IndyBar: CLE Series to Tackle Legal Issues Surrounding Use of Force
Throughout the past months, the debate on police use of force has intensified. But how does this national issue relate to the practice of Indy lawyers?
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IndyBar: Scholarship Available to Health Law Conference
The Indianapolis Bar Association Health Care & Life Sciences Section is pleased to announce it is offering scholarships for the American Health Lawyers Association Fundamentals of Health Law Conference, November 15-17, 2015, in Chicago.
Prisoner’s Zantac lawsuit gives federal judges heartburn
An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.
When a Barking Dog is a Good Thing: Some Tips for Success for Young Lawyers
There is no shortage of sources for lawyers of all ages to receive tips on how to succeed. The tips that follow in this article are just a few that have been passed along to me by my mentors through the years.
IndyBar: Getting Along is Not Wrong
We set out to find examples of lawyers who model the way while providing excellent representation.
IndyBar: 2012 IBF Grantee Continues Good Work
Each year, Teen Court reaches out to more than 600 youth and their families through multiple intervention and diversion programs, including an in-school Teen Court model.
Law school deans excited about Class of 2018
Law schools in Indiana are conducting orientations and starting classes for the 2015-2016 academic year. The class sizes are approximate and deans anticipate the numbers will change slightly, but overall they are excited about the new crop of students.
ABA report reflects current law school innovations
Weeks after the American Bar Association approved a set of recommendations to address law student debt and educational experience, legal educators in Indiana described the recommendations as thoughtful but not necessarily different from what they are doing.
TV’s ‘Shift’ suspect got shaft, but rights weren’t violated
A man who was wrongly arrested and charged with murder by Indianapolis police, whose investigation was being documented for the reality TV series “The Shift,” lost his appeal in a civil rights lawsuit against police.
Consumers don’t have to wait for fraudulent charges
A recent ruling from the 7th Circuit Court of Appeals – the first to find that consumers do suffer harm when their credit card information is stolen – may be headed back to appellate court after the defendant retailer accused the judges of “loose thinking.”
Judicial luminaries to mark Magna Carta’s 800th year
A who’s who of Indiana lawyers and state and federal court judges will soon mark eight centuries since Britain’s King John relented in the face of a baron rebellion and placed his seal on the document that guaranteed, among other things, right to a trial by jury.
Americans with Disabilities Act turns 25
Also known as the largest civil rights act in the U.S., the ADA has resulted in gains for those with disabilities. However, there is still more work to be done.
DNA proposal highlights worries over privacy
Indiana Sen. Tim Lanane and his colleagues in the Indiana Statehouse are once again wrestling with when to collect genetic material from individuals in the criminal justice system.
Dimos takes key ABA post, vows to stay connected locally
James Dimos’ new leadership gig with the American Bar Association eventually will take him away from his adopted Indianapolis home of more than 30 years but, in a way, he’ll be returning home.
District Court too heavy-handed in judgment, 7th Circuit rules
A $2.7 million judgment in a messy dispute between a supplier and a now defunct furniture manufacturer has been overturned by the 7th Circuit Court of Appeals, which called the award “too heavy a sanction.”
Opinions Aug. 24, 2015 ILD
In the Matter of the Term. of the Parent-Child Relationship of T.K., Mother, J.W.R., Father, and K.R., J.R., and N.K., Children: T.K. and J.W.R. v. Ind. Dept. of Child Services (mem. dec.)
82A04-1501-JT-29
Juvenile. Affirms termination of parental rights.
James Johnson v. State of Indiana (mem. dec.)
49A02-1412-CR-83
Criminal. Affirms trial court determination that Johnson had committed a crime of domestic violence when he was convicted of Class C felony battery resulting in serious bodily injury.
Dennis Gifford and Mary Gifford v. Jeffrey Wicks and James Ector (mem. dec.)
49A05-1409-PL-427
Civil plenary. Reverses grant of summary judgment in favor of Wicks and Ector and remands for proceedings.
Thomas Missler and Allison Missler v. State Farm Insurance Company and Indiana Restoration & Cleaning Services, Inc.
29A05-1501-PL-30
Civil plenary. Affirms in part, reverses in part and remands a grant for summary judgment in favor of State Farm defendants. Remands for proceedings to determine whether the contract between the Misslers and Indiana Restoration & Cleaning Services was enforceable.
Patrick D. Keith v. State of Indiana (mem. dec.)
73A05-1412-CR-575
Criminal. Affirms aggregate sentence of 17 and a half years executed for convictions of Class B felony possession of methamphetamine, Class D felony possession of meth and possession of a controlled substance, and Class A misdemeanor possession of paraphernalia and for being a habitual substance offender.
Robert A. Olson v. State of Indiana (mem. dec.)
03A01-1504-CR-155
Criminal. Affirms revocation of probation.
Hans Gunther Oberth v. State of Indiana (mem. dec.)
59A01-1409-CR-422
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Kirsten L. Nolan v. Matthew A. Huff (mem. dec.)
49A01-1412-DR-565
Domestic. Reverses trial court order modifying custody. Remands for findings regarding whether modification was in the children’s best interests.
Eugene Hill v. State of Indiana (mem. dec.)
49A04-1502-CR-43
Criminal. Affirms conviction of Level 6 felony residential entry.
Donnis K. Wilkerson v. State of Indiana (mem. dec.)
48A05-1410-CR-481
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
Opinions Aug. 24, 2015
7th Circuit Court of Appeals
JMB Manufacturing Inc., d/b/a/ Summit Forest Products Co. v. Child Craft, LLC, et al
14-3306
Harrison Manufacturing, LLC, f/k/a Child Craft, LLC v. Ron Bienias
14-3315
Civil tort. Reverses judgment on Child Craft’s negligent misrepresentation counterclaim against Bienias and Summit. Directs the District Court to enter final judgment in favor of Bienias and Summit on that counterclaim. Affirms dismissal of Child Craft’s breach of contract against Summit and Summit’s claims against Child Craft.
Blackford judges ban clerk from courthouse
Judges in Blackford County last week issued an order barring the elected clerk from her courthouse offices or even on the sidewalks surrounding the courthouse in Hartford City, claiming she behaved inappropriately and disobeyed and sabotaged court commands.