Indiana Court decisions – Aug. 1-14, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Collaboration creates appellate pro bono effort for domestic violence survivors
When Faegre Baker Daniels attorney Blayre Marley heard about the pro bono work her colleague Matt Albaugh and Kerry Hyatt Bennett of the Indiana Coalition Against Domestic Violence were doing for survivors at the appellate level, she jumped at the opportunity to join them.
Tales of the legal frontier: New book records Allen County legal history
As Allen County attorneys tuck their laptops into their briefcases, climb into their cars and accelerate across county lines to represent clients in neighboring communities, they are continuing the tradition of circuit riding that dates from the days when Fort Wayne was just a few hundred settlers who made a living trading furs with the Indians.
IndyBar: Executive Director Celebrated as President of National Organization
IndyBar Executive Director Julie Armstrong officially became the president of the National Association of Bar Executives on August 8 at the association’s annual meeting in San Francisco.
DTCI: Catch It While You Can — Pursuing a Prejudgment Attachment
Who among us has not had a client who elected not to bring a lawsuit against another party for fear of never being able to collect a judgment? Perhaps worse, we are sure many of us have pursued a case for a client all the way to trial or judgment, only to have the opposing party seek bankruptcy protection at the 11th hour. Fortunately, Indiana law provides an underused opportunity to earn protection and security for your clients when faced with the uncertainty of whether a case is worth pursuing for fear little or no recovery.
Plaintiffs challenge Mich. redistricting panel’s independence
The release of emails in the gerrymandering lawsuit brought by the League of Women Voters spurred Michigan residents to strip their legislators of redistricting duties and turn the mapmaking over to an independent commission. However, a new federal lawsuit is challenging the new body, asserting the exclusion of certain individuals violates the First and 14th amendments.
Are noncompetes overly broad?
This year, a group of unions, employment law attorneys and other labor organizations petitioned the Federal Trade Commission to ban noncompete agreements. But while there are some instances where a restrictive covenant can be too restrictive, experts say there are also instances where noncompete clauses are legitimate.
Open House: Plews Shadley transforms mid-century office to modern
Tired. That’s how Chris Braun described the former state of the building at 1350 N. Delaware St. in Indianapolis, the newest addition to the Plews Shadley Racher & Braun campus on the city’s Old Northside. But a recent renovation gave a new lease on life to a mid-century landmark.
Moorhead: Managing workplaces as marijuana, CBD, vaping tolerance grows
The landscape of the modern workplace is changing. Surrounding states have legalized marijuana. CBD oil has entered the Indiana market. And vaping is growing at an unprecedented rate. As these changes materialize in the workforce, employers are left asking, What what are these substances? Are they legal? And how can employers prepare themselves before these problems appear at their places of business?
Long partisan gerrymandering fight ends, but struggle continues
For a team of Indiana lawyers who successfully litigated a case contesting partisan gerrymandering in Michigan, a recent U.S. Supreme Court decision was a disappointment that likely will vacate the judgment in their favor. Legal observers say the issue now will be fought in statehouses across the country.
Law schools tweaking, innovating admissions process as numbers rise
Ever since the University of Arizona James E. Rogers College of Law began accepting GRE scores in lieu of the LSAT in 2016, the list of law schools that consider applicants who submit only Graduate Record Exam results is growing. So are the other innovative ways law schools in Indiana and elsewhere are measuring the likely success of potential students.
10/11 – Sylvia’s Story: Mendez v. Westminster (Indianapolis)
Celebrate Hispanic Heritage Month with living legal legend Sylvia Mendez Join the U.S. District Court and the Indiana State Bar Association to celebrate Hispanic Heritage Month. We will welcome Ms. Sylvia Mendez, who, as a nine-year-old girl, participated in a landmark legal battle to desegregate California public schools. The case, Mendez v. Westminster, preceded Brown v. […]
12/20 – Federal Civil Practice Update for the Southern District of Indiana (Indianapolis)
Practical Tips from the Bench and the Bar Featured speakers: Co-chairs: John Maley, Barnes & Thornburg Offer Korin, Katz Korin Cunningham from the Southern District of Indiana Chief Judge Jane Magnus-Stinson District Judge Richard Young District Judge James Sweeney II Magistrate Judge Matthew Brookman District Judge Damon Leichty, Northern District of Indiana Donald Wall, Counsel […]
11/19 – Issues in White and Blue Collar Criminal Investigations and Prosecutions (Indianapolis)
Presenters: James Bell, Paganelli Law Group, Program Chair & Moderator Winfield Ong, Law Office of Winfield D. Ong Jonathan Bont, Paganelli Law Group Mike Gaerte, Bingham Greenebaum Doll LLP Richard Kiefer, Bingham Greenebaum Doll LLP Click here for more details. Date: Tuesday, November 19, 2019 Time: 1:30 – 3:45 pm Registration begins at 1:00 pm Credit […]
12/11 – Family Law & Ethics CLE (Indianapolis)
Featured speakers: James Reed, Bingham Greenebaum Doll, Program Chair › New legacy trust statute and its impact on family law Justin Jones, Bingham Greenebaum Doll › Estate planning and trusts review for the family law attorney Kyle Montrose, Bingham Greenebaum Doll › “Impermissible threats” Click here for more details. Date: Wednesday, December 11, 2019 Time: 1:30 […]
Ex-East Chicago health offical’s suit over firing proceeds in part
A former East Chicago city employee who has alleged her constitutional rights were violated when she was fired from the city Health Department in 2015 has secured a partial victory from the Northern Indiana District Court, which also ruled partially in favor of city officials.
Opinions Aug. 20, 2019
Indiana Court of Appeals
Clifton E. Sharp v. State of Indiana, and Brianna Finney
19A-CR-467
Criminal. Affirms and reverses in part the Clark Circuit Court’s ruling that the Estate of Clifton Sharp had standing to make a claim for bond money posted for Sharp by Brianna Finney, but summary judgment should be entered in favor of Finney. Finds the trial court properly concluded the estate had standing, but improperly entered judgment beyond that issue because there are factual matters to be developed. Remands for proceedings.
Appellate court reverses TPR for speculative incarceration
A Vigo County father’s parental rights must be restored, the Indiana Court of Appeals has ruled, finding evidence that he might be incarcerated for several years insufficient to support a termination order.
Indiana mom gets 12 years in prison after pulling son’s feeding tube
A Terre Haute woman has been sentenced to 12 years in prison for neglect in the death of her infant son whose feeding tube was removed.
New Castle prison employee smuggled wedding ring, investigators say
Authorities say a prison food employee who was smitten with an Indiana inmate smuggled a wedding ring behind bars. Investigators at the Department of Correction quote 46-year-old Rebecca Landers as saying she was in love with Chad Shackelford and planned to have him move in with her when he’s released in 2022.