Senior judge faces discipline for OWI
A senior judge and former Lake County magistrate is facing judicial discipline proceedings after pleading guilty in November to a charge of driving while intoxicated.
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Merit selection, with recommendations for voters, proposed for Indy bench
A bill in the Indiana General Assembly would establish merit selection for Marion Superior judges, but Indianapolis’ version would also include recommendations from the judicial selection committee on whether voters should retain judges.
Survey: Class of 2016 gave more than $52M in pro bono legal services
Law schools’ classes of 2016 provided pro bono services worth $52.2 million through clinics, experiential courses and other student activities, according to a survey released Wednesday by the Association of American Law Schools.
Gary councilwoman challenges accusations of law violation
A city councilwoman has filed a lawsuit to keep her second job as an employee of the Gary Sanitary District.
House Republicans’ road plan includes gas-tax increase, user fees
Indiana House Republicans on Wednesday released their legislative agenda, which includes a tax increase and increased user fees to pay for improving the state’s roads.
Former ITT students seek creditor status in school’s bankruptcy case
A group of former ITT Educational Services Inc. students are seeking legal recognition as creditors in ITT’s ongoing bankruptcy case.
7th Circuit: Umbrella commercial policies’ UIM coverage must reach limits
A man who was seriously injured in a vehicle crash while driving for his job won a reversal of a federal court ruling in the insurance company’s favor Tuesday.
7th Circuit affirms Indiana’s ban on robocalls
A political organization that argued Indiana’s ban on telephone robocalls disfavored political speech and was content discrimination got a terse reply from the 7th Circuit Court of Appeals Tuesday.
Man can’t seek relief for murder conviction after robbery resentencing
An inmate convicted of murder and attempted robbery cannot be granted habeas relief for the murder conviction because the statute of limitations for that conviction under the Antiterrorism and Effective Death Penalty Act had passed, despite a resentencing on the robbery charge, the 7th Circuit Court of Appeals decided Tuesday.<
Indianapolis attorney tapped for national mock trial board
Criminal defense attorney and mock trial alumnus Scott Barnhart has been elected to the board of the National High School Mock Trial Championship.
Federal statute of limitations does not preempt state statute in collections action
The United States Congress’ purpose in passing the Interstate Commerce Commission Termination Act was not to preempt state statutes of limitations, the Indiana Supreme Court held Tuesday, so an 18-month federal statute of limitations cannot bar a transportation company’s collections claim against an Indiana manufacturer.
Taft announces new chairman and managing partner, partner-in-charge
Two attorneys with Taft Stettinius & Hollister LLP are moving into new leadership positions as the new year begins.
Property contract with no-cheating clause enforceable
A Jefferson County woman must convey her assets in a property she shared with her ex-boyfriend after she became pregnant by another man in breach of a contract she signed with the ex-boyfriend, the Indiana Court of Appeals found Friday.
Owners of flooded house lose appeal in suit against Valparaiso
A couple whose home near a water retention and detention facility was flooded in 2008 when the city of Valparaiso experienced a 200-year storm are not able to assert a private cause of action under Indiana’s Flood Control Act, the Indiana Court of Appeals affirmed Friday.
COA: Court properly denied motion to set aside default judgment
A company being sued for negligence failed to convince the Indiana Court of Appeals that the default judgment entered against it in the matter should be overturned.
Assessor waived objection to untimely filing of record
The Indiana Tax Court on Friday determined that a northern Indiana assessor’s office waived its objection to a late-filed certified administrative record in a tax appeal, ruling that an objection must be made before the merits of a case have been furthered.
Opinions Jan. 3, 2017
Indiana Supreme Court
Kennedy Tank & MFG. Co., Inc., and Hemlock Semiconductor Operations LLC and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation d/b/a Emmert International
49S02-1608-CT-431
Civil tort. Finds on an issue of first impression that Indiana’s 10-year statute of limitations is not preempted by the federal statute of limitations in the Interstate Commerce Commission Termination Act. Finds that Congress’ purpose was not to preempt state statutes of limitations and that Indiana’s statute of limitations does not do major damage to the ICCTA’s deregulatory purpose. Thus, Emmert Industrial Corp.’s collection claim against Kennedy Tank & Manufacturing Co. can proceed.
Wylie tapped to lead Evansville Volunteer Lawyer Program
Scott Wylie, attorney and director of the Vanderburgh Community Foundation, has been named as the first full-time staff director of the Volunteer Lawyer Program of Southwestern Indiana.
Indiana GOP senator says bill aimed at Islamic law concerns
One of the Indiana legislators proposing to prohibit state judges from referring to foreign laws says he is concerned that Islamic religious law could be cited in civil cases.
Ex-head of Jared Fogle’s charity seeks sentence review
A man who led former Subway pitchman Jared Fogle's anti-obesity charity wants his sentence for child exploitation and child pornography vacated or modified.