Lake County Jail deal seeks to curb turnover, overtime
A county in northwestern Indiana has ratified a jail contract that increases jailers’ pay in an effort to curb turnover and overtime among corrections officers.
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Legislative Council agrees to study DCS
The Department of Child Services will get some special attention from the Indiana Legislature since the agency has been included in among the topics to be reviewed by an interim study committee.
Opinions May 15, 2018
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of B.W., Minor Child, and A.T., Mother v. The Indiana Department of Child Services (mem. dec.)
32A01-1709-JT-2041
Juvenile termination of parental rights. Affirms the termination of mother A.T.’s parental rights to her minor child, B.W. The evidence is sufficient to support the Hendricks Superior Court’s best interests determination.
Lawyer must face malpractice claim in ex-ballplayer’s unrepaid loan
An Indianapolis attorney must face a legal malpractice claim from a couple who allege the lawyer failed to adequately protect them and had a conflict of interest when he drafted a promissory note for a loan to a retired Major League Baseball player, who never repaid.
New attorneys take oaths, told to be civil and kind
During the Indiana Supreme Court Admission Ceremony Tuesday in downtown Indianapolis, the state’s newest attorneys were reminded that how they conduct themselves as human beings will be just as important in their careers as their knowledge of the law.
Babione: Manage employees’ use of “shadow IT” apps at work
In-house and outside counsel face many challenges managing company data. One significant challenge is employee use of software applications which are not part of the employer’s official information technology infrastructure. The use of technology outside the official IT structure (often called “shadow IT”) raises a variety of problems and potential costs for in-house counsel and others who deal with the organization’s data, such as outside litigation counsel.
McCauley: Treat cybersecurity as a risk factor in M&A due diligence
When it comes to due diligence in merger & acquisition transactions, cybersecurity should be a primary consideration for companies in all industries. Because what you don’t know about your target company could hurt you later.
ISBA Litigation Symposium to feature legal writing expert
Whether it’s a complaint, an arbitration agreement or an appellate brief, knowing how to economize words to make a point within a limited word count is a skill that all attorneys, particularly litigators, must master to succeed in the law. That’s why the Indiana State Bar Association’s Litigation Section will offer a writing workshop with an internationally known legal writing expert at its fourth annual Litigation Symposium in August.
NDLS alum’s ‘Ironclad’ aims to help lawyers focus on lawyering
Attorney-turned-technology-entrepreneur Jason Boehmig knew from his time working as a law firm associate that creating software for the legal profession would be complicated. The legal profession had not adopted technology like other industries such as sales, finance, and human resources, but Boehmig believed law firms and legal departments would inevitably start incorporating software and hardware specifically made to help attorneys do their jobs.
Among public defenders, cases rise but funding lags
Public defenders around Indiana say they need a life preserver made of money to stay afloat in the flood of child in need of services cases that has deluged state courts in recent years.
Court order to access smartphone stirs 5th amendment concerns
When does an action become testimonial? What role do technological advances play in Fifth Amendment analyses? When can law enforcement compel people to unlock their cellphones without infringing on constitutional rights? The Indiana Court of Appeals is grappling with those questions as it considers a Fifth Amendment case of first impression.
Senate confirmation votes give 7th Circuit full bench
The 7th Circuit Court of Appeals has a full bench after Monday’s confirmation of the final two judicial nominees, Judge Amy St. Eve and Michael Scudder. Members of the U.S. Senate approved St. Eve and Scudder in rare bipartisan votes of 91-0 and 90-0, respectively.
Lawyer hit with $150K infringement judgment says he wasn’t served notice
An Indianapolis attorney ordered to pay more than $150,000 in copyright infringement damages to another lawyer for using his Indianapolis skyline photo without permission claims in court that he never received notice of the suit against him.
Disciplinary Actions – May 16, 2018
Read who has been suspended from the practice of law by the Indiana Supreme Court during the most recent reporting period.
Ex-officer pleads guilty but mentally ill after 2016 crash
A former Lake County sheriff’s officer who authorities say struck and killed a man with his squad car while intoxicated at the 2016 Gary Air Show has pleaded guilty but mentally ill.
South Bend fails to override veto of anti-abortion rezoning
The South Bend Common Council failed to override the mayor’s veto of its decision to allow an anti-abortion rights center to open next to a proposed abortion clinic.
Indianapolis police arrest protesters blocking traffic
Indianapolis police arrested several people who blocked a street outside the Statehouse as part of a nonviolent protest against poverty, racism and other issues. At least 14 demonstrators reportedly were arrested.
IU had 56 reports alleging employee sexual misconduct
More than 50 reports alleging sexual misconduct by Indiana University employees across all campuses were filed from July 2016 to June 2017. The Bloomington campus had 17 reports and the Indiana University-Purdue University campus in Indianapolis had 21.
Supreme Court greenlights driver rights in rental car case
The U.S. Supreme Court ruled Monday that people who borrow rental cars from friends or family are generally entitled to the same protections against police searches as the authorized driver.
IndyBar: Social Media, Family Law and Defamation
Facebook posts have long served as a treasure trove of evidence for family law attorneys, especially before Facebook allowed you to change your privacy settings. Under the recently published Zerlie Charles v. Vickie D. Vest, 72A01-1706-SC-01252, the Court of Appeals held that certain Facebook posts meet the definition of defamation per se.