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Making Rain: Website mistakes

A firm’s website has become the way your prospects, and probably current clients, evaluate and validate their choice to hire you to help them with their legal problems.

Lawyer who threatened rape fires back in discipline reply

A Fort Wayne lawyer who was charged after threatening to rape his opponent in a divorce case admits he was wrong to do that, but he says he shouldn’t be punished by the Indiana Supreme Court Disciplinary Commission because the threat wasn’t literal and he was protecting his client.

Committee plans medical malpractice checkup

Whether Indiana should allow Hoosiers to recover more than $1.25 million in medical malpractice lawsuits is one of the key questions lawmakers will be exploring next month. Some lawyers who represent plaintiffs and defendants in such cases say it’s probably time the cap on damages was raised.

Child identity theft poses unique problems

Identity theft is not a new problem, but studies show that it is intensifying, and that means more theft of children’s personal information. According to a survey by the Identity Theft Assistance Center, one in 40 households with a child under the age of 18 has experienced child identity theft.

Tinder departs 7th Circuit

Judge John Tinder is retiring, but he expects to seek opportunities to assist parties with litigation consulting, compliance and arbitration.

tinder-2col-big

Protecting jobs from protective orders

A little-noticed bill signed into law May 5 provides new protections in the workplace for victims trying to untangle themselves from domestic violence situations.

Opinions July 27, 2015 ILD

Indiana Court of Appeals
Anthony W. Taylor-El v. State of Indiana (mem. dec.)
49A05-1411-CR-538
Criminal. Affirms denial of motion to correct erroneous sentence.

In the Matter of the Termination of the Parent-Child Relationship of B.G. & F.G. (Children), and, F.G., Sr. v. The Indiana Department of Child Services (mem. dec.)
71A05-1411-JT-541
Juvenile. Affirms termination of parental rights.

Leo Kahn v. Fletcher Horn d/b/a Hartwood Architectural Antiques and Perry Glancy (mem. dec.)
93A02-1410-EX-755
Agency action. Affirms Worker’s Compensation Board decision that Perry Glancy was not liable under the Worker’s Compensation Act for Kahn’s injuries.

Kenneth Powers v. State of Indiana (mem. dec.)
69A04-1502-CR-72
Criminal. Affirms revocation of probation.

Ahkeem Shakur Scott-Manna v. State of Indiana (mem. dec.)
45A03-1411-CR-391
Criminal. Affirms murder conviction and 60-year sentence.

Ricky B. Akins v. State of Indiana (mem. dec.)
02A03-1412-CR-439
Criminal. Affirms in part, reverses in part and remands convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting. Vacates the Class C felony as a double jeopardy violation.

Jimmy Scott Huntington v. State of Indiana (mem. dec.)
15A01-1412-CR-544
Criminal. Affirms revocation of probation.

Larry D. Blanton, Jr. v. State of Indiana (mem. dec.)
53A04-1410-PC-509
Post conviction. Affirms denial of post-conviction relief.

Bonnie Motsch v. State of Indiana (mem. dec.)
02A03-1412-CR-451
Criminal. Affirms six-year sentence for convictions of Class D felony counts of theft and possession of a controlled substance and Class A misdemeanor counts of possession of paraphernalia and driving while suspended.

Opinions July 27, 2015

7th Circuit Court of Appeals
The following opinion was issued after IL deadline Friday
Katherine Cerajeski, Guardian for Walter Cerajeski v. Greg Zoeller, Attorney General of the State of Indiana, et al.
15-1313
Appeal from the United States District Court for the Southern District of Indiana.
Judge Jane Magnus-Stinson
Civil. Reverses dismissal of Cerajeski’s claim as moot, holding that she is entitled to legal fees because the suit led to a change in state law that enabled her to obtain damages sought in the litigation. Remands for a determination of reasonable legal fees, expressing a tentative view that the amount sought for the prior appeal –  $258,462.50 for 375.75 hours – is excessive.

Union pension plan gets victory in 7th Circuit

The 7th Circuit Court of Appeals has reversed a judgment against a union pension plan after finding the District Court erred as a matter of law and abused its discretion.

State must pay legal fees in unclaimed property appeal

A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.