Indiana Court Decisions — June 5-19, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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DTCI: Young lawyers have active summer
DTCI Young Lawyers gathered for Happy Hour in the private pub room of The Tap in downtown Indianapolis on June 5. The event, hosted by Exponent, an engineering consultant firm, was a hit!
DTCI Letter to the Editor: Scope of discovery standard revisited
The Sedona Conference was delighted to be cited in David Beach and Ryan Cook’s timely article “DTCI: The Scope of Discovery Standard — Is It Time for an Update?” (May 29, 2019). Indeed we agree that the explosion of information and information sources and the rapid technological advancements have markedly changed the complexity of discovery.
DTCI: Revisiting Supplemental Awards under the Indiana Worker’s Compensation Act
Attorneys engaged in defending workers’ compensation claims in Indiana may occasionally encounter a situation in which a claimant chooses to maintain claims in multiple states arising out of the same incident or injury. Potential issues in practice may arise where injured workers pursue claims in multiple states, implicating res judicata and collateral estoppel concerns.
Internet of things in manufacturing creates new data, cybersecurity questions
These are the days of manufacturing 4.0, the name of the fourth industrial revolution marked by connectivity among the devices that keep a factory running. In an “internet of things” world, the industrial internet of things allows plant machinery and products to talk to each other and provide real-time data and updates on how the equipment is operating and how the products are functioning out in the market, creating new challenges for lawyers.
Subpoena showdown: Congressional fights highlight differences from court processes
The back-and-forth between Congress and the Trump administration over subpoenas might seem like a telltale sign of the political tension dividing Washington, but it’s historically not that uncommon. Subpoena fights, however, are much less common in state and federal courts.
AG Hill accusers file harassment, retaliation lawsuit against him, state
Another chapter has been opened in the ongoing saga surrounding allegations that Attorney General Curtis Hill drunkenly groped four women at a bar more than a year ago. The four women, who up to this point have pursued action within the Equal Employment Opportunity Commission, have now taken their complaint to the Southern Indiana District Court.
DCS lawsuit details harm to children
An 81-page lawsuit filed Tuesday against the Indiana Department of Child Services claims the agency is failing to protect children and further inflicting trauma by placing foster children in inappropriate, unstable or overly restrictive facilities and not providing the necessary medical and mental health care.
IndyBar: What Do You Do When the Custodial Parent Passes?
It’s a phone call or email that no family law attorney wants to hear in a divorce case — that the custodial parent has passed away in a case where the noncustodial parent had supervised parenting time. Apart from your own personal reaction, there are questions whirling through your mind — does custody automatically transfer to the other parent? Even if their parenting time was restricted? What action do I need to take regarding the custody of the child?
IndyBar: An Impact Fund Grant Truly Making an Impact
In 2018, the Indianapolis Bar Foundation (IBF) awarded its $50,000 Impact Fund Grant to Indiana Legal Services (ILS), an outstanding organization that provides legal services to the poor and indigent. Recently, ILS attorney Michael Hurst reported the group’s progress and use of that grant to create a new program to help people avoid eviction.
New laws for 2019
The following enrolled acts, followed in parentheses by their corresponding public law numbers, take effect July 1 unless otherwise noted below.
Census, redistricting top remaining Supreme Court cases
The Supreme Court enters its final week of decisions with two politically charged issues unresolved: whether to rein in political line-drawing for partisan gain and allow a citizenship question on the 2020 census.
Gary mom must get education, job after daughter’s shooting death
A northwestern Indiana woman who pleaded guilty to a reduced neglect charge stemming from her 2-year-old daughter’s shooting death has been ordered to take parenting classes, get an education, stay off drugs and find a job. Dashana Fowler of Gary was sentenced Monday to three years in a Community Transition Court for the Sept. 4 death of Jayla Miller.
Zipping into statutes: Overview of new laws for 2019
Although the $34 billion budget dominated the session, legislators introduced and considered more than 600 bills each in both the Senate and the House. The ones they passed covered a variety of matters, including hate crimes, hemp, gambling, foster parents, electricity generation and, of course, electric scooters.
Introduced, debated but not passed in the General Assembly
Not every bill introduced gains the traction needed to get to the governor’s desk. Many times, a proposed new law fails to get a committee hearing, or it stalls once it reaches the floor. Other times, as a measure progresses through the Statehouse, it ignites disagreements that are ultimately too much to overcome.
Dreyer: Should judges help litigants who don’t have lawyers?
In 2017, the Legal Services Corporation found 86 percent of civil legal problems of low-income Americans receive no or inadequate help. So what, if anything, should judges do when faced with people in court day after day without lawyers?
Stafford: New laws, plus what Indiana lawmakers didn’t do this year
Indiana Lawyer this edition presents our annual look back at what the General Assembly did this year. But our Legislature was also noteworthy for the many important things it failed to even discuss.
Letter to editor: Justice center comments beg response
Given the quote of Andy Mallon in the May 29-June 11, 2019, Indiana Lawyer addressing the contamination that has soaked the property of the proposed Marion County courthouse/jail project, a response is required.
Hammerle on… “Late Night,” “Dark Phoenix” and “The Dead Don’t Die”
Movie reviewer Robert Hammerle says “Late Night” has Oscar potential, “Dark Phoenix” is tiresome, and “The Dead Don’t Die” is entertaining, if underplayed.
Photo feature: Strawberry Festival fun
Hoosier attorneys step out of the office to help dish out strawberry shortcake on Monument Circle during the 54th annual Christ Church Cathedral Women’s Strawberry Festival on June 13.