Beer distributor foams at Indiana’s alcohol law
Monarch Beverage launches another effort to upend limits on liquor wholesalers.
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Dean’s Desk: McKinney students receive honors for pro bono service
At our most recent Pro Bono and Clinical Program awards event, we celebrated – for the second year in a row – the fact that our graduating class had contributed more than 20,000 hours of pro bono service to the community during their law school careers.
Hamilton, Ruckelshaus receive Medal of Freedom for public service
As young men, Lee Hamilton and William Ruckelshaus followed their passion for public life to Washington, D.C., where they left their imprint on the legislative and executive branches at a time the country and its attitudes were changing.
Law office whistleblower key in disbarment
The former office manager who blew the whistle on an Indianapolis lawyer disbarred recently by the Indiana Supreme Court said he paid a personal and professional price and endured threats from his ex-boss after reporting his egregiously unethical conduct.
Complex legal efforts part of groundwork for 2 new bridges across Ohio River
Hoosier attorneys and their Kentucky colleagues had to find ways to write agreements to bring four state highway and financing agencies together to cooperate across state lines in a manner that complied with their own statutes.
7th Circuit upholds Indiana’s cold beer law
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.
Justice Dickson honored at We the People dinner
The Indiana Bar Foundation used its 2015 Civics Dinner to present the President’s Award to Dickson for his many years of service to the Supreme Court, the judiciary, the legal profession and the state.
Reversal: Host owed duty to guest who died after drinking, fight
The host of a birthday party for her live-in boyfriend had a duty to render aid to a guest she saw unconscious after he’d been drinking and involved in a fight, the Indiana Court of Appeals ruled. The man later died.
Opinions Dec. 14, 2015
Indiana Court of Appeals
F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers
02A05-1506-CT-520
Civil tort. Reverses trial court orders granting Angela Martin’s motion to strike and motion for summary judgment. The question of whether Martin is liable under the Dram Shop Act for furnishing alcohol to an intoxicated person, who later died after attending a party at the house she shared with Brian Paul Brothers, is a factual issue to be resolved at trial. Finds Martin as the host of a party had a duty to exercise reasonable care and render aid after she saw Paul Michalik unconscious after drinking and being involved in a fight, and questions of fact remain as to whether she breached that duty.
High court: DirectTV can cut off class-action lawsuit
The United States Supreme Court ruled Monday that satellite provider DirecTV can avoid a class-action lawsuit in California over early termination fees and force customers into private arbitration hearings instead.
Justices block Alabama court order in lesbian adoption case
The U.S. Supreme Court has sided with a lesbian mother who wants to see her adopted children, blocking an Alabama court's order that declared the adoption invalid.
High court rejects LA appeal over $5.7M jury award to felon
The justices on Monday let stand a lower court ruling that upheld the award to Robert Contreras, who was left paralyzed after police shot him multiple times when he fled the scene of a drive-by shooting in 2005.
Justices: Kentucky death sentence wrongly overturned
Justices ruled Monday that a federal appeals court was wrong to overturn Roger Wheeler’s sentence based on the exclusion of a juror who expressed reservations about the death penalty.
Banned live Nativity goes on with mannequins
School officials say a federal judge’s injunction only applied to a live scene and that they complied with the order.
Southern Indiana county OKs riverboat revenue settlement
The settlement calls for Switzerland County officials to deliver to Jefferson County within 10 days about $50,000 in economic development money they're currently holding.
Counties in central Indiana address jail overcrowding
Three central Indiana counties have been working over the past five years to address jail overcrowding by building or upgrading facilities.
More proceedings necessary in mortgage foreclosure action
Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.
Majority: Sex offender registration not ex post facto law
The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.
Anderson latest city to pass local gay rights ordinance
Officials in another Indiana city have approved banning discrimination based on sexual orientation or gender identity ahead of an expected debate in the state Legislature over whether to pass a statewide law that supersedes any local ordinance.
Opinions Dec. 11, 2015
Indiana Court of Appeals
Wayne Patton v. Jessica Patton
17A04-1503-DR-137
Domestic relation. Affirms denial of father’s motion for modification of visitation, finding the trial court struck a balance that addresses the concerns of all, while still providing father with opportunities for more rewarding parenting time with W.P. immediately and in the future. Reverses portion denying his modification of child support, finding the emancipation of daughter Ja. P. was a substantial and continuing change to justify modification. Remands for modification of support obligation to become $136.42 per week.