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DTCI: Be careful what you say: Disciplinary cases hold lessons

Attorneys in Indiana are governed by the Indiana Rules of Professional Conduct. One of those rules, Rule 8.4(g), provides that it is professional misconduct for a lawyer to “[e]ngage in conduct, in a professional capacity, manifesting, by words or conduct, bias or prejudice based upon race, gender, religion, national origin, disability, sexual orientation, age, socioeconomic status, or similar factors. Legitimate advocacy respecting the foregoing factors does not violate this subsection.”

Maley: First things first: jurisdiction, jurisdiction, jurisdiction

As the year begins, it is appropriate to get back to the basics. Subject matter jurisdiction is the starting point in every case in federal court, scrutinized from the outset by the district court and then the 7th Circuit. Yet in opinion after opinion common errors in complaints or removal notices are noted by these courts, particularly in diversity jurisdiction cases.

JLAP: Post-holiday blues: Yes, it really is ‘a thing’

You may or may not be aware of it, but at JLAP we are sensitive to the reality that a lot of people feel pretty crummy right after the holidays. We talk to lawyers a lot about how they are feeling and our observations are that despite all the advice on how to avoid feeling stressed during the holidays, more people struggle after the holidays than during the holidays.

Open government advocates find victory in Groth decision

Not much was changed in terms of government transparency when the Indiana Court of Appeals rejected former Gov. Mike Pence’s argument that the Indiana executive branch’s responses to open record requests are exempt from judicial review. But, according to open government advocates, that lack of change is actually a good thing.

Rush praises ‘Partners in Justice’ during address

In her third State of the Judiciary address as chief justice of the Indiana Supreme Court, Loretta Rush highlighted how partnerships in the state’s judicial system are serving to further three initiatives to the benefit of litigants and legal professionals alike.

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Retiring Rucker urges diversity on court

As the first African-American to serve on the state’s appellate bench, retiring Indiana Supreme Court Justice Robert Rucker said he doesn’t think of himself as a trailblazer, but he said it’s important the state’s high court look like the population it serves.

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Court allows release of juvenile offender ID for HIV study

The Indiana Supreme Court has approved the release of identifying information of young offenders in juvenile courts, including full names and partial social security numbers, as part of a scholarly study into health care utilization and quality for juvenile offenders.

Opinions Jan. 23, 2017

Indiana Court of Appeals
GHPE Holdings, LLC, d/b/a Godby Heating Plumbing Electrical v. Jason Huxley
49A02-1601-PL-164
Civil plenary. Affirms the Marion Superior Court damages award on Godby Heating Plumbing Electrical’s counterclaim and its refusal to award treble damages or attorney fees to Godby. Reverses the trial court’s award of $972.71 in base wages to Jason Huxley, as well as the doubling of that amount as liquidated damages. Remands for calculation of the wages to which Huxley is entitled after consideration of mandatory tax withholding only. Also remands for recalculation of the reasonable appellate attorney fees to which Huxley is entitled with respect to defending the Wage Payment Act judgment only.

COA: Trial court lacked jurisdiction to order BMV to act

The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.

Lawsuit: Trump businesses violate Constitution

A lawsuit Monday alleged that President Donald Trump is violating the emoluments clause of the US Constitution that prohibits him from receiving money from diplomats for stays at his hotels or foreign governments for leases of office space in his buildings. The suit was filed by a legal watchdog group, but the language of the clause is disputed by some legal scholars, setting the stage for a court fight with the White House.