Christie elected to Judicial Nominating Commission
Lawyers have elected Indianapolis attorney Lee Christie to the Judicial Nominating Commission.
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Notre Dame refiles suit against Obamacare ‘contraception mandate’
The University of Notre Dame has refiled a federal lawsuit seeking to block enforcement of the so-called contraception mandate included in the Patient Protection and Affordable Care Act.
Opinions Dec. 3, 2013 ILD
Indiana Court of Appeals
Angela D. Hartwell v. Indiana Insurance Company (NFP)
39A01-1305-CT-195
Civil tort. Reverses summary judgment in favor of Indiana Insurance Company, finding that a release between Hartwell and another insurance company is ambiguous. Remands for trial on the question of whether the other insurer’s release intended to release Indiana Insurance.
Jeffrey Watson v. State of Indiana (NFP)
29A02-1301-PC-92
Post conviction. Affirms denial of post-conviction relief from two counts of Class A felony child molesting, one count of Class D felony child solicitation, and one count of Class D felony conducting a performance harmful to minors.
Jimmy Nave, Jr. v. State of Indiana (NFP)
48A02-1307-CR-632
Criminal. Affirms conviction of Class A felony kidnapping.
Willie G. Pargo v. State of Indiana (NFP)
49A02-1305-PC-408
Post conviction. Affirms denial of post-conviction relief on convictions of Class A felony dealing in cocaine, Class C felony possession of cocaine with a firearm, Class B felony unlawful possession of a firearm by a serious violent felon and Class C felony dealing in marijuana.
Eric L. Hecker, Jr. v. State of Indiana (NFP)
45A05-1304-CR-202
Criminal. Affirms conviction of three counts of Class D felony failure to stop at an accident involving serious bodily injury to another person and one count of Class A misdemeanor false reporting or informing.
William Paul Sallee, Jr., v. State of Indiana (NFP)
90A05-1303-CR-151
Criminal. Affirms conviction of two counts of Class B felony burglary.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Tuesday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
Opinions Dec. 3, 2013
7th Circuit Court of Appeals
Carol Bates v. Carolyn W. Colvin
12-3359
Civil. Reverses the decision of the District Court to affirm the denial of Bates’ application for Supplemental Security Income. Remands for rehearing. Rules administrative law judge did not give proper consideration of the opinion submitted by the psychiatrist treating Bates.
Denial of SSI reversed for failure to consider mental health
A woman who claimed disability in part because of her diminished mental health will get another chance to present her case after the 7th Circuit Court of Appeals found the administrative law judge did not properly consider the opinions and testimony regarding the woman’s mental condition.
SCOTUS won’t hear Internet taxation appeal
On perhaps the busiest online shopping day of the year, the Supreme Court refused Monday to wade into a dispute over New York state's taxes on purchases on websites like Amazon.com. IBJ.com has the story.
Sentenced as adult at 12, new plea may free Gingerich at 18
A boy who at age 12 was convicted of conspiracy to commit murder and improperly sentenced as an adult to serve 25 years in prison may be freed when he turns 18, according to a pending plea agreement.
Schools get $14 million settlement in ISTA, NEA securities suit
Four-year-old litigation over $27 million lost by at least 27 Indiana public school systems that invested in a troubled teachers union-sponsored health insurance plan has concluded with a settlement in which schools will receive about $14 million.
IndyBar: Pay it forward by offering your expertise
Since 2007, attorney volunteers have assisted hundreds of individuals prepare for times when they can no longer speak for themselves through the Low Asset Wills program. For IndyBar volunteers it is easy: clients are pre-screened and template forms are provided.
IndyBar: Simplify Your Practice with Forms and Resources
The sharing of information and resources is one of the greatest benefits of an association. During the course of its more than 125 year history, the Indianapolis Bar Association has developed a number of resources to assist in the practice online, on disk, or in hard copy.
Blomquist: In Praise of the Paralegal
Why are we losing favor among our paralegals and more importantly what can we do to correct this?
IndyBar: Registration Now Open for 2014 Installation Luncheon
The New Year is just weeks away … Save the date and jump online to register today for the 2014 Indianapolis Bar Association and Foundation Installation Luncheon, which will take place on Thursday, Jan. 30, 2014, from noon to 1:30 p.m. at the Columbia Club.
Start Page: Is your data in the cloud really out of (your) control?
In today’s rapidly changing technology environment, programmers update software frequently. Your choice: accept the changes or move on. When was the last time you went more than a day without an update request from your smartphone?
DTCI celebrates its 20th annual conference at Blue Chip Casino
Defense attorneys gathered from every corner of Indiana to attend the 20th Annual Conference & Meeting at the Blue Chip Casino in Michigan City on Nov. 21-22.
Gallagher: Does USPTO favor an international model?
In the new first-to-file system, the person who filed a patent application first would receive the benefit of getting the 20-year monopoly. However, there appear to be more subtle changes geared toward an international/European model that could substantially affect an inventor’s ability to obtain a patent in the United States, although these changes could be limited in duration.
Judge finds Google’s book project ‘transformative’
Attorneys differ on whether the recent ruling benefits society or opens the door for infringement.
Indiana Judges Association: ‘You can’t eat the Constitution’
Like most judges, Shay Minton’s achievements were numerous, but largely unmeasured.
Kraft wins in food fight with Cracker Barrel
A federal appeals court ruled recently that savvy consumers might be confused if food branded Cracker Barrel Old Country Store was sold in grocery stores that carry Kraft’s Cracker Barrel brand cheese. Turns out even a law professor who teaches a course on trademarks and unfair competition might be fooled.
