Lilly, partner lose court fight over testosterone treatment
Eli Lilly and Co. and its partner cannot stop competitors from selling generic versions of testosterone treatment Axiron, a federal judge in Indianapolis has ruled.
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Judge rules in favor of scorned e-liquid manufacturer in vaping case
Opponents of Indiana’s controversial vaping law scored a victory Friday when a federal judge ruled in favor of a Florida e-liquid manufacturer that argued the law was unconstitutional.
No appeal in Indiana woman’s overturned feticide conviction
The attorney for an Indiana woman whose feticide conviction for a self-induced abortion was overturned said Tuesday he's pleased the state's attorney general decided not to appeal that ruling and hopes she's freed soon from prison.
Justices: Refusal to submit to chemical test depends on circumstances of each case
The Indiana Supreme Court declined to go as far as one Court of Appeals judge did in declaring that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.” In affirming the administrative suspension of a woman’s driver’s license, the justices concluded that whether someone refuses to submit to a chemical test depends on the circumstances of each case.
Promise to pay for broken nose breathes life into estoppel claim
A young woman who suffered a broken nose trying to help law enforcement can have her estoppel claim move forward even though she did not file a timely notice under the Indiana Tort Claims Act.
Opinions Aug. 23, 2016
Indiana Supreme Court
Kristy Burnell v. State of Indiana
29S02-1512-CR-707
Criminal. Affirms trial court decision to not terminate license suspension. Holds a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test. Burnell has the burden of demonstrating the evidence shows her license suspension by the BMV should be overturned, and she did not carry this burden.
Prisoner’s 2241 petition again fails in 7th Circuit
A federal prisoner trying to challenge his sentence has again tripped over procedure and lost his second appeal before the 7th Circuit Court of Appeals.
DOC, trial court errors lead to reversal of parole revocation
A longtime criminal who was convicted of violating his parole on an attempted robbery sentence was deprived a hearing on a corrected record and therefore is entitled to post-conviction relief, the Indiana Court of Appeals ruled Tuesday.
COA advice: Leave affirmation out of jury instructions
A man’s convictions of battery and disorderly conduct will stand, but the Indiana Court of Appeals cautioned trial courts that including law enforcement affirmations in jury instructions should not, calling the practice “undesirable and completely avoidable.”
IndyBar: Help the Homeless: Volunteers Needed for IndyBar Pro Bono Program
Many people who call Indy home need legal assistance–especially those without a home to live in. IndyBar attorneys have the unique opportunity to help homeless individuals with their legal issues through the IndyBar Homeless Project.
Moberly: Reconnecting with Our Cause
I enjoy lawyer gatherings because they affirm that the work we do is important, and we all take that very seriously, but there is also plenty of room for friendship and collegiality.
IndyBar: At-Risk Elders in Marion County Need You!
Help your community by volunteering to be a guardian ad litem for an alleged incapacitated adult.
IndyBar: Could a Parenting Coordinator Help Your Clients?
A Parenting Coordinator, or “PC,” is a family law attorney or mental health professional who is appointed by the court to assist parents after a divorce or paternity decree. Most PCs also have significant mediation experience and some have attended a 2- or 3-day training specifically for Parenting Coordinators.
IndyBar: A Fraction of Time for Exponential Benefits: You Can Make a Difference
Two hours out of 744. That’s all it takes to help a family in need—a couple hours each month. The result? Happier, safer families leading to a happier, safer city.
Feds: Charleston church shooting suspect ‘self-radicalized’
A white man charged with the shooting deaths of nine black churchgoers in Charleston "self-radicalized" in the months before the attack and grew more entrenched in his beliefs in white supremacy, according to court papers prosecutors filed this week in federal court.
Ex-Fox News host sues Roger Ailes, others
Former Fox News host Andrea Tantaros has charged in a lawsuit she was sexually harassed by former network chief Roger Ailes and other top executives.
AG: 2,800 Hoosier borrowers eligible for HSBC payments
Attorney General Greg Zoeller said about 2,800 Indiana borrowers should watch for mailed notices this month that will tell them how to claim reimbursements from mortgage lender and servicer HSBC.
DTCI: Young Lawyer Mixers—a Hit!
DTCI Young Lawyer regional mixers were enthusiastically received in Merrillville and Evansville in July.