Indianapolis mayor eyes anti-crime steps
Indianapolis officials say they’ll continue boosting the size of the city’s police force and expanding support for neighborhood anti-crime efforts in response to a seven-year trend of increasing homicides.
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Opioid crisis strains foster system
The case arrives with all the routine of a traffic citation: A baby boy, just 4 days old and exposed to heroin in his mother’s womb, is shuddering through withdrawal in intensive care, his fate now here in a shabby courthouse that hosts a parade of human misery.
Departing Pence Hensel partners become highly prized lateral hires
The friendship attorneys Linda Pence and David Hensel started in 1990 continues, but the high-profile criminal-defense firm they began in 2010 has closed, sending the founding partners to growing firms in Indianapolis where they will each start practice groups for white-collar crime.
Legal community seeks answers for law schools’ woes
With the closing of Indiana Tech School of Law and an uncertain future for Valparaiso University School of Law, experts say there are no easy answers for the pressures facing legal education.
Revving into high gear, attorney Polak takes wheel at TradeRev
Becca Polak was tapped to lead TradeRev, a business that enables car dealers to buy and sell vehicles digitally. An affiliate of KAR Auction Services, Inc., TradeRev aims to expand its offerings and move it into a largely untapped segment of the auto market. That's Polak's charge, along with fulfilling her other duties as chief legal officer and secretary for KAR.
Polak and Elrod: Joint ownership and implied license disputes in copyrights
With the increasing complexity between business relationships and joint ventures today, it is difficult for companies to know when they are putting their intellectual property in jeopardy. Copyrighted works of every type — from script and screenplay to software code or even a training manual — may fall victim to legal disputes because of a party’s introduction of their work to another.
Legal tech experts: Virtual reality is coming to courts
Though the prospect of virtual reality as a litigation tool seems improbable now, legal tech experts predict that in coming years, VR will appear regularly in courtrooms. That time is likely still years away, they said, but predecessor technology is already popping up in court now, preparing jurors, judges and attorneys for the day when futuristic technology becomes commonplace.
Banta: Supreme Court weighs patent invalidity case procedures
Accused infringers might have a greater incentive to save their patent invalidity arguments for federal court or International Trade Commission litigation after the U.S. Supreme Court renders its decision in SAS Institute, Inc. v. Matal, U.S., No. 16-969.
Federal Circuit decision nudges patent examiners to be reasonable
Although it only affirms what has been said before, a September decision from the Federal Circuit Court of Appeals is nevertheless surging in popularity among inventors and their attorneys because it reminds the U.S. Patent and Trademark Office that the standard of “broadest reasonable interpretation” for evaluating patent applications does not mean “broadest possible interpretation.”
Holcomb doubles Pence’s 4-year total of pardons in one day
Gov. Eric Holcomb issued six pardons on Nov. 20 — twice the absolutions granted by his predecessor, now-Vice President Mike Pence, during his four years as governor.
SCOTUS to decide whether patent challenges must be heard in court
In the wake of hefty attorney fees and an onslaught of what was viewed as unnecessary litigation filed by “patent trolls,” Congress authorized the Patent Trial and Appeal Board to begin conducting inter partes reviews of patent challenges in 2012 as an efficient and cost-effective alternative to patent litigation. But now, the popular IPR process could be in jeopardy as the United States Supreme Court considers whether federal law requires patent challenges to be adjudicated in court.
Task force researches improving Indiana’s public defender system
On the heels of criticism from a national organization and multiple lawsuits challenging Indiana’s public defender system, Indiana lawmakers and legal stakeholders are beginning to review the state’s public defense mechanisms to identify strategies for improvement.
Opinions Dec. 11, 2017
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. John Foster
17-1703
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms John Foster’s sentence to a mandatory minimum of 15 years under the Armed Career Criminal Act. Finds Indiana’s Class B felony burglary qualifies as a violent felony under the ACCA.
COA overturns summary judgment in contract dispute
In the second appeal stemming from a cancelled contract between Lake County and a delinquent tax collector, the Indiana Court of Appeals has reversed a grant of summary judgment in favor of the county based on its precedent from a previous 2015 decision.
7th Circuit upholds qualified immunity
The Department of Correction’s religious director was entitled to qualified immunity on a complaint alleging he violated two Jewish plaintiffs’ First Amendment rights by failing to delay their transfer to a facility that did not offer Jewish group worship services, the 7th Circuit Court of Appeals ruled Monday.
COA throws out handgun, driving with suspended license convictions
After determining an inventory search of a man’s car was actually investigatory in nature, the Indiana Court of Appeals overturned Monday the man’s conviction of possession of a handgun without a license. The court also threw out the man’s conviction of driving with a suspended license for lack of evidence.
Hill moves to intervene in case restricting local ICE detentions
Indiana Attorney General Curtis Hill has filed a motion to intervene in a federal immigration case after a district court judge entered a consent decree barring the Marion County Sheriff’s Office from detaining illegal immigrants for U.S. Immigration and Customs Enforcement without a warrant or probable cause. The decree implicates the state’s ability to enforce its own statutes, Hill argued, thus creating the need for the state to intervene and file an appeal.
7th Circuit upholds Armed Career Criminal Act sentence
An Indiana man sentenced to 15 years under the Armed Criminal Career Act has lost his appeal of his sentence after the 7th Circuit Court of Appeals determined he met the requirements of three prior violent offenses to warrant the Act’s mandatory 15-year minimum.
Citing civil forfeiture ruling, trial court returns seized property
Nearly four months after a district court judge struck down portions of Indiana’s civil forfeiture statute as unconstitutional, the effects of that decision are now being felt in Indiana’s trial courts, where a judge has ordered the return of seized property pursuant to the district court’s ruling.
COA grants rehearing, but declines to reconsider October opinion
After a granting petitions for rehearing and clarifying its instructions to the trial court on remand, the Indiana Court of Appeals declined Monday to reconsider its original October opinion in an appeal stemming from a series of eight robbery-related charges.