Indiana Court Decisions
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Wilson: Use Word sequence fields to speed up discovery drafting
This article will be a collection of three tips that can be used to speed up the various portions of discovery document drafting. Combining the formatting and these tips will help increase your efficiency when using Microsoft Word.
Charlestown land dispute pits city against its lower-income residents
The state of some World War II-era homes has given rise to a contentious property rights dispute between the Charlestown city administration and residents of the city’s Pleasant Ridge neighborhood.
DTCI: Legal malpractice — the labyrinth of ‘a case-within-a-case’
Legal malpractice cases are unique negligence actions where the parties must litigate a “case-within-a-case.” It is ironic that, within this framework, the malpractice lawyer who is defending an attorney-client often must argue against the merits of a cause of action or an issue that the attorney-client once advocated.
Robinson: The retirement conundrum
Lawyers routinely resolve other people’s problems, and often carry their clients’ burdens. However, lawyers may not do as well in addressing their own issues, such as preparing for a healthy and rewarding retirement.
Community involvement up, voting down among Hoosiers
The Indiana Bar Foundation’s 2017 Civic Health Index found Hoosiers were more actively participating in most aspects of community life than in past years, except for voting.
Stafford: Welcoming new lawyers and new beginnings
October 16 was a transformative day for nearly 300 people who took the oath to be admitted to the Indiana Bar as new attorneys. It also was a transitional day at The Indiana Lawyer.
Newton: NDLS meets legal market challenges with specialized programs
In expanding its real estate law and IP and technology law programs, Notre Dame Law School benefits from the wider university’s academic resources.
Defense lawyer Kammen says no to returning to Guantanamo
The slow, plodding case against the accused USS Cole bombing mastermind took a couple of sharp turns in recent weeks that left lead defense counsel, Indianapolis attorney Richard Kammen, even more frustrated and feeling a “profound sense of loss.”
DOC sex offender program faces Fifth Amendment test
The question of whether Indiana’s treatment program for convicted sex offenders is constitutional is not only providing a case of first impression for the 7th Circuit Court of Appeals but could also give the U.S. Supreme Court the opportunity to clear the confusion over when a prison violates an inmate’s Fifth Amendment rights against self-incrimination.
Delegating design raises importance of construction contracts
The pressure to complete designs quickly and save money, along with the increasing complexity of mechanical systems within commercial structures, are prompting more parties in the construction project to take on design responsibilities. Contracts are key to avoiding future conflicts.
Career coaching program provides instant feedback to associates
A cultural shift is happening in the practice of law. As more millennials join law firms, their way of thinking, working and learning is slowly becoming the norm as older attorneys and their customs retire from the profession.
No longer a taxing process of review
When Department of Revenue Commissioner Adam Krupp took over the department in January, he decided to revamp its policies to focus more on customer service. Working alongside general counsel Patrick Price, Krupp implemented a new customer-oriented protest review system that has slashed taxpayer wait times and also helped increase efficiency at the Tax Court.
Legal profession celebrates CLE at 30, calls for change
The special presentation commemorating 30 years of continuing legal education in Indiana relied on a format that, according to some participants, is already outdated and should be abandoned long before the 60-year celebration.
Evansville to host national Mock Trial contest in 2020
Evansville will host the National High School Mock Trial Championship in 2020, the Indiana Bar Foundation and the city of Evansville announced Monday.
Indianapolis attorney Kammen says order to return to Guantanamo Bay is ‘illegal’
Kammen & Moudy partner Richard Kammen, lead defense counsel for accused USS Cole bombing mastermind Abd al-Rahim al-Nashiri, quit for ethical reasons Oct. 13. He and his co-counsel had been ordered to appear at a hearing scheduled at the detention camp Oct. 30 but, Kammen confirmed, none of the attorneys boarded the flight which left Oct. 29 from Andrews Air Force Base and was bound for Guantanamo Bay.
COA rules for Purdue profs who complained about colleague
After filing a complaint against a coworker who made derogatory remarks toward other professors and the Islamic religion, a group of Purdue University professors have been granted their cross-motion for summary judgment against the coworker, who filed numerous First Amendment claims against them.
Opinions Oct. 30, 2017
The following Indiana Tax Court opinion was posted after IL deadline Friday:
American United Life Insurance Company v. Indiana Department of State Revenue
49T10-1610-TA-53
Tax. Affirms American United Life Insurance Company’s motion for summary judgment and denies the Indiana Department of State Revenue’s cross-motion for summary judgment on AUL’s claim for a refund. Denies the department’s motion to designate the affidavit of Ray Langenberg. Finds the motion to designate was not timely filed. Also finds Indiana Code section 6-2.5-3-5 does not exclude local-level taxes. Finally, finds AUL paid a use tax to a state other than Indiana when it paid the Texas comptroller.
COA tosses two convictions against man who drove into gas pumps
A man who intentionally drove a vehicle into gas pumps during an argument with his son will have two of his convictions thrown out after the Indiana Court of Appeals determined those convictions were based on the same evidence as other similar convictions and, thus, violated double jeopardy.
COA: Illinois and Indiana aggravated battery statutes not substantially similar
The Indiana Court of Appeals has reversed a man’s felony conviction of unlawful possession of a firearm by a serious violent felon after determining the Illinois aggravated battery statute used to establish the man as a serious violent felon is not substantially similar to the same statute in Indiana.