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Submit entries for 2014 Corporate Counsel Guide

The Indiana Lawyer will publish its annual Corporate Counsel Guide in December. There is still time to submit biographical information for inclusion in the guide.

The Corporate Counsel Guide, which includes professional profiles on in-house attorneys along with information on the nature and scope of business of their employers, is a valuable resource for lawyers in many practice areas. Attorneys keep the guide on their desks and often reference it throughout the year.

In-house attorneys working in business, non-profit and government agencies, and associations are encouraged to submit their information for inclusion in the 2014 guide. Click here to learn more or to submit information for the 2014 Corporate Counsel Guide.   

Opinions Oct. 9, 2013 ILD

Indiana Court of Appeals
Jesse Doyle, Jr. v. State of Indiana (NFP)
15A01-1303-CR-132
Criminal. Affirms denial of request to withdraw guilty plea and eight-year sentence for Class C felony incest.

Derek Dewitt v. State of Indiana (NFP)
49A02-1301-CR-33
Criminal. Affirms imposition of consecutive sentences for Class A felony attempted murder and murder convictions.

Darrell Hix v. State of Indiana (NFP)
49A02-1303-CR-331
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Jeffrey Cook v. State of Indiana (FNP)
48A05-1211-CR-608
Criminal. Affirms refusal by trial court to give Cook’s proffered jury instruction on self-defense because the evidence didn’t support giving it, and affirms convictions of murder, Class B felony prisoner in possession of a dangerous device or material and class D felony criminal gang activity.

The Indiana Supreme Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Opinions Oct. 9, 2013

Indiana Court of Appeals
Specialty Foods of Indiana, Inc., d/b/a Jersey Mike's Subs v. City of South Bend and Century Center Board of Managers
71A05-1302-MI-95
Miscellaneous. Affirms order denying Specialty Foods of Indiana’s complaint for declaratory judgment as to its right to continue operating its business in the college Football Hall of Fame in South Bend under a use management and operations agreement. The force majeure provision of the agreement to be exclusive provider of food and beverages for the College Football Hall of Fame in South Bend is applicable to excuse the Century Center Board of Manager’s nonperformance of its obligations under the agreement because the closure of the Hall of Fame constitutes a “reason not within the reasonable control of Century Center.”

Fake IOLTA notice potential phishing scheme

Some lawyers received two email notices involving Interest on Lawyer Trust Accounts this week. But, only the one sent from the state courts is legitimate. The other may be a phishing scheme.

Summary judgment reversed in retroactive tax case

Finding a genuine issue of material fact as to when a company’s owners could have discovered that their plans investing in cash value life insurance were actually taxable, the Indiana Court of Appeals reversed summary judgment in favor of the consultant who advised the company’s owners to invest in those plans.

Participation in travel soccer league supports modifying custody

The Indiana Court of Appeals reversed the denial of a mother’s request to modify a custody order entered in 2007 when her children were in grade school, finding their participation in travel soccer leagues and the distance between the parents’ homes warrants a change.

Citing shutdown, federal court stays many civil cases

The federal government shutdown has led to a stay of nearly all civil actions in the U.S. courts in Evansville, Indianapolis, New Albany and Terre Haute in which the federal government has an interest.

Sub shop’s appeal 86’d by court

A Jersey Mike’s Subs located in the now-closed College Football Hall of Fame in South Bend didn’t have the right to continue operating in the Hall of Fame building, according to the Indiana Court of Appeals’ interpretation of the operating agreement.

Lilly scientists stole $55M in secrets, indictment alleges

Three former employees of Eli Lilly and Co. allegedly transferred trade secrets that Lilly values at more than $55 million to a competing Chinese drug company, according to an indictment unsealed Tuesday in federal court.

Opinions Oct. 8 2013 ILD

Indiana Court of Appeals
Bradley R. Benard v. Review Board of the Indiana Department of Workforce Development and Rolls-Royce Corporation (NFP)
93A02-1303-EX-237
Agency action. Affirms the Unemployment Insurance Review Board’s finding that Benard was ineligible for unemployment benefits because he had been discharged for just cause.

Stephen G. Bentle v. State of Indiana (NFP)
15A05-1303-CR-131
Criminal. Affirms trial court’s imposition of Bentle’s previously suspended seven-and-a-half year sentence.

David Lee O'Banion v. State of Indiana (NFP)
71A04-1303-CR-124
Criminal. Affirms sentence of 45 years with 10 years suspended after O’Banion pleaded guilty but mentally ill to burglary as a Class A felony.

Jason Frye v. State of Indiana (NFP)
12A04-1301-CR-16
Criminal. Affirms conviction of six counts of Class D felony possession of child pornography.

D.H. v. State of Indiana (NFP)
71A03-1304-JV-137
Juvenile. Affirms juvenile court’s dispositional order that D.H. serve a two-year determinate term with credit for the seven months he spent at the Indiana Department of Correction between his first and second dispositional hearings. Rules the dispositional order did not violate Article I, Section 23 of the Indiana Constitution.

Phillip A. Evans v. State of Indiana (NFP)
84A01-1303-CR-105
Criminal. Affirms conviction and two-year sentence for intimidation, as a Class D felony, pursuant to a guilty plea.

Larry Warren v. State of Indiana (NFP)
49A04-1301-CR-25
Criminal. Remands for resentencing Warren’s appeal of an aggregate 80-sentence following his convictions for three counts of child molesting as Class A felonies and two counts of child solicitation as Class D felonies. Finds there is insufficient evidence to support two of the three aggravators the trial court used as the basis to enhance the sentence.  

Andrew Bridgford v. Julie K. Bridgford (NFP)
73A01-1303-DR-111
Domestic relation. Dismisses Andrew Bridgford’s appeal of the trial court’s “Entry on Pending Motions” because he failed to substantially comply with the Indiana Rules of Appellate Procedure.  

The Indiana Tax Court did not submit any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
 

Opinions Oct. 8, 2013

Indiana Supreme Court
In the Matter of: Thomas M. Dixon
71S00-1104-DI-196
Discipline. The majority concludes in a per curiam ruling that statements made in support of a motion for change of judge did not violate Indiana Professional Conduct Rule 8.2(a) considering the entirety of the statements. Finds that the statements were relevant to, and required for, the relief sought. Justice Robert Rucker dissents, agreeing with the Disciplinary Commission hearing officer that the comments went beyond legal argument, became personal and therefore violated the rule.

‘Notre Dame 88’ lawyer cleared in discipline case

An attorney who argued that a judge’s bias warranted her recusal from a case involving pro-life students arrested for protesting the announcement of President Barack Obama’s appearance at the University of Notre Dame was cleared of disciplinary charges Tuesday.

Register now for Indiana Lawyer Family Law CLE

Join the Indiana Lawyer on Nov. 6 for a CLE exploring the intersection between family law and estate planning. Presented in partnership with Bingham Greenebaum Doll, the program will be chaired by James Reed and feature presentations by Amanda Krenson and Margaret Christensen. The program, which will run from 1 to 3:15 p.m., will offer two hours of CLE credit. One of those hours will be ethics credit.

RSVP deadline for the event is Oct. 30. Click here for more information or to register. This CLE program will be presented at the offices of Bingham Greenebaum Doll at 2700 Market Tower, Indianapolis.