Open House: Move north proves positive for Schuckit & Associates
The new location contains a calmer, more relaxed and “dog-friendly” environment for lawyers and staff.
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Indianapolis lawyer to advocate for attorneys as ISBA president
On Oct. 9, Carol Adinamis will become the third woman to serve as president of the Indiana State Bar Association in its 119-year history.
Motor vehicle accident: rear-end collision
Dennis R. Thomas and Luisa Thomas v. Phyllis A. Isenhower
Americans with Disabilities Act discrimination
Kristine R. Rednour v. Wayne Township Fire Department and Wayne Township
Hammerle On… ‘Best of Enemies’, ‘The End of the Tour’
Bob Hammerle writes in regard to “The End of the Tour”: “This film does a disservice to both Mr. Wallace and the audience. How could brilliance be displayed in such a dull fashion?”
Nothing is more important to democracy than civic literacy
As we approach the 228th anniversary of the signing of the U.S. Constitution this Sept. 17, we might consider where civic literacy is taking place.
Senior partner performs at ballroom dance competitions
Peter Velde, a senior partner at Kightlinger & Gray LLP, enjoys the many benefits of ballroom dancing, and has participated in four dance competitions alongside his wife, Doreen.
DTCI: Candor toward tribunal trumps attorney-client privilege
The requirement for candor toward the tribunal is set forth in Indiana Rule of Professional Conduct 3.3, and it qualifies the attorney-client privilege.
3 things to know about the ethics of files
A formal opinion recently issued by the American Bar Association’s Standing Committee on Ethics and Professional Responsibility sheds light on what materials belong to the client.
Mental health inquiries get fresh look from the ABA
Indiana State Board of Bar Examiners is again reviewing its mental health questions in light of new guidance from the American Bar Association, but at this point, the board has no plans to make changes to the inquiries.
Patent hub playing matchmaker for inventors, pro bono attorneys
Under a mandate from Congress to help independent inventors, the U.S. Patent and Trademark Office started opening patent hubs around the country. The Center for Intellectual Property Research at Indiana University Maurer School of Law will be the hub serving Indiana.
Indy nonprofit, law firm help curb childhood diseases
Lauren Braun has been helping safeguard the health of children in impoverished countries for years. A small band she’s developed could bring those efforts full circle with a pro bono assist from a small band of Indianapolis lawyers.
Contraception mandate, again, found not to burden religious beliefs
A split 7th Circuit Court of Appeals has upheld its own precedent, finding a contraception provision does not violate religious freedom. But the ruling drew a sharp, 35-page dissent from one judge.
With clerk jailed, same-sex Kentucky couples get marriage license
A gay couple emerged from a county clerk's office in Morehead, Kentucky, with a marriage license in hand Friday morning, embracing and crying as the defiant clerk who runs the office remained jailed for her refusal to issue the licenses because she opposed same-sex marriage.
Courts to close Monday for Labor Day
State and federal courts will be closed Monday, Sept. 7, in observance of the Labor Day holiday.
Opinions Sept. 4, 2015 ILD
Indiana Court of Appeals
In Re the Adoption of: N.S. and I.S., Children, M.S. v. B.K. (mem. dec.)
32A01-1411-AD-500
Adoption. Affirms granting of B.K.’s (stepfather) petition to adopt the children N.S. and I.S. Denies stepfather’s request for appellate attorney fees.
Marcus Blackmon v. State of Indiana (mem. dec.)
49A02-1412-CR-890
Criminal. Affirms convictions of dealing in a narcotic drug, a Class A felony; possession of a controlled substance, a Class D felony; two counts of resisting law enforcement, Class A misdemeanors; and escape, a Class C felony.
Cleveland Range, LLC v. Lincoln Fort Wayne Associates, LLC
02A05-1503-PL-96
Civil plenary. Affirms order permitting Lincoln Fort Wayne Associates to depose three of Cleveland’s witnesses even though Lincoln has not yet initiated litigation. Finds the petition qualified under Indiana Trial Rule 27 because it is being used to memorialize evidence that is already known rather being used as a pre-trial discovery device.
Jonathan Paul Graham v. State of Indiana (mem. dec.)
54A01-1502-CR-61
Criminal. Affirms an aggregate sentence of four and one-half years (with two and one-half years suspended to probation) for pleading guilty to one court of possession of paraphernalia, a Class A misdemeanor; two counts of contributing to the delinquency of a minor, Class A misdemeanors; and one court of maintaining a common nuisance, a Level 6 felony.
Nathan McFarland v. State of Indiana (mem. dec.)
89A01-1412-CR-532
Criminal. Affirms 13-year sentence for conviction of battery, a Class C felony and his adjudication as a habitual offender.
IL Daily will not publish Sept. 7 in observance of the Labor Day holiday. Publication will resume Sept. 8. IL wishes you a safe and enjoyable holiday weekend.
Opinions Sept. 4, 2015
7th Circuit Court of Appeals
Grace Schools, et al., and Diocese of Fort Wayne-South Bend, Inc., et al. v. Sylvia Mathews Burwell, et al.
14-1430-1431
Appeals from the U.S. District Court for the Northern District of Indiana
Judge Jon De Guilio
Civil. Reverses preliminary injunction in favor of the plaintiffs, preventing the federal government from enforcing the “contraceptive mandate” of the Patient Protection and Affordable Care Act. However, extends the injunction for 60 days to allow the District Court the time to address additional arguments made by the parties. Finds the accommodation does not impose a substantial burden on the plaintiffs’ religious beliefs. Judge Daniel Manion dissents, arguing nonprofits have shown accommodation violates the federal Religious Freedom Restoration Act.
Councilman sues South Bend for not defending him in lawsuit
A South Bend city council member is suing the city for not defending him in a libel case involving a wiretapping investigation.
Tax Court affirms dismissal of common-property assessment appeals
A homebuilder that challenged assessment of common area parcels of land within several residential neighborhoods in Hendricks County lost its appeal at the Indiana Tax Court Friday.