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Opinions Nov. 15, 2017

Indiana Court of Appeals
George A. Buskirk v. Maureen Buskirk
06A01-1610-DR-2296
Domestic relation. Reverses the Boone Circuit Court’s order finding a postnuptial agreement unenforceable and ordering that George A. Buskirk pay Maureen Buskirk maintenance and her attorney fees. Finds the agreement was entered into as a reconciliation agreement, was made with valid consideration, set forth the parties’ intent to waive any rights to property of the other and is enforceable.

State pays $1.2M to settle suit over DCS search of vet’s office

The state of Indiana will pay an Indianapolis veterinarian $1.2 million to settle a lawsuit she filed claiming a Department of Child Services case manager conducted an illegal search of her office then posted a notice falsely informing her that her children had been removed from her home.

Head of alcohol commission ‘bothered’ by lobbyist booze deal

The chairwoman of an Indianapolis commission reviewing Indiana’s antiquated alcohol laws said Tuesday that she was troubled by the actions of two powerful lobbying groups that recently announced a deal which they claim will lead to the elimination of a retail Sunday alcohol sales ban.

Indianapolis sues drug companies for opioid crisis

The city of Indianapolis is making good on its promise to sue some of the country’s largest opioid manufacturers and distributors and is seeking compensation for their role in the worsening opioid crisis that is “ravaging” the city.

Magnus-Stinson issues warning to parties filing frivolous motions

Indiana Southern District Chief Judge Jane Magnus-Stinson has issued a stern warning to any defendants considering filing an affirmative defense of failure to exhaust administrative remedies under the Prison Litigation Reform Act – provide evidence to support that claim or abandon the defense entirely.

Justices to review who can waive rights of mentally ill

The Indiana Supreme Court will decide whether trial courts have authority to waive respondents’ rights to be present at their mental health commitment hearings after granting transfer to a case in which a man was not present for his commitment hearing.

Minkler appointed to U.S. Attorney advisory committee

Joshua Minkler, U.S. Attorney for the Southern District of Indiana, is among nine U.S. attorneys appointed to serve a two-year term on the Attorney General’s Advisory Committee of U.S. Attorneys, the U.S. Department of Justice announced Monday.

IndyBar: Volunteers Needed for Free Wills Clinic

Attorneys, paralegals and law students are needed as volunteers to do intake, conduct private legal consultations with qualified applicants, draft paperwork and witness document signing.

Trump’s AG considers special counsel in uranium deal

Attorney General Jeff Sessions is leaving open the possibility that special counsel could be appointed to look into Clinton Foundation dealings and an Obama-era uranium deal, the Justice Department said in response to concerns from Republican lawmakers.

IndyBar: Behind the Blog — Meet Marcia J. Oddi

Every year the Indianapolis Bar Association’s Women & the Law Division honors one woman from the Indianapolis legal community with the Antoinette Dakin Leach Award. This year’s recipient is Marcia J. Oddi, creator and publisher of the Indiana Law Blog.

IndyBar: Nissa’s News

I know that there are several members of our legal community who have experienced the loss of a loved one or cherished colleague and for whom the upcoming holiday season will be different and difficult. Loretta Oleksy, Deputy Director of the Indiana Judges and Lawyers Assistance Program (JLAP), has useful advice to share.

Is gun maker liable? Court takes up Newtown shooting case

With both gun rights supporters and gun control advocates nationwide looking on, lawyers for Newtown families and gun maker Remington Arms are set to face off Tuesday before the Connecticut Supreme Court to argue whether the company should be held liable for the Sandy Hook Elementary School massacre.

Alcohol review panel set to meet at Indiana Statehouse

A legislative commission created to review Indiana’s antiquated booze laws will meet just days after two powerful lobbying groups presented their own alcohol plan as one that will win lawmakers’ approval.