Blended gasoline raises question of tax exemption
A convenience store’s process for mixing two grades of gasoline left too many questions unanswered for the Indiana Tax Court to determine if the equipment used in the blending process was tax exempt.
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Opinions Dec. 15, 2015
Opinions Dec. 15, 2015
7th Circuit Court of Appeals
The following opinion was posted yesterday after IL deadline:
Indiana Petroleum Marketers and Convenience Store Association, et al. v. David Cook, in his official capacity as Chairman of the Indiana Alcohol and Tobacco Commmission
14-2559
Civil. Affirms summary judgment for Indiana. Finds convenience stores, grocery stores and gas stations did not meet their burden to show that the state law limiting the sale of cold beer violates the Equal Protection Clause.
Indiana’s cold beer prohibition survives rational-basis review
Finding retailers did not meet their burden in attempting to overturn one of Indiana’s quirky alcohol laws, the 7th Circuit Court of Appeals ruled the state’s limits on the sale of cold beer is not unconstitutional.
Lawmakers offer alternative to cold medicine sales crackdown
Republican Sens. Randy Head of Logansport and Jim Merritt of Indianapolis said pharmacists should have the authority to approve or disapprove sales for medicines containing pseudoephedrine, which is a decongestant used to treat colds and allergies. A rival measure backed by Indiana prosecutors and GOP House Speaker Brian Bosma would require a prescription for such medicines.
Attorney questions if schools complied with Nativity ruling
An attorney who filed a lawsuit that led to a federal judge banning a northern Indiana school district from including a live Nativity scene in its annual Christmas show says he believes the district's use of mannequins instead of student actors had many of the same constitutional flaws.
Ex-Subway pitchman Jared Fogle appealing child porn sentence
Former Subway pitchman Jared Fogle is appealing the more than 15-year prison sentence he received for possessing child pornography and having sex with underage prostitutes, which was longer than the maximum term prosecutors agreed to pursue as part of his plea deal.
Fraud claims against insurers wrongly dismissed
Plaintiffs who purchased cash-value life insurance policies for their employees and deducted those contributions on income taxes that were later disallowed were wrongly denied their day in court against the insurers.
Study: Smaller counties driving jail population growth
A study shows jail populations in mid-sized counties with populations of 250,000 to 1 million residents grew by four times and small-sized counties with 250,000 residents or fewer grew by nearly seven times since 1978. In that time large county jail populations grew by only about three times.
‘Inference of discriminatory motive’ in striking juror not reversible error
The Indiana Court of Appeals noted one of a prosecutor’s reasons for striking a prospective juror in a criminal case “raises an inference of discriminatory motive,” but this was insufficient to reverse a man’s felony resisting law enforcement conviction.
Nguyen: Banking on intellecutal property
What do startups and high-growth companies have in common? Intellectual property is their most valuable asset, separating one company from the others in a fiercely competitive tech environment.
Warr: Cybersecurity lessons learned from an ostrich
When the topic of cybersecurity arises, many companies react by burying their heads in the sand. However, playing an ostrich when it comes to cybersecurity will not save you.
Schantz: Infringing IP in your home with 3-D printing
Adherence to a few principles will avoid many of the intellectual property potholes on the road of 3-D printing.
2 recent cases in federal court showcase trademark treachery
A steel giant’s trade name was used to misrepresent business deals with the intent to procure millions of dollars worth of machinery and financing, and an Amish-country spice maker alleges a local rival is ripping off its registered trademark. These two recent cases in the U.S. District Court for the Northern District of Indiana illustrate the difficulties in policing registered marks on intellectual property, but the cases also show the means of recovery at rights holders’ disposal when their IP marks are violated.
Disciplinary Actions – 12/16/15
Read who was recently reinstated and who was disbarred by the Indiana Supreme Court.
IndyBar: Getting along is not wrong – James A. Edgar
Getting Along is Not Wrong, an initiative of the IndyBar Standing Committee on Professionalism, is the impressive collection of such positive and compelling behavior.
Hammerle on … ‘Brooklyn,’ ‘Creed’
Bob Hammerle says Sylvester Stallone is magnificent as an aging man searching for meaning in “Creed.”
Trimble: No Time Like Now to Commit to Your 2016 New Year’s Resolutions!
A couple of days ago, I was rummaging through some old papers when I found my 2008 New Year’s resolutions. As I read over them, I thought to myself, “Johnny boy, I think you need to dust these off and try again, but let’s have a little better effort this time!”
IndyBar: Start the New Year with a Clean Closet — And Help Local Students ‘Suit Up’
The Indianapolis Bar Association’s Young Lawyers Division (YLD) and Law Student Division are teaming up to form a program called “Suited Up.” The concept is simple: provide college-bound seniors, both men and women, from low-income households with dress clothes.