IndyBar: Straight Talk Straight from the Top
Members of the current IndyBar Board of Directors discuss their roles, responsibilities and also offer advice to those considering serving on the board in 2015.
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Deveau: RCRA threatens validity of brownfield redevelopment
During the past 12 months a troubling trend has developed in the area of brownfield redevelopment. In several routine property transactions, buyers, sellers and lawyers have had the unpleasant experience of having their deals scuttled by a questionable application of the Resource Conservation and Recovery Act.
Indiana joins other states challenging EPA regulatory authority
Indiana has joined 11 other states in filing a lawsuit against the U.S. Environmental Protection Agency, taking the unusual tactic of challenging the federal government’s authority to regulate greenhouse gases rather than challenging the rule itself.
Inside the Criminal Case: Can your lyrics be used against you in court?
It is common knowledge that what you say can and will be used against you. But what about what you sing or intend to sing?
Federal Bar Update: Proposed rule changes, redacting documents
The Judicial Conference Advisory Committees on Civil Rules has published proposed amendments to several rules and is seeking public comment.
DTCI: Playing by the rules
Christopher Lee uses a popular board game to teach his children about democracy and the rule of law.
Editor’s Perspective: Another crack in the glass ceiling
I’d like to make a suggestion to Indiana lawmakers when they return for the 2015 legislative session. I am not telling you how to do your jobs, but this suggestion falls under the guise of editing, so I feel I’m within my bounds.
Dickson: Only judges to decide pretrial release
Indiana Justice Brent Dickson says it’s not fair that people are kept in jail because they do not pay a bond to get out.
Hemp’s growing pains in Indiana
Industrial hemp was legalized in Indiana when Gov. Mike Pence signed a bill into law this year, but you still can’t grow the crop in the Hoosier State.
$500M Marion County Justice Center relies on novel funding
A mainstay of the travel industry, all-inclusive packages are gaining traction with governments that want a simpler way to deliver new public facilities. For an annual fee, a private-sector consortium will design, build, finance, maintain and operate a new road or building. Indianapolis could become one of the first U.S. cities to ink such a deal with a new jail and courthouse on the former site of the GM stamping plant.
Norman Metzger praised for longtime leadership at ILS
Like many young adults in the 1960s, Norman Metzger was inspired by the belief that it is possible to change the world. After a lifetime in public service, the 75-year-old attorney has never lost his passion to make things better for those who have little means and often no voice.
Gift expands Maurer-linked conservation law program to McKinney students
Nature can’t always defend itself, but a recent gift to the Conservation Law Center in Bloomington will further the work of preserving environmental resources and open doors to more students drawn to a clinical experience in conservation law.
Hammerle On…’Guardians of the Galaxy,’ ‘Boyhood’
Bob Hammerle says there isn’t a mother who won’t shed a tear watching “Boyhood.”
Indiana Court Decisions – Aug. 6 to 19, 2014
Read recent appellate decisions involving Indiana cases.
Rush takes oath as chief justice in understated event
Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Aug. 18 as the state’s first female chief justice, Loretta Rush said the history in the tomes spoke volumes to her.
Nothing boring about board games
Attorneys find the more traditional style of gaming is a good way to take a break from work and focus on friends.
Members of the Class of 2017 start law school
About 872 people are expected to begin their legal studies this fall at law schools in Indiana.
Opinions Aug. 25, 2014 ILD
Indiana Court of Appeals
Amanda Kay (Albin) Brasseur v. Gregory Joseph Brasseur (NFP)
42A05-1402-DR-84
Domestic relation. Affirms in part, reverses in part and remands order on distributions of marital assets, holding the trial court abused its discretion in assessing the value of a mortgage encumbering the marital residence.
In the Matter of the Involuntary Commitment of G.M. v. Columbus Regional Hospital Mental Health Facility and Dr. Michael Stark (NFP)
03A01-1312-MH-533
Mental health. Affirms order of involuntary commitment.
Karla Hart v. Douglas Kaderabek, M.D. (NFP)
49A02-1312-PL-1036
Civil plenary. Affirms summary judgment in favor of Douglas Kaderabek, M.D.
Tiandre Harris v. State of Indiana (NFP)
49A04-1401-CR-45
Criminal. Affirms conviction of murder.
Holly Richardson v. Med-1 Solutions, LLC, as Agent for Deaconess Hospital (NFP)
82A04-1403-SC-109
Small claim. Affirms denial of motion to correct error.
Opinions Aug. 25, 2014
Indiana Supreme Court
Indiana Department of State Revenue v. Caterpillar, Inc.
49S10-1402-TA-79
Tax. Reverses judgment of the Indiana Tax Court in favor of Caterpillar, holding the company may not deduct foreign-source dividend income when calculating net operating losses based on plain statutory meaning. Caterpillar also did not meet its burden to prove the conclusion violated the Foreign Commerce Clause. Remands to the Tax Court with instructions to grant summary judgment in favor of the Department of Revenue.