NCAA’s top lawyer ready to keep fighting in O’Bannon case
Donald Remy has an answer for those who believe the NCAA is waging a losing battle against Ed O'Bannon: Think again.
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Donald Remy has an answer for those who believe the NCAA is waging a losing battle against Ed O'Bannon: Think again.
Indiana Court of Appeals
Delmar P. Kuchaes v. Public Storage, Inc. (mem. dec.)
49A04-1411-PL-545
Civil plenary. Reverses summary judgment in favor of Public Storage. Finds the Marion Superior Court erred in granting Public Storage’s motion for summary judgment without considering Kuchaes’ response and materials in opposition. Also, finds the trial court erred by ruling on the parties’ cross-motions for summary judgment without conducting a hearing. Remands with instructions for the trial court to conduct a hearing on both summary judgment motions and to consider all of the parties’ materials.
M.D. v. Indiana University Health Bloomington Hospital (mem. dec.)
53A05-1411-MH-515
Mental health. Affirms order of forced medication following a regular involuntary commitment order expected to exceed 90 days.
M.S. v. State of Indiana (mem. dec.)
49A02-1403-JV-184
Juvenile. Affirms Marion Superior Court’s adjudication of M.S. as a delinquent child for committing robbery, a Class C felony.
Amanda and Joseph Emanuele and Alicia Emanuele v. Winford E. Moore, III (mem. dec.)
41A01-1409-GU-397
Guardianship. Affirms Johnson Superior Court’s order denying grandparents’ petition for permanent guardianship of minor child and awarding custody to the biological father.
In the Matter of the Term. of the Parent-Child Relationship of J.L., T.L. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
49A02-1410-JT-732
Juvenile. Affirms Marion Superior Court’s order terminating mother’s parental rights to J.L.
Antione Nelson v. State of Indiana (mem. dec.)
32A04-1409-CR-454
Criminal. Affirms sentence of 30 days in Hendricks County Jail and suspension of Nelson’s license for 180 days for driving while suspended, a Class A misdemeanor.
The Lewallen Revocable Trust, et al. v. Fifth Third Mortgage Company (mem. dec.)
15A01-1409-MF-396
Mortgage foreclosure. Affirms Dearborn Circuit Court’s Decree of Foreclosure with respect to one-half interest held by the trust. Reverses the Decree of Foreclosure with respect to Randall C. Lewallen’s one-half interest in the property. http://www.in.gov/judiciary/opinions/pdf/06021506par.pdf
Ricci Dale Davis, Jr. v. State of Indiana (mem. dec.)
35A02-1411-CR-804
Criminal. Affirms conviction of dealing in methamphetamine within 1,000 feet of a youth program center, a Class A felony.
Ashley J. Todd v. State of Indiana (mem. dec.)
02A04-1412-CR-588
Criminal. Affirms aggregate four-year sentence, fully executed in the Indiana Department of Correction for possession of methamphetamine, a Class D felony; maintaining a common nuisance, a Class D felony; possession of chemical reagents or precursors with the intent to manufacture, a Class D felony; possession of paraphernalia, a Class A misdemeanor; and theft, a Class D felony.
7th Circuit Court of Appeals
Tommy R. Pruitt v. Ron Neal, Superintendent, Indiana State Prison
13-1880
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller, Jr.
Post conviction. Reverses death sentence for Tommy Pruitt, convicted of murder for killing Morgan County Deputy Sheriff Daniel Starnes in 2001. Pruitt has established that he is intellectually disabled and categorically ineligible for the death penalty and that trial counsel were ineffective in their investigation and presentation of evidence that Pruitt suffered from schizophrenia. Remands for new penalty-phase proceeding.
A split Indiana Court of Appeals found that affidavits from an injured man’s family members as to his mental competency were not sufficient to overcome his failure to file a complaint before the statute of limitations had expired.
The move to create commercial courts in Indiana, first mentioned by Chief Justice Loretta Rush during her State of the Judiciary address in January, is a step closer to becoming a reality. The Indiana Supreme Court announced Tuesday that it has named a working group to recommend policies and procedures for the courts, which could be hearing cases as early as 2016.
The death sentence imposed on a man for the killing Morgan County Deputy Sheriff Daniel Starnes in 2001 has been reversed by the 7th Circuit Court of Appeals.
Start off the CLE season strong by checking out Representing Unaccompanied Minors in Immigration Proceedings on Thursday, June 11 from noon to 1 p.m.
I will never forget the first mentoring moment that I received from my legal mentor, Robert Wagner.
Three hours out of 744. That’s all it takes to help a family in need—a few hours each month. The result? Happier, safer families leading to a happier, safer city.
If you go to the Bench Bar Conference, you will meet some of Indy’s finest legal professionals – it’s guaranteed. You’ll also get to learn from some of the most well-known and experienced practitioners in the field.
Describing itself as having a “hybrid status,” Zionsville successfully argued it had the authority to reorganize with Perry Township and convinced the Indiana Court of Appeals to overturn a lower court’s order blocking its efforts to incorporate the township.
Throughout the IndyBar’s Bar Leader Series, the importance of motivating, inspiring and leading for the benefit of the profession and community is emphasized at every turn. Participants in Class XII of the series clearly took this to heart, sharing impactful, visionary community service projects at the Class XII Celebration, held May 19.
A former policyholder’s class-action lawsuit claiming Lincoln National Life Insurance breached its contract was expanded Tuesday by a Court of Appeals ruling.
On May 14, the young lawyers sections of Defense Trial Counsel of Indiana, the Marion County Bar Association and the Indiana Trial Lawyers Association held a joint networking reception at The Social in Indianapolis.
This article will analyze the current state of Indiana law and some of the pitfalls that practitioners and employers face when trying to enforce restrictive covenants.
Efforts are underway in Monroe County to bring trained dogs to the courthouse in Bloomington.
Indiana Lawyer is launching an occasional series in this issue titled “Open House.” In it, we will feature law firms, legal service providers, and other law-related entities that have undergone a redesign of their office to improve flow and function or that have repurposed a building or space to fit the needs of today’s legal providers. This issue features Connor Reporting.
A Hobart school district faces a lawsuit over prayers that are said before athletic events, graduations and school board meetings from parents who say the prayers violate the First Amendment.
See who’s recently joined an Indiana firm or been appointed to serve on a committee.