Changes to Indiana bar exam approved
The Indiana Supreme Court has approved changes to the Indiana Bar Examination, aimed at better reflecting the current practice of law in the state.
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Opinions Nov. 16, 2015
Indiana Court of Appeals
John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc.
75A04-1503-MI-100
Miscellaneous. Affirms grant of appellees’ motion for judgment. Rules the fences that Belork wants his neighbors to help build along the southern and eastern boundaries of his property do not constitute partition fences under Indiana Code 32-26-9. Finds the statute does not apply in this situation because the neighbors would not derive a benefit from the fences.
Settlement: Ex-Brown Mackie, Art Institutes students get loan forgiveness
More than 5,500 students of Brown Mackie College and The Art Institutes will receive loan forgiveness totaling more than $5.7 million under one of two settlements, Indiana Attorney General Greg Zoeller announced Monday.
Farmer with wandering cattle will have to build fence himself
A Starke County farmer who wanted to keep his cattle from roaming onto neighboring farms will have to pay for the entire fence to be built, the Indiana Court of Appeals has ruled.
Pence designates November as ‘adoption awareness’ month
Gov. Mike Pence has declared November is Adoption Awareness Month in Indiana. The Republican governor and first lady Karen Pence are hosting an adoption fair at the Statehouse between 4 and 6 p.m. Monday.
Heft not enough to justify insurer deals, top DOJ lawyer says
Health companies saying they need to consolidate to preserve their heft when negotiating with service providers isn’t enough to justify mergers, a top U.S. antitrust enforcer said Friday in comments that could hint at the Justice Department’s thinking on two major health insurance deals.
Longest-serving attorney Alexis ‘Alex’ Cholis dies
Indiana’s longest-practicing attorney passed away recently. Alexis “Alex” P. Cholis, of South Bend, died Nov. 8 at 99. He formally retired in 2013, more than 71 years after he was admitted to the Indiana bar.
GOP, Democratic leaders to preview Indiana session
Leaders in Indiana's House and Senate are set to speak at a forum today where they will give a glimpse of issues on the horizon during the upcoming legislative session.
Court won’t hear case over grant to Planned Parenthood
The Supreme Court of the United States rejected an anti-abortion group's bid to force disclosure of confidential Planned Parenthood and federal government records about a contract for family planning services in New Hampshire.
Opinions Nov. 13, 2015
Indiana Court of Appeals
Jay Classroom Teachers Association v. Jay School Corporation and Indiana Education Employment Relation Board
49A05-1412-PL-586
Civil plenary. Reverses trial court order affirming the order of the Indiana Education Employment Relation Board and remands to the board for proceeding. A provision of the Jay Classroom Teachers Association contract allowing additional compensation for ancillary duties, including covering another teacher’s class, was not impermissible and should not have been stricken by the board. The board also erred in allowing a provision permitting the superintendent to set salaries of teachers hired after the start of the school year. The provision was impermissible and should have been stricken by the board.
Texas A&M sues NFL’s Colts for ’12th Man’ trademark offense
Texas A&M University filed a federal lawsuit Thursday against the NFL's Indianapolis Colts that university officials say is meant to protect their 12th Man trademark.
Temporary tag in rear window gets conviction tossed
A Hendricks County Sheriff’s deputy’s ignorance of where a temporary license plate can be displayed on a car led the Indiana Court of Appeals to overturn a drunken-driving conviction.
Split COA orders refund of $12K in foreclosure deficiency payments
A Court of Appeals panel wrote Friday that justice demands an attack on an improper 2009 garnishment order and a refund to a couple that paid $50 a week in deficiency payments after losing their home to foreclosure.
Prosecutors seek 12½ years for ex-Subway spokesman Fogle
Jared Fogle’s attorneys asked a judge for leniency Thursday, saying in court documents that the former Subway pitchman “is profoundly sorry” as he awaits sentencing on child pornography and sex-crime charges.
Appeals court rules for teachers on pay issues
Jay Classroom Teachers Association prevailed Friday in an appeal contesting terms of a teachers’ contract adopted as the last best offer from Jay School Corporation.
Lack of evidence leads COA to reverse probation violation
A Franklin County man who was ordered to spend five months in the Department of Correction after an alleged probation violation won a reversal of the trial court order Friday for lack of evidence.
Judge calls out DLGF ‘infirmities’ in ruling for township, fire district
Indiana Tax Court Judge Martha Blood Wentworth had a few choice words for the Department of Local Government Finance in finding the state hadn’t answered the key question in a township’s tax appeal.
Opinions Nov. 12, 2015
Indiana Court of Appeals
Madison County Board of Commissioners and Madison County Highway Department v. American Federation of State County and Municipal Employees Local 3609
33A05-1505-PL-409
Civil plenary. Affirms summary judgment in favor of the union on the county’s motion to correct or vacate the arbitrator’s award, in which it reduced two union workers’ discipline from termination to a five-day unpaid layoff. The county circumvented the collective bargaining agreements’ progressive discipline scheme and the CBA does not require discharge for the infractions committed by the employees or prohibit the arbitrator from reducing an employee’s punishment.
Comment sought on local bankruptcy rules
The U.S. Bankruptcy Court for the Southern District of Indiana is accepting comments on proposed changes to its local rules. The changes primarily update references to the national forms.
Hotels must pay EEOC legal fees for contempt of consent decree
Companies that own an east side Indianapolis hotel have been ordered to pay the Equal Opportunity Employment Commission $57,248 in attorney fees and costs after violating a consent decree settling a race discrimination lawsuit.