Judge sides with Philadelphia in ‘sanctuary cities’ case
A federal judge in Philadelphia on Wednesday blocked the U.S. government from withholding a major grant that pays for public safety equipment because Philadelphia is a “sanctuary city.”
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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.
Bankruptcy court enters three general orders
The Southern Indiana District Bankruptcy Court has adopted three new general orders that amend local rules, forms and fee schedules.
COA rules woman cannot receive maintenance, attorney fees from ex-husband
A Boone county woman cannot recover attorney fees and maintenance from her ex-husband after the Indiana Court of Appeals determined the postnuptial agreement they entered into 40 years ago waived her right to such recovery.
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.
Anderson man allegedly claimed he worked for Pence security
An Anderson man faces charges alleging that he claimed to be an undercover agent working for Vice President Mike Pence’s security detail while threatening a hospital executive.
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.
Indiana attorney general gets spot with big campaign backer
Indiana's attorney general is joining the executive committee of the Washington-based political group that financed much of his campaign last year.
Opinions Nov. 14, 2017
Indiana Court of Appeals
Glenn Dillard v. State of Indiana (mem. dec.)
49A05-1706-CR-1189
Criminal. Affirms trial court’s conviction of Class A misdemeanor dealing in paraphernalia, finding that the evidence is sufficient.
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.
IndyBar: G. Pearson Smith Receives the 2017 Patricia Paxton Wagner Award
G. Pearson Smith, Bose McKinney & Evans LLP, has been named the 2017 recipient of the IndyBar Estate Planning & Administration Section’s Patricia Paxton Wagner Award for Excellence in Estate Planning and Administration.
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.
Menendez jury resumes as possible mistrial looms
Jurors in the bribery trial of U.S. Sen. Bob Menendez will resume deliberations Tuesday, a day after they told the judge they are at an impasse.