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Opinions March 23, 2016

March 23, 2016

Indiana Court of Appeals
Cheryl L. Underwood v. Thomas Bunger, in his capacity as the Personal Representative of The Estate of Kenneth K. Kinney; Judith M. Fulford; and Sheree Demming
53A01-1509-MI-1305
Miscellaneous. Affirms grant of the estate of Kenneth K. Kinney’s motion to dismiss. The estate was not a proper defendant in Underwood’s claim for partition.

7th Circuit affirms $34.2M in fraudulent transfer case

March 23, 2016

The 7th Circuit Court of Appeals upheld a ruling from the Southern District of Indiana that a company needs to pay $34.2 million for a crop-insurance business it bought and later sold to other companies it also controlled.

Man on death row loses habeas petition before 7th Circuit

March 23, 2016

The 7th Circuit Court of Appeals upheld rulings lifting a stay on a man’s habeas corpus petition and dismissing his claims after the appellate court held his claims could be decided based on the state-court record.

FBI official: Time needed to know if phone can be unlocked

March 23, 2016

It will take at least two weeks to know whether an alternate method will unlock an encrypted iPhone used by one of the San Bernardino attackers, the head of the FBI's Los Angeles office said Tuesday, adding that federal investigators think they have "a good shot."

LEADERSHIIP IN LAW 2016 TEMPLATE

March 22, 2016

NBA player Ty Lawson gets probation for Denver DUI case

March 22, 2016

Indiana Pacers point guard Ty Lawson will serve a year on probation in a Denver drunken-driving case after a judge on Tuesday rejected arguments that he needed to serve time in jail to learn a lesson.

GOP Senate primary set after Stutzman nixes court challenge

March 22, 2016

The GOP primary field for Indiana's open U.S. Senate seat is set after U.S. Rep. Marlin Stutzman opted not to challenge his rival's candidacy in court.

Supreme Court: Consolidating precincts is not unconstitutional

March 22, 2016

The Indiana Supreme Court ruled an effort to consolidate small Lake County precincts to reduce election costs was not unconstitutional, finding it is neither an impermissible special law nor a violation of the separation of powers doctrine.

Pence signs police body camera video regulation bill

March 22, 2016

Indiana Gov. Mike Pence has signed a bill giving law enforcement agencies authority to withhold some video recordings from body cameras.

Opinions March 22, 2016

March 22, 2016

Indiana Supreme Court
State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration v. International Business Machines Corporation  

49S02-1408-PL-513.
Civil plenary. Reverses trial court ruling that IBM was not in material breach of its master services agreement to administer Indiana’s welfare systems under a $1.3 billion contract that the state terminated for cause. Summarily affirms the Court of Appeals on all other  issues:  affirming the trial court’s award of $40 million in assignment fees and $9,510,795 in equipment fees to IBM; affirming the trial court’s denial of deferred fees to IBM; and reversing the trial court’s award of $2,570,621 in early termination close out payments and $10,632,333 in prejudgment interest to IBM. Remands to the trial court to determine the amount of fees IBM is entitled to for two change orders, and for calculation of the parties’ damages, including any appropriate offsets to the state as a result of IBM’s material breach of the MSA.   

Justices: IBM breached state welfare contract

March 22, 2016

IBM breached its master services agreement with the state in its failed bid to privatize and modernize Indiana’s welfare systems, the Indiana Supreme Court ruled Tuesday, more than six years after the state sued the tech giant over the $1.3 billion contract.

Justices uphold $5.8M award against Tyson Foods

March 22, 2016

In a setback to business, the Supreme Court of the United States on Tuesday upheld a $5.8 million judgment against Tyson Foods Inc. in a pay dispute with more than 3,000 workers at a pork-processing plant in Iowa.

Probate study committee bill hoping for governor’s approval

March 22, 2016

Supporters were successful this year in getting the Statehouse to approve legislation that re-establishes the Probate Code Study Commission, but they’re still awaiting the governor’s signature.

IndyBar: Volunteer Opportunity: Help Out at Spring Mediation Day

March 22, 2016

The IndyBar ADR Section Executive Committee is pleased to announce that we are hosting our second annual Spring Paternity Court Mediation Day.

IndyBar Frontlines – 3/23/16

March 22, 2016

Read news from around the IndyBar!

Moberly: If At First You Don’t Succeed, Try, Try Again (and Again, and Again…)

March 22, 2016

It’s no secret that the IndyBar has supported merit selection for decades. It’s also no secret that view is not held by everyone. I sincerely respect our members who would prefer an open partisan election of our judges in Marion County. Mostly that view is held as a result of a reverence for voting rights, which I hope we all share.

IndyBar: Delivering Peace of Mind: Volunteer for Low Asset Wills Workshops

March 22, 2016

For years, IndyBar attorneys have helped community members living in poverty to safeguard their futures through the Low Asset Wills Program.

Indiana Court Decisions – March 1-15, 2016

March 22, 2016

Read recent appellate decisions.

Disciplinary Actions – 3/23/16

March 22, 2016

Read who recently was reinstated and who has been suspended by the Supreme Court.

Hammerle On … ‘Eddie the Eagle,’ ‘Zootopia’

March 22, 2016

Bob Hammerle wonders why the American public seems to reject inspiring films. Does everything have to be a cross between “Star Wars,” “The Avengers” and “Jurassic Park”?

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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