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Dean’s Desk: Anatomy of a decision to start a tax clinic

Notre Dame Law students will soon have the opportunity to learn tax law by practicing it under the close supervision of full-time expert faculty. It is an exciting development for all of us at the law school. Moreover, at a time of straitened budgets, we have secured financing from the IRS for the clinic, a Low Income Taxpayer Clinic.

Opinions May 16, 2016

Indiana Court of Appeals

BSA Construction LLC v Jimmie E. Johnson
49A02-1506-CT-749
Civil Tort. Affirms summary judgment for Jimmie Johnson after the Court of Appeals found Johnson did not owe BSA a duty of care after he appraised a property for less than the agreed-upon purchase price. Johnson cannot serve both the bank that hired him and BSA because of conflicting interests.

Appraiser has no duty of care to real estate seller

The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.

Justices deadlock 2-2 on transfer in two cases

The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court’s list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.

Supreme Court avoids major ruling in birth control dispute

The Supreme Court rid itself Monday of a knotty dispute between faith-based groups and the Obama administration over birth control. The court asked lower courts to take another look at the issue in a search for a compromise.

Vanderburgh work release program takes on new direction

Since July 2015 the Vanderburgh County work release program has undergone a metamorphosis under a cooperative agreement between the sheriff’s office and the county’s treatment courts. That is when Superior Judge Wayne Trockman and Circuit Court Judge David Kiely took over daily operations and rechristened it Therapeutic Work Release to reflect its new focus on rehabilitation.

NCAA asks US Supreme Court to hear O’Bannon case

The NCAA is asking the U.S. Supreme Court to hear the so-called O’Bannon case that successfully challenged the association's use of names, images and likenesses of college athletes without compensation.

Opinions May 13, 2016

Indiana Court of Appeals
David Simons v. State of Indiana
20A03-1512-CR-2158
Criminal. Affirms David Simons’ 29-year aggregate sentence after court ruled even though trial court did notify Simons of his earliest and maximum possible release dates the error was harmless.

Southern District proposes mandatory pro bono

A proposed rule change would for the first time obligate lawyers to provide mandatory pro bono service to litigants in civil cases filed in the U.S. District Court for the Southern District of Indiana, the court announced Friday.