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Opinions Feb. 9, 2016

February 9, 2016

7th Circuit Court of Appeals
Debbie A. Stage v. Carolyn W. Colvin, Acting Commissioner of Social Security
15-1837
U.S. District Court for the Northern District of Indiana, Hammond Division. Judge Joseph Van Bokklelen.
Civil. Vacates the denial of Stage’s application for supplemental security income, disability insurance benefits and disabled widow’s benefits. Finds the medical evidence does not support the administrative law judge’s decision that Stage could stand or walk for six hours a day; stoop, crouch, occasionally climb ramps or stairs; and lift or carry up to 20 pounds. Remands for further consideration.

Hoosier’s quest to reach public road ends at 7th Circuit

February 9, 2016

The owner of a piece of southern Indiana property who could not reach his land because neighbors would not permit him to drive across their properties has lost his attempt to get to a main road.

Inaccurate property description does not render mortgage invalid

February 9, 2016

Despite errors, a mortgage still contained a “facially valid” description and the mortgage holder was protected from foreclosure.

Arrest, search of woman who walked from police unconstitutional

February 9, 2016

Indianapolis police who arrested and searched a woman after she walked away from them violated her Fourth Amendment rights, the Indiana Court of Appeals ruled Tuesday.

Supreme Court vacates Tax Court ruling in seized-dogs case

February 9, 2016

An Indiana Tax Court ruling that the state improperly denied a refund of the value of 240 dogs seized from an alleged puppy mill in southern Indiana was vacated Monday by the Indiana Supreme Court.

Publisher to pay $14M in ‘Happy Birthday’ copyright case

February 9, 2016

Music publisher Warner/Chappell Music will return $14 million in fees to settle a lawsuit that challenges its claim to "Happy Birthday," one of the world's best-known songs.

GOP state senator enters race for Indiana attorney general

February 9, 2016

A Republican state senator from Logansport says he will seek the Republican nomination for state attorney general.

2 more join federal suit challenging live Nativity scene

February 9, 2016

Two more parents have joined a federal lawsuit challenging a northern Indiana school district using a live Nativity scene as part of its annual Christmas show.

Walton sentenced to 9 years for role in Indy Land Bank scheme

February 9, 2016

Reggie Walton, the former director of the Indy Land Bank, was sentenced Monday to nine years in federal prison for his role in a scheme in which he received kickbacks for fraudulently directing the sale of abandoned or tax-delinquent properties.

DTCI: ‘It ain’t whatcha write, it’s the way atcha write it’

February 9, 2016

By Samantha Huettner Huettner Strong legal advocacy demands writing skills. Good writing wins cases; bad writing buries them. Fortunately, the skill is easily developed with practice. Those who want to develop in this area may consider the following: Read. To improve your own writing, you must learn to recognize good writing in the first place. […]

Indiana Court Decisions – Jan. 20 to Feb. 2, 2016

February 9, 2016

Read recent Indiana appellate decisions.

DTCI: Indiana Court of Appeals establishes third-party duty of care under CPA

February 9, 2016

On Dec. 31, 2015, the Indiana Court of Appeals issued a ruling in Collip v. Ratts, 49A05-1501-CT-1, 2015 WL 9589777 (Ind. Ct. App. Dec. 31, 2015). The underlying facts show that on March 30, 2009, one of a nurse practitioner’s patients, Robert Ratts, died as a partial result of mixed drug intoxication.

IndyBar Frontlines – 2/10/16

February 9, 2016

Read news from around the IndyBar!

Disciplinary Actions – 2/10/16

February 9, 2016

Read who’s been found in contempt by the Indiana Supreme Court.

IndyBar: Court Rules Pension Survivor Benefits are Marital Assets

February 9, 2016

The Indiana Court of Appeals in In Re The Marriage of Carr ruled that the survivor benefit that may go to a spouse in a dissolution of marriage is an asset for the purposes of property division and must be included in the marital pot.

Moberly: A New Day for Judicial Selection in Marion County

February 9, 2016

The verdict will still be out on how we will select judges in Marion County when this article is printed, but for the first time in decades, we know we will have an entirely new system of selection before May 2017. Hopefully it will be in this legislative session but, if not, in the next.

Hammerle on … ‘The Hateful Eight,’ ‘The Revenant’

February 9, 2016

Bob Hammerle says Quentin Tarantino can bring to the screen a pictorial display of viciousness that leaves you gasping with a feeling of disgusted wonder.

IndyBar: Involving Your Expert in the Mediation Process: A Trap for the Unwary?

February 9, 2016

Cases can often involve technical issues. The author has heard of mediations where a party will bring an expert to the mediation to address and respond to the technical issues that are present in the case.

BGBC: Who’s responsible for the IOLTA account? You are!

February 9, 2016

One of the most significant and important fiduciary duties that lawyers must perform is to safeguard all client and third-party property held in trust.

Indiana Judges Association: How are we going to replace Justice Brent Dickson?

February 9, 2016

There is now a great opportunity to pick our next Supreme Court justice. But our problem is that we have to replace the irreplaceable Justice Brent Dickson.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

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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