Judicial committee narrowly approves 7th Circuit nominee Barrett
The U.S. Senate Committee on the Judiciary voted along party lines Thursday to approve Amy Coney Barrett’s nomination to the 7th Circuit Court of Appeals.
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Indianapolis preparing to sue opioid makers, distributors
The city of Indianapolis is preparing to take legal action against the makers and distributors of opioids, Mayor Joe Hogsett announced Thursday morning at a press conference.
Comment sought on changes to problem-solving courts, administrative, trial rules
Indiana residents and legal professionals this month can offer their perspectives on proposed amendments to the rules of the state’s problem-solving courts and other administrative and trial rules .
COA sends securities fraud claim to trial
A claim of securities fraud against an Indiana health company must proceed to trial after the Indiana Court of Appeals determined the trial court erred by striking a request for a jury trial without the consent of both parties.
Opinions Oct. 4, 2017
Indiana Court of Appeals
Cardinal Health Ventures, Inc v. Michael Scanameo, M.D., Carol Scanameo, and Michael Scanameo, M.D., Inc
18A02-1703-CT-487
Civil tort. Reverses the Delaware Circuit Court’s order granting Michael Scanameo, M.D., Carol Scanameo and Michael Scanameo, M.D. Inc.’s request to strike their motion for a jury trial on their claim of securities fraud against Cardinal Health Ventures Inc. Finds the trial court erred in granting the Scanameos’ motion because Cardinal Health did not consent to the motion. Remands with instruction to the trial court to re-set the case on the jury trial calendar.
Poll: Most Americans believe their jobs are safe from automation
Most Americans believe their jobs are safe from the spread of automation and robotics, at least during their lifetimes, and only a handful says automation has cost them a job or loss of income.
Travel ban lawsuits filed by legal center, Muslim advocates
A coalition of Muslim and Iranian-American advocates and a nonpartisan legal institute filed the first lawsuits against the Trump administration's new travel restrictions for citizens of eight countries, including Iran, that were announced late last month.
US Supreme Court weighs case on detention of immigrants
The Supreme Court of the United States wrestled for a second time Tuesday with whether the government can indefinitely detain certain immigrants it is considering deporting without providing a hearing.
Basketball ref sues Kentucky media company over harassment
A college basketball referee filed a federal lawsuit against a Kentucky media company on Tuesday, accusing it of creating conditions that led to the harassment of him and his family after he worked an NCAA Tournament game between Kentucky and North Carolina in March.
Senate confirms new federal prosecutor for northern Indiana
The U.S. Senate approved Thomas Kirsch II in a voice vote Tuesday as the U.S. attorney for Indiana's northern district.
Judge tosses lawsuit by Jared Fogle’s ex-wife against Subway
An Indiana judge has thrown out a lawsuit filed by former Subway pitchman Jared Fogle's ex-wife, which alleged that the fast-food chain continued promoting Fogle as its spokesman even though it knew of his sexual interest in children.
Valparaiso attorney helping with hurricane relief
Seeing the images of Hurricane Harvey unleash flood waters into Houston, attorney Nicholas Snow was tempted to retrieve the kayak from his parents’ garage and paddle around the neighborhoods, looking for people who needed help.
Committee members to discuss need for new courts, judicial officers at final meeting
Indiana lawmakers will gather for the final meeting of the Interim Study Committee on Courts and the Judiciary this week, when they will address the need for new courts or judicial officers throughout the state.
Election against ex-husband’s will barred due to unresolved marriage status
The purported ex-wife of a now-deceased man cannot proceed with her election against the man’s will because the couple failed to resolve the issue of the legal status of their marriage for more than 40 years, thus barring her claim under the doctrine of laches, the Indiana Court of Appeals has ruled.
Opinions Oct. 3, 2017
Indiana Supreme Court
Jefferson Jean-Baptiste v. State of Indiana
49S02-1707-CR-500
Criminal. Affirms all portions of the Indiana Court of Appeal’s opinion reversing Jefferson Jean-Baptiste’s conviction of Class A misdemeanor resisting law enforcement, except its sua sponte constitutional analysis and holding, which remain vacated. Finds the state failed to present sufficient evidence to support Jean-Baptiste’s conviction. Declines to address the issue of the Court of Appeals’ constitutional analysis and holding.
Justices affirm reversal of resisting conviction, decline to address related constitutional analysis
A man who was convicted of resisting a law enforcement officer will no longer have that conviction on his record after the Indiana Supreme Court affirmed the appellate reversal of his conviction in a Tuesday opinion.
IndyBar: Expansion in Use of TheRecordXchange for all Marion County Transcript Orders
As of October 1, 2017, Marion Circuit and Superior Courts requires all transcript orders to be placed on its web-based transcript ordering and production management platform, TheRecordXchange.
IndyBar: Deleted Recording Amplifies ‘Bad Blood’ Between Pop Icon, Disc Jockey
Evidence in the recent Taylor Swift case involved partially deleted recordings. How did the court respond to this ESI issue?
IndyBar: Nissa’s News
Please join the IndyBar’s HEAL Committee on November 1 at 3:30 p.m. in remembering, honoring and celebrating the lives of 19 members of our profession who have passed away during the previous year.
IndyBar: Marcia Oddi to receive Antoinette Dakin Leach Award
The spirit of Antoinette Dakin Leach lives on through the 2017 recipient, Marcia Oddi, founder of the Indiana Law Blog. Oddi has forged a career from numerous groundbreaking accomplishments.