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Opinions Dec. 29, 2015

Indiana Court of Appeals
John Barker and Specialty Limos, LLC v. Jason Price
24A02-1506-PL-626
Civil plenary. Reverses in part and affirms in part summary judgment in favor of Price in a contract dispute concerning the sale of a van. The trial court did not err when it concluded Price delivered a valid certificate of title even though the title was not in his name. Reverses summary judgment on the issue of whether a discrepancy in the model year of the van created a material issue. On remand, the court will consider not only the $2,000 deposit agreement but also extrinsic evidence to determine whether the model year of the van was material to their agreement.     

Officials: ‘Affluenza’ teen, mother detained in Mexico

A sheriff in Dallas said Tuesday an arrest warrant will be issued for a Texas woman who was found with her son in Mexico, a teenager on probation after killing four people in a drunken-driving wreck and invoking an "affluenza" defense

Some police, prosecutors back tougher cold-medicine law

Some Indiana police agencies say their fight against methamphetamine production would be helped by a proposed state law change to require a doctor’s prescription for a common cold medicine that is used to make the illegal drug.

Indiana law drives down moped thefts, sales

Evansville Police Department spokesman Sgt. Jason Cullum said scooter theft reports fell from 269 in 2014 to just 79 as of Dec. 17. He said that’s because scooters are now easier to track if stolen because they now must be registered and licensed.

IndyBar: Save the Date for the 2016 Installation Luncheon

Make sure to mark your brand-new 2016 calendar now for the upcoming Indianapolis Bar Association and Foundation Installation Luncheon, which will take place on Wednesday, Jan. 27, 2016, from noon to 1 p.m. at the Columbia Club.

Column: Does Patchett v. Lee make patchwork of medical specials?

The Indiana Court of Appeals recently affirmed a ruling in Patchett v. Lee, 29A04-1501-CT-1 (Ind. Ct. App. Nov. 19, 2015), which held that government reimbursement rates are not an accurate reflection of the value of health care services, and thus are inadmissible as evidence of the reasonable value of medical services in personal-injury cases. The Patchett ruling signified a major shift in Indiana law on the determination of medical specials damages.

DTCI: Where have all the jury trials gone?

Conceptually, attorneys (and especially perhaps members of organizations like DTCI and ITLA) embrace as inviolate the right to trial by jury. We cite the concept both as a goal and as the bedrock of our existence – and sometimes in responses opposing summary judgment motions. But the Indiana Supreme Court “2014 Indiana Judicial Service Report, Vol I: Judicial Year in Review” caused me to look more closely at how that right is being exercised as a practical matter.

2015 Year in Review

Here are the highlights of what made headlines in the Indiana Lawyer in 2015.

2040 vision: Lawyers look at the future

As part of Indiana Lawyer’s commemoration of its silver anniversary this year, we asked a varied group of attorneys to look ahead to the year 2040. They outlined what they thought the profession would be like, how they hoped the profession would change, and what they did not want the profession to become.

focus-future-lawyer-123015-2col.jpg

Nelson: A look back … and to the profession’s future

Birthdays, anniversaries, and a new year are good times for reflection and evaluation. That’s part of the reason we take a look back at the news we covered throughout the year in our last issue of the year and why we devoted stories each month in honor of our 25th anniversary in print.

Justice Dickson honored by Indiana Bar Foundation

Indiana Justice Brent Dickson was recently recognized with the Indiana Bar Foundation President’s Award for his many years of service on the bench and support of civic education.