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Opinions Jan. 28, 2014

7th Circuit Court of Appeals
Bitler Investment Venture II, LLC, et al. v. Marathon Petroleum Company LP, et al.
12-3722.
Civil. Affirms in part, reverses in part a $269,000 judgment in favor of Bitler. Remands with instructions to double damages awarded under Michigan’s laws regarding doctrine of waste for properties that Marathon failed to maintain and were ultimately condemned. Reverses dismissal of certain contract claims and remands to the District Court for the Northern District of Indiana for trial on those issues.

COA finds attorney was not ineffective

The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”

Raccoon hunter cleared of conviction for fetching wayward dog

A raccoon hunter’s misdemeanor conviction was reversed Tuesday when appellate judges determined he wasn’t hunting or chasing wildlife when he retrieved his wandering dog from property where he didn’t have permission to hunt.

In pollution suit rehearing, COA rejects fresh arguments

The Indiana Court of Appeals affirmed on rehearing a decision that the Allen County Public Library could pursue damages against contractors resulting from a diesel spill during a building project. A panel rejected arguments from defendants that it said violated a “cardinal rule” because they were raised for the first time on rehearing.

Bars discussing marriage amendment, but cautious about taking a stance

Among the nearly 13,000 members of the Indiana State Bar Association, views on the proposed marriage amendment are falling into three separate camps: those who think the association should publicly support it, those who think the association should publicly oppose it and those who think the association should refrain from taking a position at all.

7th Circuit: Marathon owes more for abandoned locations

Owners who leased properties in Michigan and Indiana that were used as Marathon gas stations – some of which were neglected, abandoned and condemned while Marathon leased them – will be paid more than the $269,000 a District judge in Fort Wayne awarded.

IndyBar: Customize Your IndyBar Communications Experience

Every person is unique in the way that he or she consumes news and information online. Just as one individual loves email updates, another prefers RSS feeds. As part of the IndyBar’s ongoing efforts to increase the amount of relevant, useful content provided to members, several options have been developed to make getting your IndyBar news easy and enjoyable.

IndyBar: Additional Benefit Added to Plus CLE

The past year saw the introduction of a pilot program to test the viability of bundling CLE with section membership. The pilot program, which was tested with four IndyBar sections, proved overwhelmingly successful, attracting new members and boosting attendance levels at CLE programs.

The IBF: Your Opportunity to Make An Impact

The IBF truly is your private foundation. By that, I mean the IBF’s annual fundraising goal of over $250,000 is supported almost entirely by attorneys and judges who are members of the IndyBar. With these fundraising efforts, your foundation annually funds the $35,000 Impact Fund grant and supports IndyBar programs and initiatives to the sum of more than $100,000.

On the Move – 1/29/14

Read who’s recently been made partner, joined Indiana firms, or been honored in the community.

DTCI: Discovery of the facts behind settlement documentaries

With increasing frequency, plaintiffs’ attorneys are using settlement “documentary” videos before and during mediation in catastrophic cases. Utilizing the format of a tabloid television news program, these “documentaries” address problematic liability and damages issues in a light that is often unreasonably favorable to the injured party.

BGBC: Court agrees with IRS that advanced client expenses are loans

An important U.S. Tax Court ruling last year may affect you and your law firm. The case settled a long-standing dispute between attorneys and the Internal Revenue Service regarding advanced client expenses for lawyers who handle cases on a contingency basis.