Cleveland appeals ‘jock tax’ ruling to US Supreme Court
The city of Cleveland says it is within its rights to tax visiting professional athletes based on the number of games they play a year because taxation is a matter of local jurisdiction.
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Indiana’s high court takes up lawmaker email case
The Indiana Supreme Court will hear an appeal involving a lawsuit seeking a lawmaker's emails and other correspondence with utility company officials over solar power legislation he sponsored.
Indianapolis Red Mass highlights legal lesson of the Good Samaritan
An estimated 200 attorneys, judges and law students gathered Oct. 5 to celebrate the beginning of the judicial year at the 56th annual Red Mass sponsored by the St. Thomas More Society of Indianapolis.
Opinions Oct. 6, 2015
7th Circuit Court of Appeals
Bryana Bible, Individually and on Behalf of the Proposed Class v. United Student Aid Funds, Inc.
14-1806
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Denies petition for rehearing en banc of the panel decision. The panel reversed and remanded the District Court’s dismissal of Bible’s complaint against a creditor in a student loan default case. None of the panelists who wrote three separate opinions, nor other Circuit judges, favored rehearing en banc. Judge Frank Easterbrook wrote a concurrence to underscore that deference to federal agency positions affirmed in Auer v. Robbins, 519 U.S. 452 (1997), has been assailed by recent Supreme Court rulings suggesting that decision “may not be long for this world.”
Reversal reinstates negligence claim in fall on snowy hotel lot
A trial court erred in granting summary judgment in favor of hotel defendants on a negligence claim arising after a guest slipped, fell and was injured in a parking lot covered by a dusting of snow.
Cocaine dealing conviction affirmed over jury instruction challenge
A man convicted of dealing cocaine failed to persuade the Indiana Court of Appeals to reverse due to what he claimed was an erroneous jury instruction.
Neutral Corner: Mediation communications in legal malpractice actions
The legal malpractice case of Cassel v. Superior Court of Los Angeles County, 244 P. 3d 1080 (2011), continues to ricochet through the California mediation community and court system, and the issue it raised is now headed to the Legislature.
7th Circuit rejects en banc rehearing in student loan case
Whether a creditor can apply student loan rehabilitation agreement payments to collection costs is a question that split a panel of the 7th Circuit Court of Appeals three ways, but Circuit judges agreed they’ve heard enough of the matter for now.
Attorneys: Indiana feticide conviction was absurd use of law
Attorneys for an Indiana woman seeking to overturn her conviction in the death of her premature baby have argued prosecutors relied on an absurd use of the state's feticide law.
Smoking law under review in Legislature
The legislative Interim Study Committee on Public Policy will review the state’s smoking policy, including a look at e-cigarettes and an increase in the cigarette tax, at its first meeting Oct. 6.
Ex-Secretary of State Charlie White begins serving home detention
Former Indiana Secretary of State Charlie White has started serving his one-year sentence of home detention more than 3½ years after being convicted of perjury and other charges that forced him from office.
IndyBar: Pandemic Preparedness CLE Stays Ahead of Flu Season
Last fall, the country dealt with the Ebola crisis, and flu season will be here before you know it. When IndyBar attorneys recognized the guidance organizations needed in order to deal with these outbreaks, they did something about it. Members of the Health Care & Life Sciences Section and the Labor & Employment Law Section planned an upcoming CLE addressing Pandemic Preparedness: Legal, Employment and Ethical Considerations on Tuesday, Oct. 13.
Herceg: Millennials Unite: Join Up and #SHOWUP for Yourself and Your Community
The number of Millennials joining and participating in bar associations is declining. John Trimble, Terrance Tharpe and others have previously touted the benefits of joining and participating in bar associations, but this guest column (thanks to John for the invitation) is different. This column specifically goes out to my fellow Millennials.
IndyBar: Peace Learning Center Named 2015 Impact Fund Grant Recipient
With help from the Indianapolis Bar Foundation, more than 2,500 local school children will gain access to critical conflict resolution skills through an innovative Restorative Justice program spearheaded by Peace Learning Center (PLC). PLC was recently named the recipient of the Indianapolis Bar Foundation’s 2015 Impact Fund grant, which will provide $35,000 in funding to make this essential program possible.
Carmel City Council passes anti-discrimination ordinance
Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony.
Hammerle On … ‘Grandma,”Black Mass’
Bob Hammerle writes that “Black Mass” demonstrates the downside of our national character.
Inside the Criminal Case: New playbook for prosecuting white collar crime
There is a theme that permeates the news reporting of the 2008 financial crisis: no one went to jail as a consequence. In possible reaction to this theme, the U.S. Department of Justice recently issued a bulletin that has since been referred to as the “Yates Memo.”
DTCI: Second chair is not second fiddle
I had the privilege of being the second chair at my first jury trial in March of this year. As I begin preparations for my next trial as second chair, I have been reflecting on what I learned the first go-round. I share my thoughts here with the hope that they will help other young attorneys – or even a seasoned attorney when he or she mentors young attorneys.