Indiana Court Decisions – Aug. 15-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Read Indiana appellate court decisions from the most recent reporting period.
Don’t have much time, but want to lend a hand? We have two opportunities for you to give back to our community for just two hours only.
The General Assembly enacted House Enrolled Act 1278, which established the 21st Century Energy Policy Development Task Force. The duties of the task force are to: (1) examine the state’s existing policies regulating electric generation portfolios; (2) examine how possible shifts in electric generation portfolios may impact the reliability, system resilience and affordability of electric utility service; and (3) evaluate whether state regulators have the appropriate authority and statutory flexibility to consider the statewide impact of possible shifts in electric generation portfolios, while still protecting customer interests.
The number of lawyers in the United States who report having some form of a disability is minuscule. But as small as the figures may be, a shift is taking place in the legal industry that has caused the numbers to double in the past decade.
Data has transformed how every industry does business, including utilities. The term “digital water” is a hot topic right now as more water and wastewater utilities look to improve operations and communications with customers. While it can be challenging for utilities to take steps toward implementing digital water technologies, those that do could see significant benefits across multiple departments.
Indiana Lawyer traveled to four rural counties, finding that despite their challenges, the bonds of community and commitment to justice remain strong.
Most pharmacies’ legal and financial exposure is not with the diversion of controlled substances (e.g., stealing, selling or dispensing drugs without a legitimate medical purpose); it is instead with the tedious, prosaic record-keeping requirements that often go neglected.
Hoosier lawmakers, utilities and water policy lawyers in recent years have begun to look more closely at supply and demand. Legislation passed by the General Assembly in 2019, for example, ties certain funding sources to evidence of effective water study and communication. Meanwhile, some of the state’s biggest utilities have begun efforts to increase collaboration so that water resources might be shared.
Just ahead of the Labor Day holiday, Indiana Lawyer staff members took to the roads less traveled, visiting some of the Hoosier state’s smallest counties. We each spent a day finding out just a bit about how the law works in places like Liberty. And Portland. And Shoals. And Williamsport.
Recently, Marion County jurors got another summons — this time an invitation to join judges, other jurors and their families in enjoying some ice cream. The Marion County Superior and Circuit Courts held its inaugural Juror Appreciation Day Aug. 24 at the Benjamin Harrison Presidential Site, just north of downtown Indianapolis.
Movie reviewer Robert Hammerle has praise for two very different films that each tug on the heartstrings.
The Center for Victim and Human Rights (CVHR) has been named the 2019 recipient of the Indianapolis Bar Foundation’s Impact Fund grant of $35,000. CVHR will use the funding to create the Pro Bono Attorney Project (PBAP) for Marion County-area attorneys to provide limited-scope advice and counsel to pro se victims filing a petition for a protective order.
Ask the justices how they would describe the last five years at the Indiana Supreme Court, and they’ll tell you they’ve seen some changes. There’s been an internal reorganization, a major technology initiative and a national drug crisis to contend with, but they think their institution has successfully charted its path.
From divorce, custody, parenting time and guardianships to grandparent rights, family law can be very messy and emotionally draining. When I tell people what I do for a living, the most frequent responses are something along the lines of, “oh, I don’t think I could do that,” or “that must be very difficult.” Typically, however, my opposing counsel is not difficult, exhausting, or otherwise adding fuel to the fire.
Indiana Court of Appeals
Cheryl Barron Doll v. Steven E Post, et al.
19A-TR-715
Trust. Reverses the DeKalb Superior Court’s judgment denying Cheryl Doll’s motion to intervene based on the trial court’s interpretation of the residuary clause of Ollie Waid Jr.’s revocable living trust. Finds the language of the residuary clause does not identify a beneficiary with reasonable certainty. Remands and instructs the trial court to grant Doll’s motion to intervene and to direct trustee Steven Post to hold the reside of the trust for Waid’s estate, and instructs the court to direct Post to distribute the residue to Waid’s heirs at law pursuant to the appellate court’s intestate succession statutes.
In a ruling that declares Carmel’s noise ordinance unconstitutional, a city court judge has found in favor of two employees of the Lucas family estate who were sued by the city after it accused them of violating the ordinance.