Tax Court panel to review resources, performance
The Indiana Supreme Court Monday announced the establishment of a task force to review the Tax Court’s operations.
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Bankruptcy judge’s swearing-in ceremony Wednesday
Judge Jeffrey J. Graham of the U.S. Bankruptcy Court for the Southern District of Indiana will be formally sworn in during a public ceremony at 3 p.m. Wednesday at the Birch Bayh Federal Courthouse in Indianapolis.
McCauley: Are you prepared for a data breach litigation?
Data breaches can be very stressful events for an organization and counsel should be prepared to help a client navigate the complexities of a proper response. At the end of the day, maintaining the client’s ongoing relationship with its customers and its reputation in the marketplace should be the primary goal of the client and counsel.
Lechleiter: PTO improves adversarial procedures for challenging patents
As the U.S. Patent and Trademark Office issues more and more patents each year, inevitably many companies will find themselves named as defendants in patent-infringement litigation.
Intellectual property issues are increasingly arising in other practice areas
Intellectual property is no longer the geeky practice area, and it is going to continue to become more and more prominent. Patent and trademark issues continue to emerge in practice areas such as family law, estate planning and business law.
Sanctioning Bettie Page
Bettie Page’s name and image popularized by once-scandalous pinups from the 1940s and 1950s remain hot properties still able to stir up trouble.
Judge delays decision on NCAA concussion settlement
A U.S. judge has declined to immediately approve the National Collegiate Athletic Association’s $75 million settlement of a lawsuit by college athletes who’ve suffered head injuries, giving a critic of the accord three weeks to file arguments opposing the revamped deal.
Opinions April 20, 2015 ILD
Indiana Court of Appeals
Amber Mobley v. State of Indiana (mem. dec.)
49A02-1409-CR-611
Criminal. Affirms conviction and 180-day sentence, with 176 days executed and credit for the remaining days, for Class B misdemeanor criminal mischief.
Paul Bell Jr. v. State of Indiana (mem. dec.)
02A03-1410-CR-366
Criminal. Reverses conviction and three-year sentence for Class D felony sexual battery. Finds Ball’s conduct toward his victim does not meet the definition of sexual battery. The state failed to prove the victim was mentally disabled or deficient at the time of the incident.
Zachery A. Doan v. State of Indiana (mem. dec.)
02A03-1408-CR-302
Criminal. Affirms conviction of Class A felony robbery and Class B felony for burglary and a 75-year aggregate executed sentence.
Keandre Arnold v. State of Indiana (mem. dec.)
49A02-1407-CR-500
Criminal. Affirms 40-year sentence for Arnold’s conviction of attempted murder, a Class A felony, and 365 days for his conviction of invasion of privacy, a Class A misdemeanor.
Joel Hoke v. State of Indiana (mem. dec.)
49A02-1409-CR-600
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated with endangerment.
William R. Koenig v. Wendy Knight (mem. dec.)
48A02-1412-MI-866
Miscellaneous. Affirms denial of Koenig’s petition for writ of habeas corpus and immediate release.
Joel Rowley v. State of Indiana (mem. dec.)
49A05-1408-PC-413
Post conviction. Affirms denial of Rowley’s petition for post-conviction relief.
Justices add 2 foreclosure cases to docket
A challenge to a foreclosure judgment against a bank that was reinstated by a divided Court of Appeals panel will be heard by the Indiana Supreme Court. Justices granted transfer in two mortgage foreclosure cases last week.
Opinions April 20, 2015
Indiana Court of Appeals
Stephen F. Smith v. Foegley Landscape, Inc.
71A03-1405-SC-169
Small Claims. Affirms judgment in favor of Foegley Landscape but reverses $1,500 award for attorney fees. Finds the small claims court did not have any documentation to properly evaluate the reasonableness of the fees. Remands to the small claims court to hold a hearing and determine the reasonable attorney fees.
IndyBar: ‘Move forward aggressively’ on justice center vote
The Indianapolis Bar Association urged the Indianapolis Marion County City-County Council on Monday to “move forward aggressively to construct the criminal justice facilities our city’s citizens require.”
Judge: Notre Dame police aren’t subject to open records law
A judge in South Bend has ruled the University of Notre Dame’s police department isn't subject to Indiana’s open records laws, saying that is how the law has been understood for years and it would not be appropriate for the court to rewrite the statute.
High court rejects terror victims’ claims against Chiquita
The Supreme Court of the United States has rejected an appeal from relatives of thousands of victims of a guerrilla conflict in Colombia who want to sue Chiquita Brand International in U.S. courts.
Racial retaliation claim against mover proceeds to trial
A moving company that allegedly permitted an environment of open racial hostility toward two African-American employees must face a jury on a complaint alleging discriminatory retaliation, a federal judge has ruled.
Landscaper’s attorney fails to explain fee
A landscaping company’s award for attorney fees has been sent back to small claims court for reconsideration after the business and the attorney failed to submit documentation supporting the fee amount.
Judgment for Planned Parenthood stands, but not for minor’s ID provider
A woman who gave her son’s 17-year-old girlfriend another person's ID and posed as her mother to help her obtain an abortion was not properly dismissed from a lawsuit brought by the pregnant girl’s mother, the Indiana Court of Appeals ruled Friday. Summary judgment in favor of Planned Parenthood of Indiana was proper, the court held.
Lawsuit claims IU Health, midwifery practice risked lives
A federal whistleblower lawsuit says IU Health and midwifery practice HealthNet defrauded the government of millions of dollars and put low-income pregnant women at risk.
Death penalty sought in suspected serial killings
Prosecutors in Crown Point are seeking the death penalty against a Gary man charged in the slayings of two women and suspected in the deaths of five others.
Hope town marshal to spend 2 weeks in jail
A southern Indiana town marshal will spend two weeks in jail after a jury in Columbus convicted him of felony misconduct and misdemeanor false informing.
Opinions April 17, 2015 ILD
Indiana Court of Appeals
Andrew C. Stevens v. State of Indiana (mem. dec.)
06A05-1404-CR-144
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.
In Re: The Guardianship of Sharon Izzo (mem. dec.)
53A05-1407-GU-320
Guardianship. Affirms appointment of guardian for Izzo’s person and estate petitioned by Adult Protective Services.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.D., Minor Child, and Her Father, B.D., B.D. v. Ind. Dept. of Child Services (mem. dec.)
49A02-1409-JT-631
Juvenile. Affirms termination of parental rights.
James D. Benge v. State of Indiana (mem. dec.)
67A01-1409-CR-393
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Chad McKinney v. State of Indiana (mem. dec.)
49A04-1406-PC-282
Post conviction. Affirms denial of post-conviction relief.
Kenneth Ray Barnett, Jr. v. State of Indiana (mem. dec.)
45A05-1408-CR-374
Criminal. Affirms convictions of Class A and Class C felony counts of child molesting.
Kenneth E. Aker, Jr. v. State of Indiana (mem. dec.)
53A01-1409-CR-411
Criminal. Affirms eight-year executed sentence for conviction of Class B felony neglect of a dependent resulting in serious bodily injury.
Randolf S. Sargent v. State of Indiana (mem. dec.)
20A03-1409-CR-338
Criminal. Affirms 30-year sentence for conviction of Class A felony dealing in methamphetamine.