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Indiana Court Decisions — Jan. 3-17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Disciplinary Actions
See who has been disbarred or suspended during the most recent reporting period.
Hammerle On … “On the Basis of Sex,” “If Beale Street Could Talk”
Movie reviewer Robert Hammerle says a new film about Justice Ruth Bader Ginsburg should be required viewing, while “If Beale Street Could Talk” is Oscar-worthy, if heartbreaking.
Incoming law dean Cole brings ‘lifelong love for Notre Dame’
Any other law school probably would not have sparked G. Marcus Cole’s interest. “I’ve always had a lifelong love for (the University of) Notre Dame and what it stands for,” said Cole, who recently was named the incoming dean. “It was someplace I always wanted to be.”
DTCI: Indiana Trial Rule 6(E): A fickle savior on filing deadlines?
It’s 2 o’clock on a random Wednesday morning, and you just woke up realizing you failed to respond to requests for admissions that were due yesterday. In the immortal words of Homer Simpson: “D’Oh!” Not to fear, because Indiana Trial Rule 6(E) is your savior! Or is it?
Federal Bar Update: The 3-business-day provision for seeking extensions of time
Effective Dec. 1, the Southern District of Indiana adopted various Local Rules amendments, specifically to Local Rules 5-2, 5-3 and 5-7 (electronic filing); Local Rule 6-1 (extensions of time); Local Rule 81-2 (removed actions), and; Local Rule 83-5 (admission). The amendments to Local Rule 6-1(a) are significant in that they impact the process of seeking extensions of time for filing deadlines.
JLAP: Lawyer wellness push extends beyond law firms
The recent emphasis on lawyer well-being is not limited to private law firms. Corporate legal departments, the public sector and other legal employers are embracing some of the wellness initiatives being implemented at many law firms.
Bar groups oppose expanded grandparent visitation bill
The Indiana Senate Judiciary Committee pumped the brakes on a bill that would allow grandparents and great-grandparents to seek visitation with their grandchildren despite estrangements with the children’s parents after two leading Indiana bar association groups spoke out against the proposed legislation. Head Committee chairman Sen. Randy Head declined to call for a vote […]
DCS still drawing numerous reform bills in Legislature
Legislators in 2018 introduced a slew of bills trying to bring more collaboration and modest adjustments to the Department of Child Services. Lawmakers this year have introduced at least 25 bills impacting CHINS, foster parents and DCS caseloads, among other things.
Indiana case shines spotlight on solitary confinement
No one denies that Aaron Isby-Israel made bad, even criminal, choices that landed him in the Indiana Department of Correction. What is disputed is whether Isby should have remained in solitary confinement for a total of 28 years.
High court lets military implement transgender restrictions
The Supreme Court on Tuesday allowed the Trump administration to go ahead with its plan to restrict military service by transgender people while court challenges continue. The high court split 5-4 in allowing the plan to take effect, with the court’s five conservatives greenlighting it and its four liberal members saying they would not have.
Thornburg & Wiser: On pre-emption of claims against freight brokers, shippers
The viability of theories of liability for shippers, freight brokers and other parties in the distribution chain in trucking accident litigation is now being tested across the country.
Feary & Cohen: Changes might affect transportation independent contractors
The “gig” economy has brought increased attention to the use and meaning of independent contractors in America. With increased focus comes a change in how states attempt to define the work status of independent contractors, and if paternal protections should be offered to such workers.
David & English: Is police body cam video admissible in transportation litigation?
Police body-worn camera footage is becoming more prevalent in transportation personal injury lawsuits, but there are some key considerations regarding admissibility.
Bill proposes notice for trains blocking crossings 10 minutes
After the Indiana Supreme Court struck down a state law allowing railroads to be fined for lengthy blockages of train crossings, legislation filed in the 2019 General Assembly seeks another avenue of relief for Hoosier motorists held up by trains, especially motorists driving emergency responders.
Notre Dame law students help women, children seeking asylum
Students and faculty from Notre Dame Law School and local immigration advocates volunteered over the holidays with the Dilley Pro Bono Project in Texas, which helps women and their children seeking asylum in the United States.
Sexual harassment bills target public official misconduct
After sexual misconduct and harassment allegations were leveled at Attorney General Curtis Hill and House Speaker Brian Bosma, harassment-related legislation is again being considered by the General Assembly, this year taking specific aim at accused elected officials.
Laterals remain prized law firm commodity, but offices also tapping new attorneys
Six intellectual property attorneys walked out of one law firm, boarded the elevator in their downtown Indianapolis office building and pushed the button for a competing law firm on the 19th floor. Thus, Frost Brown Todd last month bolstered its Indianapolis IP practice group by luring the entire intellectual property team from SmithAmundsen’s Indiana office. The move underscored what law firms say is a competitive job market where experienced lawyers are the hottest commodity.
Rush stresses ‘customer service’ during 2019 State of the Judiciary
With a theme of “Addressing the Needs of our Customers,” Indiana courts plan to emphasize quality customer service in 2019, Chief Justice Loretta Rush said in her State of the Judiciary address.
