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.
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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.
Multi-county public defender bill before Senate committee
A Senate bill that would allow the Indiana Public Defender Commission to create guidelines for a multi-county public defender’s office will be heard by a committee Tuesday.
Valpo Law School plans to continue operations through May 2020
Valparaiso Law School has indicated it plans to remain open through the 2019-2020 academic year to teach-out the last class of students slated to graduate from the 139-year-old institution.
Full Senate set to consider juvenile attempted murder waiver legislation
The full Indiana Senate on Tuesday will consider legislation that would waive Hoosier children as young as 12 into adult court if they are charged with attempted murder.
House Ethics Committee to vote on sexual harassment policy
Indiana lawmakers will meet tomorrow to vote on proposed language that would make it an ethical violation for state representatives to commit sexual harassment, a move that comes as high-ranking elected officials are facing harassment allegations of their own. The House Statutory Committee on Ethics will vote on amended language of the House Code of Ethics upon adjournment of the House session on Tuesday.
Indiana residents face long wait for newly available adoption records
Indiana residents who were adopted as children are waiting longer than expected to get access to previously closed adoption records as one state agency struggles to handle thousands of requests. The state Department of Health has received more than 3,300 requests for adoption records since a July law made such information available to adoptees.
Shutdown goes on as Trump offer doesn’t budge Democrats
Thirty-one days into the partial government shutdown, Democrats and Republicans appeared no closer to ending the impasse than when it began, with President Donald Trump lashing out at his opponents after they dismissed a plan he’d billed as a compromise.
Supreme Court inaction suggests DACA safe for another year
The Obama-era program that shields young immigrants from deportation and that President Donald Trump has sought to end seems likely to survive for at least another year. That’s because the Supreme Court took no action Friday on the Trump administration’s request to decide by early summer whether Trump’s bid to end the Deferred Action for Childhood Arrivals program was legal.
South Bend police wiretapping dispute continues
A long-running dispute over wiretapping within an Indiana police department will continue and could go to trial after city officials rejected a proposed agreement with officers who want to block the tapes’ release. The South Bend Common Council last week unanimously voted to reject any settlement agreement that may have been reached in mediation.
Deadline nears for Leadership in Law Awards nominations
Only one week remains to submit nominations for Indiana Lawyer’s Leadership in Law Awards. Entries for the 2019 Up and Coming Lawyer and Distinguished Barrister awards will be accepted until noon Friday, Jan. 25.
Opinions Jan. 18, 2019
Indiana Court of Appeals
Buddy & Pals III, Inc., Buddy & Pals II, Inc., Buddy & Pals Inc., Timothy Heidbreder, and William Frank Bailey, Jr. v. Christopher Falaschetti
18A-CT-1811
Civil tort. Affirms the denial of summary judgment to Buddy & Pals III, Inc. on Christopher Falaschetti’s negligence claim after he was punched by William Bailey upon Bailey’s ejection from the bar. Finds the bar had a duty to take precautions to protect its other patrons because Bailey’s violence was foreseeable.
Recovery home founder gets early prison release in drug case after SCOTIN review
The founder of a drug recovery home for women in southern Indiana has been released from prison just weeks after the state’s high court revised her original 30-year drug-related sentence. Lisa Livingston was released Wednesday from Rockville Correctional Facility after serving nine months.
Parents surrender on charges in 4-month-old’s heroin death
The parents of a 4-month-old boy who are facing neglect charges after the child died last February of heroin intoxication in Madison County have turned themselves in to authorities. The Madison County Prosecutor’s Office this month charged 28-year-old Daniel E. Jones and 29-year-old Tiffany McNutt of Alexandria with felony neglect of a dependent.
COA: Sports bar owed duty to man punched by drunk patron
A Lake County sports bar lost its appeal against a patron suing for personal injury when the Indiana Court of Appeals found it was foreseeable to the bar that one of its drunk patron’s was looking for a fight.
IU McKinney deans take on new roles at law school, IUPUI
Two Indiana University Robert H. McKinney School of Law deans have taken on new roles at the law school and at Indiana University-Purdue University Indianapolis. Assistant dean of student affairs Johnny Pryor and assistant dean of professional development Chasity Thompson both stepped into new positions this week.