Term ‘patent troll’ gets attention of Congress
Many in Congress aren't sure what a patent troll is, but its negative connotation is being used to get the attention of Congress in an attempt to curb abusive litigation. IBJ has more on the issue.
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State seeks further discipline against suspended lawyer Paul Page
The Indiana Supreme Court Disciplinary Commission has filed a complaint against suspended Indianapolis attorney and developer Paul Page that could result in further sanctions against his law license.
Opinions April 3, 2014 ILD
Indiana Court of Appeals
In the Matter of the Civil Commitment of T.K. v. Department of Veterans Affairs, Richard L. Roudebush VA Medical Center (NFP)
49A02-1310-MH-878
Mental health. On rehearing, corrects and clarifies original order affirming involuntary commitment and denies relief.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions April 3, 2014
Indiana Court of Appeals
Jeffrey M. Miller and Cynthia S. Miller v. Federal Express Corporation and 500 Festival, Inc.
49A02-1307-PL-619
Civil plenary. Affirms summary judgment in favor of Federal Express and 500 Festival. The panel held that the entities were immune from the Millers’ claims of defamation and intentional infliction of emotional distress due to online comments critical to his leadership of Junior Achievement of Central Indiana. The entities are immune to the claims under the Communications Decency Act, which recognizes them as providers, not publishers, of Internet content.
Memory of Fort Wayne attorney honored with endowed scholarship at Indiana Tech Law School
The Fort Wayne law firm of Shambaugh Kast Beck & Williams LLP has endowed a $25,000 scholarship to Indiana Tech Law School, giving a boost to the law school which welcomed its inaugural class in August 2013.
Former JA boss loses defamation appeal naming FedEx, 500 Festival
The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.
AG files Medicaid fraud charges against Anderson dental office owner and employees
Nine individuals from an Anderson dental office, including three dentists and the owner, are facing criminal charges for allegedly obtaining hundreds of thousands of dollars from Medicaid illegally, the Indiana attorney general announced Wednesday.
Opinions April 2, 2014 ILD
Indiana Court of Appeals
David S. Healey v. State of Indiana (NFP)
33A01-1308-MI-368
Miscellaneous. Affirms the trial court’s order directing law enforcement and the Indiana Department of Correction to ensure that Healey’s information was no longer published on the Sex and Violent Offender Registry. Healey had appealed the order, arguing the trial court should have stated the 1995 amendment to the Sex and Violent Offender Registration Act was ex post facto punishment as applied to him and the trial court should have specifically noted any extraneous statements that it had made.
Sharico Blakely v. State of Indiana (NFP)
02A03-1308-PC-313
Post conviction. Affirms denial of Blakely’s petition for post-conviction relief.
Jaquari Daquion Dodd v. State of Indiana (NFP)
45A04-1309-CR-462
Criminal. Affirms 3 ½-year sentence for robbery, a Class C felony.
Tehlynn Trotter v. State of Indiana (NFP)
49A04-1308-CR-421
Criminal. Affirms conviction of Class A misdemeanor battery with bodily injury.
Lore Futrell v. KGRP, Inc. d/b/a The Kroger Co. (NFP)
49A02-1308-CT-702
Civil tort. Affirms summary judgment in favor of Kroger.
Christopher A. Fields v. State of Indiana (NFP)
66A04-1306-CR-314
Criminal. Affirms denial of Fields’ petition for writ of habeas corpus. Fields argued the trial court erred in calculating the class 1 credit time he earned while he was incarcerated for a parole violation. COA ruled Fields was not entitled to credit for the full 235 days he served because he had received a deprivation of 30 days credit time.
Darvelle White v. State of Indiana (NFP)
49A02-1307-CR-623
Criminal. Affirms White’s conviction of Class A misdemeanor operating a vehicle while intoxicated.
The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions April 2, 2014
Indiana Court of Appeals
David S. Healey v. State of Indiana (NFP)
33A01-1308-MI-368
Miscellaneous. Affirms the trial court’s order directing law enforcement and the Indiana Department of Correction to ensure that Healey’s information was no longer published on the Sex and Violent Offender Registry. Healey had appealed the order, arguing the trial court should have stated the 1995 amendment to the Sex and Violent Offender Registration Act was ex post facto punishment as applied to him and the trial court should have specifically noted any extraneous statements that it had made.
Same-sex couple’s bid for recognition expedited due to grave illness
The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.
Court upholds Plymouth pay policy challenged by reservist
The city of Plymouth’s policy on longevity pay withstood a challenge by a police officer who unsuccessfully claimed he was entitled to the full benefit rather than a prorated share for time he spent deployed as a U.S. Air Force Reservist.
SCOTUS ruling allows increase in campaign giving
A 5-4 ruling Wednesday by the Supreme Court of the United States in McCutcheon v. Federal Election Commission struck down federal limits imposed on wealthy contributors to political campaigns. IBJ has the story.
Opinions April 1, 2014 ILD
Indiana Court of Appeals
Jeffery Spinks v. State of Indiana (NFP)
82A01-1307-CR-299
Criminal. Reverses conviction for Class B felony sexual misconduct with a minor as an erroneous conviction for which Spinks was not charged but otherwise affirms convictions of three counts of Class A felony child molesting and one count of Class C felony child molesting. The aggregate sentence of 45 years in prison is affirmed.
Scriptfleet, Inc., a Florida Corporation f/k/a Network Express, Inc. v. In Touch Pharmaceuticals, Inc., an Indiana Corporation as successor in interest to MHP Pharmacy, LLC (NFP)
64A05-1308-PL-393
Civil plenary. Reverses grant of summary judgment in favor of In Touch Pharmaceuticals and remands for proceedings to determine what, if any, contractual obligation InTouch owed to Scriptfleet.
Anthony Taylor v. Mark R. Sevier, Superintendent of Miami Correctional Facility (NFP)
52A04-1306-MI-309
Miscellaneous. Reverses grant of summary disposition in favor of Sevier because the Miami Circuit Court lacked jurisdiction to consider Taylor’s post-conviction relief petition. Remands with instructions to transfer the matter to Miami Superior Court.
The Indiana Tax Court issued no opinions prior to IL deadline Tuesday. The 7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline.
Opinions April 1, 2014
Indiana Supreme Court
Bryant E. Wilson v. State of Indiana
27S02-1309-CR-584
Criminal. Reverses trial court denial of motion to correct erroneous sentence and remands for resentencing. Holds that the Indiana Code does not authorize a sentence to be imposed in part as consecutive and in part as concurrent, and orders Wilson resentenced on a rape conviction for an aggregate term not to exceed 50 years in prison.
Social media push boosts calls to Evansville’s legal advice service
The Evansville legal community, worried that its monthly talk-to-a-lawyer program was losing popularity, turned to the place where it seems everyone gathers – cyberspace.
Justices strike down partial consecutive sentences
Indiana trial court judges do not have discretion to impose partial consecutive sentences, the Indiana Supreme Court ruled Tuesday.
Lilly lung cancer drug patent upheld
A federal court ruling has upheld Eli Lilly and Co.’s patent on a lung cancer drug from generic competition until 2022. IBJ has the story.
Wine bar’s programmable cards not subject to tax exemption
An Indianapolis wine bar’s programmable cards that customers purchase to dispense samples are not subject to resale tax exemption, the Indiana Tax Court ruled Monday.
Indiana Law Review focuses on data privacy
“Data Privacy in the Digital Age” is the focus of the Indiana Law Review Symposium Friday at the Indiana University Robert H. McKinney School of Law in Indianapolis.
Man has second chance to get OWI charges dropped
A Jefferson County man who was brought to court for operating a vehicle while intoxicated more than two years after he was pulled over by police will get another chance to argue that his right to a speedy trial was violated.