To refine your search through our archives use our Advanced Search
The scenario is this: Your client is one of several members in a Multi-Member Indiana Limited Liability Company. Although business is good, your client learns that one of his co-members has creditors with a judgment against him and the judgment creditor now looks to the debtor-member’s LLC interest for collection. This article is designed to briefly examine the rights of the respective parties.
See who has recently joined Indiana firms, started new firms or reviewed promotions or awards, and recent law firm recognitions.
Read who has recently been suspended by the Indiana Supreme Court, received a public reprimand or resigned.
In this issue, Robert Hammerle reviews "Fruitvale Station" and "The Conjuring."
For more than 20 years, the Equal Employment Opportunity Commission has taken the position that an employer’s use of applicants’ criminal history in making employment decisions may constitute discrimination under Title VII of the Civil Rights Act of 1964, as amended. The underlying premise has always been that because minorities are historically and statistically arrested and incarcerated at higher rates than their representation in the general population, the use of criminal records by employers in making hiring and retention decisions may be discriminatory.
In A Plus Home Health Care Inc. v. Miecznikowski, the Indiana Court of Appeals confirmed that while the “positional risk doctrine” described by our Supreme Court in Milledge v. Oaks, 784 N.E.2d 926 (Ind. 2003), was defunct, the analysis of compensability of injuries under the neutral risk doctrine still applied. 983 N.E.2d 140, 143-144 (Ind. Ct. App. 2012) trans. denied, 985 N.E.2d 338 (Ind. 2013). When handling a workers’ compensation matter, practitioners need to be sure they conduct an appropriate analysis of all risk doctrines applicable to the claim.
The red hot economy of the 1990s demanded a steady supply of unskilled and semi-skilled labor, a demand that was often filled with undocumented workers. Cities across the Midwest openly welcomed these individuals. Companies, trying to feed an insatiable appetite for workers, were placing help-wanted ads in newspapers in other states.
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours July 30 in a hearing before the Indiana Disciplinary Commission.
When the Indiana Supreme Court upended 150 years of precedent concerning murder defendants, it raised eyebrows and stirred debate but, in practice, the impact of the opinion is expected to be very limited.
Luke Bielawski, a student at Indiana University Robert H. McKinney School of Law, has spent the better part of his summer teeing off from California to South Carolina as a fundraiser for Providence Cristo Rey High School in Indianapolis.
Problems with Marion County’s Small Claims courts are by now well-documented. After the Wall Street Journal took note of forum shopping, creditors’ cozy relationships with some courts and other lax practices, Court of Appeals Judge John Baker and Senior Judge Betty Barteau issued a report advocating reform.
Sikiru Adeyeye had a mission when his father died in Nigeria three years ago. Letters to his employer asking to take one week of paid vacation and several weeks off without pay expressed the urgency of his obligation.
A resolution that spared Bei Bei Shuai more jail time and dropped murder and attempted feticide charges filed after the death of her newborn daughter did little to clarify the state of the law under which she was prosecuted.
World War II had just ended and the Baby Boom generation was making its debut when Philip “Skip” Kappes graduated from the University of Michigan Law School. It was 1948 and, for those who were not alive or just too young to remember that time, the following are a few facts that might help you gain perspective on the differences in American society between then and now.
The former chairman of the Indiana Utility Regulatory Commission won’t face trial on felony charges stemming from an ethics scandal at the agency, a judge ruled Monday.
Indiana Senate President Pro Tem David Long, R-Fort Wayne, is pushing for an Article V Constitutional Convention by speaking at national meetings and trying to garner support beyond Indiana.
Indiana Court of Appeals
Billy Savoy v. State of Indiana (NFP)
49A02-1301-CR-14
Criminal. Reverses and remands to the trial court with instructions to vacate Savoy’s conviction for theft, a Class D felony, leaving as is his conviction and sentence for criminal mischief, a Class D felony. Rules Savoy has shown that there is a reasonable possibility that the trial court used the same evidentiary facts to establish the essential elements of theft and criminal mischief thus violating Indiana’s Double Jeopardy Clause.
Martin Mendoza v. State of Indiana (NFP)
49A04-1302-CR-68
Criminal. Reverses and remands the denial of Mendoza’s motion for return of his $658 taken at the time of his arrest. Rules there is no finding based on admissible evidence that Mendoza could not lawfully posses the property under the State forfeiture statutes or that Mendoza failed to file his motion properly. Consequently, the trial court was without authority to deny his motion for return of property.
Tammy Coleman v. Darryl Davis (NFP)
49A02-1210-PO-793
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08121303pdm.pdf
Order of Protection. Affirms trial court’s decision to enter a protective order against Coleman and in favor of Davis. Concludes the evidence was sufficient to permit the trial court, acting as the trier of fact, to reasonably conclude that Coleman was a “family or household member” who threatened physical harm to Davis or placed Davis in fear of physical harm, thereby committing “domestic or family violence” under the Civil Protection Order Act. In his dissent, John Baker argued the evidence presented in court failed to establish a sufficient threat under the CPOA.
The Indiana Supreme Court issued no opinions before IL deadline.
7th Circuit Court of Appeals
Thomas H. Hurlow v. United States of America
12-1374
Criminal. Reverses the district court’s denial of Hurlow’s 2255 petition and remands for further proceedings. Rules Hurlow’s allegation – he would not have entered into the plea agreement had his counsel informed him of his potentially meritorious Fourth Amendment claim – was sufficient to overcome the wavier in his plea agreement not to contest his conviction or sentence under 28 U.S.C. 2255.
A northern Indiana realtor faked court papers in an attempt to intimidate renters and collect from them, according to a complaint from the attorney general’s office filed Thursday.