a habitual offender, and instructed the court to specify which of Humphrey’s methamphetamine-related convictions is enhanced by the adjudication.
Troy Marie Cain Cornell v. State of Indiana (NFP)
02A03-1201-CR-33
Criminal. Affirms conviction of Class A misdemeanor prostitution.
Charles Davis, Sr. v. State of Indiana (NFP)
03A05-1111-CR-582
Criminal. Affirms conviction of dealing in methamphetamine, a Class B felony.
Matthew M. Derrick v. Estate of Ruth F. Korn (NFP)
71A03-1204-ES-178
Probate/estate. Affirms probate court ruling disallowing Derrick’s claim of a life estate and payments of maintenance of real property.
David Brown d/b/a DB Express v. Utility Peterbilt of Indianapolis (NFP)
49A05-1202-PL-61
Civil plenary. Affirms denial of plaintiff’s motion to correct error challenging a grant of summary judgment in favor of Peterbilt.
Opinions Sept. 24, 2012
Indiana Court of Appeals
State of Indiana v. Russell Oney
49A05-1204-CR-196
Criminal. Reverses and remands a trial court ruling that vacated a determination that a defendant was a habitual traffic violator, holding that even though one of the predicate offenses later was vacated in post-conviction relief, the BMV’s determination that Oney was a habitual traffic offender did not constitute manifest injustice.
Payne resigns as head of DCS
James W. Payne, the director of the Indiana Department of Child Services since 2004, submitted his resignation letter Monday to Gov. Mitch Daniels. The resignation comes after news reports raised questions about his involvement in DCS actions pertaining to his grandchildren.
Hospital has no claim against insurer in Tennessee judgment
A Fort Wayne Hospital that treated a person injured after a Tennessee vehicle crash may not enforce a lien against a judgment of a Tennessee court that awarded damages to the motorist.