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Opinions Oct. 7, 2014 ILD
Indiana Court of Appeals
Shawn L. Moore v. State of Indiana (NFP)
90A02-1401-CR-19
Criminal. Affirms concurrent sentences of 16 years for Class B felony unlawful possession of a firearm by a serious violent felon and eight years for Class C felony corrupt business influence.
Jo Ann Hacker v. Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide (NFP)
67A01-1405-MF-196
Mortgage foreclosure. Affirms summary judgment in favor of Bank of America, N.A. Finds Hacker is directly liable as a matter of law for her breach of the promissory note as a maker and borrower.
Larry W. Dudley v. Review Board of the Indiana Department of Workforce Development and TC Heartland, LLC (NFP)
93A02-1405-EX-326
Civil. Affirms decision by the Review Board of the Indiana Department of Workforce Development that Dudley is disqualified from receiving unemployment insurance benefits because he was discharged for just cause.
Eric D. Smith v. State of Indiana (NFP)
49A02-1404-IF-310
Infraction. Affirms denial of Smith’s Indiana Trial Rule 60(B) motion for relief from judgment. Finds Smith did not present a meritorious defense that he was not the person who was caught speeding and who appeared in court to admit the infraction.
Opinions Oct. 7, 2014
Indiana Supreme Court
Evansville Courier & Press and Rita Ward v. Vanderburgh County Health Department
82S04-1401-PL-49
Civil plenary. Reverses determination by trial court and finds death certificates which include the cause of death are public records. Holds a plain reading of the state statute denies public viewing of death information at the Indiana State Department of Health but gives private citizens access to death records at the local county health department. Remands for summary judgment in plaintiffs’ favor and to determine award of attorney fees.
Unanimous Supreme Court holds death certificates are public records
Taking what it called a “plain reading” of the state statute, the Indiana Supreme Court ruled death certificates which include the cause of death are public records and should be available to anyone who requests access.
7th Circuit rules against insurer in jurisdiction dispute
The 7th Circuit Court of Appeals reversed a federal court judgment in favor of an insurer after the insurer’s motion to intervene in a state court lawsuit on the same matter was denied. The federal court incorrectly determined the state court did not have jurisdiction over an injured worker’s lawsuit.
Mother loses custody after COA rules trial court had jurisdiction
A mother’s argument that the trial court did not have jurisdiction to grant full custody of her daughter to the girl’s father did not convince the Indiana Court of Appeals, which found an agreement between the parents gave the court jurisdiction.
Accomplice in jewelry store robbery loses sentence appeal
The 45-year sentence imposed on an accomplice in a jewelry store robbery was affirmed by the Indiana Court of Appeals Tuesday, even though the crime to which he pleaded guilty is now punishable by a maximum sentence of 20 years.
Indianapolis man gets 28 years for coercing sex
A judge sentenced an Indianapolis man to 28 years in prison Monday for tricking teenage girls as young as 13 into sending him explicit photos via Facebook and using the photos to coerce the girls into having sex with him.
IndyBar: IBF Fellows Serve Supper at Ronald McDonald House
On Tuesday, Sept. 30, the Indianapolis Bar Foundation (IBF) Distinguished Fellows gathered for a service project at the Ronald McDonald House of Indiana. Fellows and their families volunteered to prepare and serve a meal to around 40 guests who are family members of seriously ill or injured children.
IndyBar: ADR Section Hosts Successful Annual Mediation Day
On Friday, Sept. 26, the IndyBar Alternative Dispute Resolution (ADR) Section hosted its annual Mediation Day, which was coordinated by ADR Section Chair Phyllis Armstrong of The Mediation Group.
IndyBar: Volunteers Needed for Family Law/Minor Guardianship Pro Bono Cases
Since early 2013, the IndyBar and local legal service providers have been teaming up to provide pro bono help in family law cases. More than 100 cases have been placed as a result of these efforts, and additional volunteers are needed to continue this successful partnership.
IndyBar: Getting Along Isn’t Wrong: Family Law Role Models
Eric Olson highlights three attorneys who have stood out over the years for getting along with opposing counsel.
Marion County to create veterans court
Marion County plans to start a veterans court next year, a specialized problem-solving court that will allow diversion of lower-level criminal offenses for those who served in the military.
Abrams: Professionalism and Civility
This past week made two marks on my personal challenge to promote and encourage professionalism and civility.
IndyBar: Indianapolis Bar Foundation Introduces Legacy Fund
The Indianapolis Bar Foundation (IBF) is pleased to announce the formation of its new Legacy Fund, a planned giving initiative that ensures that the mission of the Indianapolis Bar Foundation – to advance justice and lead positive change in Indianapolis through philanthropy, education and service – will continue to positively impact our community and our profession for generations to follow.
Making Rain: I’m pretty sure my clients love me
Most small to mid-sized companies use on average three to five law firms. Larger companies use even more. So, each and every day you are being compared to your competitors. Knowing how you compare to them in terms of your service and client satisfaction is good to know. You can get this information in a variety of ways and use it to bring in even more business from the client.
Hammerle on … ‘The Skeleton Twins,’ ‘The Disappearance of Eleanor Rigby: Them’
Bob Hammerle says “The Skeleton Twins,” which stars two people know for their comedy work, derives its strength not from comedy but the emotional connection of disturbed twins.
Smith: What to do when the EPA sends an Information Request
Even the best companies occasionally attract the attention of regulators. Recently, the United States Environmental Protection Agency announced that it will be focusing on addressing noncompliance issues and vigorous enforcement. EPA commonly investigates compliance and potential enforcement with an “Information Request.”
On The Move – 10/8/14
Read who’s joined an Indiana firm, been appointed to a board or received an award.