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Lucas: Indiana Lawyer names 2015 Leadership in Law award winners
Congratulations to our 2015 Leadership in Law Distinguished Barristers and Up and Coming Lawyers! This year’s group comprises an exceptional representation of legal talent, and Indiana Lawyer is pleased to have the opportunity to honor their work.
Disciplinary Actions – 3/11/15
Read who recently had his suspension terminated by the Indiana Supreme Court.
Patients sue Lilly, claim Cymbalta withdrawal hazards
Two federal lawsuits filed in Indianapolis allege Eli Lilly’s top-selling antidepressant Cymbalta caused almost immediate dangerous withdrawal symptoms when patients attempted to stop using the medication. The Indianapolis pharmaceutical company said the suits mirror federal complaints in New York and South Carolina in which Lilly has prevailed on summary judgment. Lilly global communications director […]
Dean’s Desk: Learning to write for the law
One of the educational challenges facing those of us in higher education (not just law) is teaching writing. The entry of what is often referred to as the millennial generation into higher education has shown a marked decrease in prior opportunities to write, to be critiqued, and, sadly, even to have been instructed in the basics of grammar, sentence structure and syntax.
Legislative debate highlights issues surrounding juvenile offenders
A proposed change to Indiana’s juvenile law has state legislators wrestling with the question of when children should be treated like adults.
‘Solar gardens’ catching on, but legality unclear in Indiana
Imagine seeing the price of gas drop 50 percent, then finding out you couldn’t take advantage because of a law that excluded drivers who lease their vehicles or whose fuel tank is on the wrong side. That’s pretty much the experience of most would-be solar energy users.
Landowners may be on hook for contamination caused by tenants
Lawyers say an appeals court ruling last year means landowners who learn of contamination on their property may be held liable for damages even if they did nothing to directly contribute to the pollution.
Anthem customers’ attorneys will have to prove injury
Since health insurance giant Anthem Inc. announced millions of customers’ information had been stolen in a data breach, class-action lawsuits against the company have been filed in federal courts across the country. Although the breach is unprecedented and consumers are fearful their identities will be stolen, the plaintiffs may not have been harmed according to the law.
Center Township Small Claims Court makes move Supreme Court previously blocked
New Center Township Small Claims Court Judge Brenda Roper is holding court in a new Marion County location that the Indiana Supreme Court less than two years ago found had significant access-to-justice issues.
Decades-long fight over landfill quietly concludes
A 37-year fight over a planned solid waste landfill in Anderson ended recently, concluding one of the longest environmental battles in state history. Only a few loads of trash were ever dumped at the Mallard Lake Landfill, but fortunes were spent litigating it.
‘Elkhart Four’ convictions put new spotlight on felony murder statute
Three teens convicted of felony murder have asked the Indiana Supreme Court to overturn their convictions because they did not directly kill the victim.
Opinions March 9, 2015 ILD
Indiana Court of Appeals
T.R. Bulger, Inc. and Thomas R. Bulger v. Indiana Insurance Company (mem. dec.)
46A03-1405-PL-188
Civil plenary. Reverses summary judgment in favor of Indiana Insurance Co. Finds the trial court erred in holding that Bulger was not entitled to reimbursement for the expenses incurred in assisting an attorney with the defense against a lawsuit from unsatisfied clients. Remands for trial court to determine whether the $64,620.35 requested by Bulger is reasonable and, if not, what a reasonable amount would be.
Amanda Choban v. State of Indiana (mem. dec.)
49A02-1406-CR-400
Criminal. Affirms Choban’s conviction of theft as a Class D felony.
Carol D. Geis v. State of Indiana (mem. dec.)
03A01-1409-CR-385
Criminal. Affirms conviction of failure to stop after an accident resulting in damage to property other than a vehicle, a Class B misdemeanor.
Jeffrey A. Dice, II v. State of Indiana (mem. dec.)
34A04-1407-CR-318
Criminal. Affirms conviction and 16-year sentence for Class B felony battery and vacates conviction of Class B felony neglect of a dependent. The conviction violated the prohibition against double jeopardy.
Derrick Morris v. State of Indiana (mem. dec.)
49A02-1408-CR-544
Criminal. Affirms conviction of Class C misdemeanor public nudity.
John Chupp v. State of Indiana (mem. dec.)
49A02-1408-CR-579
Criminal. Affirms denial of motion to correct erroneous sentence.
Opinions March 9, 2015
Indiana Court of Appeals
Stuart Reed and Michael Reed v. Michael Cassady
49A05-1405-PL-220
Civil plenary. Affirms order granting Cassady’s motion to enforce a $30,000 sanction as well as a finding that Distinctive Transportation Services, Inc. in contempt and imposition of a $10,000 fine. Reversal is not warranted on the order enforcing the $30,000 sanction and Reeds are jointly and severally liable. Also found reversal is not warranted of the $10,000 sanction.
Appeals panel affirms East Chicago library board must repay insurance premiums
A trial court properly ruled for the state when it ordered East Chicago Library Board members to repay more than $136,000 in health, dental, vision and life insurance premiums since state law says those members serve without compensation, the Indiana Court of Appeals ruled Monday.
More lawsuits filed in December Megabus crash in Indiana
More lawsuits have been filed by Megabus passengers injured when a double-decker bus rolled onto its side in southern Indiana in December.
SCOTUS to 7th Circuit: Review Notre Dame birth control case
The Supreme Court is ordering the 7th Circuit Court of Appeals to take another look at the University of Notre Dame’s lawsuit concerning the overhaul of federal health care rules on paying for contraceptives.
Indiana judge admonishes abducted teens’ sister at hearing
An Indianapolis judge admonished the sister of two Indianapolis teenagers kidnapped and held for ransom after she allegedly stole from her ex-boyfriend.
COA upholds $10,000 fine for failure to cooperate with discovery
A trial court that slapped a transportation company with a $10,000 sanction and ordered its president jailed if the fine was not paid did not commit an error, the Indiana Court of Appeals has ruled.
ISBA fund awards $100,000 to Conour victims
The Indiana State Bar Association Clients’ Financial Assistance Fund Committee has given $100,000 to victims who suffered losses due to the dishonest acts of ex-attorney William Conour, the ISBA announced Monday. The money was divided among 24 victims.