Hammerle on … “How to Train Your Dragon: The Hidden World,” “Capernaum”
Movie reviewer Robert Hammerle finds much to like in the third installment of the animated “Dragon” series and emotional overload in the powerful Middle East film “Capernaum.”
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IndyBar: Set the Rules — Opportunity for Additional Parenting Time vs. Make-Up Time
If you’re a family law practitioner, you always hope that your clients who are co-parents can figure out their own parenting plan and adjust it as necessary when life happens. The best scenarios are when parents are flexible and child-focused in their plans. But what happens when they are not?
JLAP: Help available for legal professionals dealing with grief, loss
Law students, lawyers, judges, and members of the legal realm are no more immune to grief and loss than the next person; it does not discriminate.
IndyBar: Student Loan Debt Got You Down?
The Indianapolis Bar Association and Indiana University Robert H. McKinney School of Law are conducting listening sessions to young lawyers with law school student loan debt on March 26 and April 11.
Bont: Pinstriped pants and handcuffs: Inside a high-profile case
In an ironic example of the blue-collar/white-collar dichotomy in golf, right around the time that Tiger Woods was running his Escalade into a fire hydrant after failing to keep Vegas in Vegas, Phil Mickelson found himself subjected to an insider trading investigation.
Stafford: Indiana’s high court gets just reward in 9-0 rebuff
Take your pick from the political spectrum: Justices Ruth Bader Ginsburg and Clarence Thomas each wrote eloquently in rejecting the Indiana Supreme Court’s tortured logic in an extreme civil forfeiture case. Thank goodness.
DTCI: The Sanctity of the Hoosier Paycheck
Wage and labor litigation is the hot new cottage industry. With a mandatory award of attorney fees and risk for substantial defense costs, lawsuits for unpaid wages arising under state and federal law should heighten employers’ review of just what goes in, and what gets taken out of, one of the most sacred covenants of employment: the paycheck.
Marquez: Who is following you on Facebook, and what can you do?
Never-ending speculation about eavesdropping swirls around Facebook as it proclaims it takes privacy very seriously. While users can adjust settings, many are unaware of options at their fingertips.
Indiana leads 20-state coalition’s whistleblower brief
A scheme to award a multi-million-dollar no-bid subcontract to provide security in Iraq during the cleanup of munitions has put the spotlight on the federal False Claims Act and raised concerns among states, including Indiana, that a narrower interpretation of the long-standing statute could impact their ability to recover in whistleblower complaints.
Indiana Court Decisions — Feb. 14-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Charlestown residents challenging sale of water utility
A group of residents from Charlestown is challenging the sale of the local water utility to Indiana-American Water, a transaction that comes with a $13.4 million price tag. Charlestown officials say the sale will improve the local water quality in the long run while mitigating rate increases, but the challenging residents claim the opposite.
Legal aid initiative enables those with disabilities
Tangram, a nonprofit in Indianapolis that provides support for individuals with disabilities, joined forces in 2016 with Indiana Legal Services to launch the Providing Legal Assistance to Individuals with Disabilities initiative. PLAID assistance has since improved the lives of hundreds of clients statewide.
Judiciary faces ‘political’ task in border wall emergency declaration
The question for courts hearing challenges to President Donald Trump’s national emergency declaration is not as simple as deciding whetherthe action is legal; they also must determine the extent of congressional and presidential powers, the meaning of relevant statutes and how much deference to give a president asserting executive authority.
SCOTUS to determine when permits are necessary to pollute navigable waters
The US Supreme Court is reviewing a lower court ruling that seemingly expands the Clean Water Act. Under the 9th Circuit’s decision, any pollutant found in navigable water that is “fairly traceable” to a permittable discharge source is subject to permitting requirements, even if the source of the pollutant does not discharge directly into a navigable water.
SCOTUS decision in Timbs civil forfeiture case just a start
The US Supreme Court decision in a landmark Indiana civil forfeiture case ruled that the Eighth Amendment Excessive Fines Clause is incorporated to the states, but Justice Ruth Bader Ginsburg’s opinion declined to answer one key question: When does the Eighth Amendment prohibit civil forfeiture?
Ruling in smart meter case highlights privacy concerns
A ruling from the 7th Circuit Court of Appeals about smart meters inspired contradictory reactions as the appellate panel held that data collected through the devices by a public utility is protected by the Fourth Amendment, but then, in the next breath, found the search by the Naperville, Illinois, power company was reasonable.
Legislation aims to tame ‘Wild West’ nature of land contracts
A bill that passed through the Indiana House 82-14 and is now in the Senate would protect families from predatory land contracts. Provisions would require buyers be told the value of the property and how much they will ultimately pay for it if they complete the terms of the agreement, among other protections.
Opinions March 4, 2019
Indiana Court of Appeals
FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC v. Meritain Health, Inc., et al.
18A-PL-1349
Civil plenary. Affirms the St. Joseph Superior Court’s award of summary judgement in favor of Meritain Health, Inc., Beacon Health System, Inc., Beacon Health System Group Benefit Plan, Beacon Health System Group Benefit Plan – Union Plan, University of Notre Dame Du Lac, University of Notre Dame CHA HMO Plan (Medical), University of Notre Dame Select HMO Plan (Medical), and University of Notre Dame PPO Plan (Medical). Finds breach of contract and promissory estoppel claims presented by FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC, are pre-empted under the Employee Retirement Income Security Act. Concludes summary judgment was properly awarded to the Beacon Health and Notre Dame plans.
Divided COA: Amendment bars sex offender from son’s school activities
A registered sex offender previously able to attend his son’s school activities per a trial court-granted request was denied that exception Monday when the Indiana Court of Appeals determined an amended statute barred him from entering school property.
$50M HHGregg suit attacks insiders for accepting customer deposits to very end
A lawsuit quietly wending its way through a Marion County court zings former HHGregg CEO Bob Riesbeck and three other insiders of the failed chain, alleging they allowed it to continue accepting customers’ deposits on merchandise long after its tailspin cast doubt on whether it had the financial wherewithal or inventory to fulfill the orders.