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Hanson/Eckhart: Class wage-and-hour litigation is an ongoing threat
Employers face countless labor and employment challenges every day. Wage-and-hour compliance issues are near the top of that list because employers have experienced an increase in the number of class- and collective-action lawsuits filed against them.
DeVoe/Escoffery: Acquiring UI accounts in asset purchase deals
Although the seller’s Indiana unemployment insurance account may not be the focus of an asset purchase transaction, it is important for the buyer and seller to consider the subject before closing on the purchase.
Workplace harassment endures, evolves
Despite decades of on-the-job training for workers and numerous high-profile lawsuits, harassment by managers and co-workers persists. Though the number of sexual harassment claims has declined in recent years, companies still get hit with thousands of lawsuits alleging harassment of some kind each year.
7th Circuit opinion highlights confusion over LGBT discrimination protection
Within the first nine pages of its opinion, the 7th Circuit Court of Appeals affirmed a district court’s ruling that sexual orientation is not protected by Title VII of the 1964 Civil Rights Act. And there, the panel could have ended its discussion. But the court spotlighted the growing confusion in the courts of when, exactly, sexual orientation crosses the line into gender nonconformity.
Prosecutor faces ethics sanction for book deal in Camm case
Floyd County Prosecutor Keith Henderson should be reprimanded by the Indiana Supreme Court for a book deal on a high-profile murder case against former Indiana State Trooper David Camm, recommends a hearing officer in Henderson’s discipline case. The hearing officer blasted the conduct of lawyers on both sides of the ethics matter.
ABA takes stronger stance on harassment, discrimination
While the new model rule addresses bias and prejudice, Indiana’s conduct rule is much stricter.
Goshen attorney John Ulmer recognized for 50-plus year career
When the conflict arose between classes and basketball, John Ulmer, like just about any Hoosier would, picked roundball and, inadvertently, took his first steps toward a legal career that has since lasted more than 50 years.
Departing the partner track
Law firms are looking for talent and signing up attorneys who fit clients’ needs in flexible arrangements that eschew the traditional associate-to-partner model. The trend addresses the firms’ needs to contain costs and the desire of many lawyers for more work-life balance.
Willis takes first administrative lead role in state’s judiciary
Mary Willis is known in the Indiana judiciary for going beyond the day-to-day duties of a trial court judge — a mover and shaker who seemed a natural choice for the newly created position of chief administrative officer for the Indiana Supreme Court.
FBI probing for possible corruption in vaping law
The FBI is probing whether any illegal activity led to the creation and passage of Indiana’s contentious new vaping law.
Patterson: Trial by jury ensures justice for the people
As the state of Indiana celebrates its bicentennial year, we should all remember the importance of the right to trial by jury and commit to ensuring that this right remains inviolate.
Hammerle on… ‘Indignation,’ ‘Sausage Party,’ ‘Bad Moms’
Bob Hammerle says “Indignation” should be knocking on the door when Oscar nominations are announced next year.
Split COA reverses sex conviction on ‘Romeo and Juliet’ grounds
The majority of a Court of Appeals panel reversed the conviction of a young man who claimed he was wrongly denied an opportunity to present Indiana’s “Romeo and Juliet” law as an affirmative defense to a charge of sexual misconduct with a minor.
Opinions Aug. 22, 2016
Indiana Court of Appeals
Douglas M. Curtis v. State of Indiana
49A02-1512-CR-2293
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. Because the apartment complex where Curtis had been living with his father provided him a 48-hour grace period to remove his property and Curtis was arrested while in the process of gathering his personal belongings, there was insufficient evidence to support the conviction.
City owes man legal fees for ‘meritless, possibly frivolous’ case
The Indianapolis Metropolitan Police Department and the city’s Office of Corporation Counsel pursued a ‘wholly meritless, possibly frivolous argument’ in a public-records case, the Court of Appeals ruled Monday. The city will pay the legal fees of a man who sued to obtain records after he was denied.
Angie’s List agrees to settle class-action suit for $1.4 million
Angie's List Inc. has agreed to pay $1.4 million to settle a class-action lawsuit claiming it manipulated search results and ratings to favor advertisers—claims that the home-services company denies.
Appeals panel overturns man’s trespass conviction
An Indianapolis man who had lived with his father with the consent of the senior apartment complex where he resided should not have been convicted of trespass after he was ordered to leave, the Indiana Court of Appeals ruled in overturning a bench trial verdict.
Groups cite inadequate funds to defend death row inmate
Five legal groups are supporting a Missouri death row inmate, whose execution was halted hours before it was to be carried out in 2014, saying that he can't receive an adequate defense with the money allocated.