Amish advocates
It is rare that members of northern Indiana’s Amish communities have a need for legal representation. When they do, they turn to a neighbor they know and trust.
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Incoming ISBA president sets communication at top of agenda
Jim Dimos, partner at Frost Brown Todd LLC and the next president of the Indiana State Bar Association, wants to lead by listening and engaging bar association members and non-members from around the state to not only tell them what the organization offers but also to hear what more the association can do.
Supreme Court vacates transfer in Star commenter case
The Indianapolis Star has signaled an intent to comply with a court order to identify an anonymous online commenter whose remarks about a former Junior Achievement leader are part of a defamation lawsuit, according to an attorney representing the former executive.
Guardian registry pilot to launch
Indiana soon could break new ground with the introduction of one of the nation’s first databases of guardians and their wards. The development is raising hopes for improved oversight of vulnerable populations along with concerns about their privacy.
Annual survey finds law school admissions and applications continue to be down
A majority of law schools across the United States are cutting their admissions for the second year in a row, and a significant portion expect to continue the reduction in class size next year, according to the 2013 Kaplan Test Prep law school survey released Oct. 1.
More dialogue over law school cost and curriculum
Tucked along the hallway in Biolchini Hall of the University of Notre Dame Law School is an office that reflects the new focus – and the new struggle – of legal education. It is the Office of Career Development with a sleek interior of sliding doors, computers and conference rooms, and it is designed to help students get jobs once they get their law degrees.
Living Fit: Stress management involves learning to control reactions
As a young lawyer, I had a recurring dream in which I had moved to a remote mountain cabin, deep in a wooded forest, with majestic mountains in my backyard and a waterfall that fed into a crystal clear lake in my front yard. I awoke each day to the sunrise, fresh mountain air and the energy of the calm environment. There were no phones, computers, demanding clients, irritated family members, traffic or boring social commitments. No stress. I felt relaxed, at peace and calm, thinking about this wonderful life.
Technology Untangled: Versatile conference calling available with Spiderphone
Spiderphone sounds like the hotline for that imaginary masked superhero. It is, instead, a useful and inexpensive Web-assisted telephone conferencing system that makes it easy to set up and conduct multiple-caller speakerphone meetings.
Dean’s Desk: Third year offers students opportunity to define, hone skills
Our profession is in the midst of an important conversation about legal education – one that encompasses the costs of that education, the employment opportunities for entry-level lawyers, and the curriculum that law schools offer.
Court rules for widow in Holiday World suit
The widow and children of the late William Koch Jr. can keep their shares in the southern Indiana theme park, Holiday World and Splashin’ Safari, after a ruling by the Indiana Court of Appeals concluded that William’s brother, Dan Koch, and Koch Development Corp. offered too little money for the shares.
1-year suspension recommended for criticizing judge
Indianapolis attorney and blogger Paul K. Ogden should be suspended from the bar for a year without automatic reinstatement for private communications criticizing a judge, according to the Indiana Disciplinary Commission.
Justices take appeal over who pays DCS record fee
A litigant whose award of $1,200 against the Department of Child Services for the cost of preparing an agency record was reversed by the Court of Appeals will have his case heard by the Indiana Supreme Court.
Opinions Oct. 7, 2013 ILD
Opinions, Oct. 7, 2013
Indiana Court of Appeals
Marie Castner v. State of Indiana (NFP)
49A05-1302-CR-44
Criminal. Affirms conviction for Class A misdemeanor battery.
In the Matter of the Civil Commitment of S.I. v. Midtown CMHC (NFP)
49A05-1304-MH-146
Mental Health. Affirms order for temporary commitment.
Michael Morrisey v. State of Indiana (NFP)
49A04-1304-CR-146
Criminal. Affirms revocation of Morrisey’s community corrections placement.
Robert Walke and Karen Walke v. Kitley Law Office, P.C., (NFP)
49A02-1304-CT-291
Civil Tort. Affirms granting summary judgment in favor of Kitley.
Gordon B. Dempsey v. JPMorgan Chase Bank, N.A. (NFP)
49A02-1303-PL-218
Civil Plenary. Affirms Chase’s motion for summary judgment. Reverses the award of $141,545.21 in attorney’s fees and costs, and remands for further proceedings to ensure the court’s award does not improperly overlap with the award of attorney’s fees in federal court.
In Re: The Paternity of J.K., A.K. v. T.L. (NFP)
02A03-1301-JP-12
Juvenile Paternity. Affirms denial of Father’s (A.K.) petition to modify custody of his daughter (J.K.).
In Re The Paternity of I.B., K.H. v. I.B. b/n/f L.B. (NFP)
34A02-1305-JP-401
Juvenile Paternity. Affirms order that, among other things, directed father (K.H.) to pay child support and $1,200 of the mother’s (L.B.) attorney fees.
The Indiana Supreme Court and the Indiana Tax Court did not release opinions by IL deadline. The 7th Circuit Court of Appeals did not release Indiana opinions by IL deadline.
Opinions Oct. 7, 2013
Opinions, Oct. 7, 2013
Indiana Court of Appeals
The Estate of Richard A. Mayer, and Spangler, Jennings & Dougherty v. Lax, Inc., and David Lasco
37A03-1207-PL-323
Civil plenary. Affirms in part, reverses in part and remands. Reverses denial of summary judgment to the Estate and Spangler Jennings on claims for negligent supervision and/or retention, tortious interference with a business relationship, and tortious interference with a contract, and directs that summary judgment be entered in the estate’s and Spangler Jennings’s favor on those claims. Reverses denial of summary judgment to Spangler Jennings on the defamation claim and directs that summary judgment be entered in its favor on that claim. Reverses the denial of summary judgment to the estate regarding Lax and Lasco’s seeking punitive damages against it and direct that summary judgment be entered in favor of the estate on that claim. Affirms the granting of summary judgment in the estate’s favor on the defamation and malicious prosecution claims. Affirms denial of summary judgment on the malicious prosecution claim against Spangler Jennings and the denial of summary judgment on the abuse of process claim to both the estate and Spangler Jennings. Affirms the denial of summary judgment in favor of Spangler Jennings on punitive damages.
Firm must defend deceased lawyer’s ‘inflammatory’ counterclaim
Litigation that has outlived an attorney who filed a counterclaim accusing a northwest Indiana construction company of racketeering, among other things, still could cost the late lawyer’s former firm.
Suspect’s disheveled appearance, not GPS, led to drug discovery
A suspect’s attempt to pull up his unbuckled and falling pants as he stepped from his car negated any taint on the evidence caused by local law enforcement placing a GPS on his vehicle.
Appeals court tosses injunction tied to non-compete clause
Terms of a non-compete clause in an agreement between an IT recruiter and his former employer are unreasonable, the Indiana Court of Appeals ruled Monday in throwing out an injunction that barred the recruiter from similar employment.
Opinions Oct. 4, 2013 ILD
Opinions Oct. 4, 2013
Indiana Court of Appeals
Dexter Berry v. State of Indiana (NFP)
49A04-1301-CR-34
Post conviction. Remands for recalculation of pretrial credit time applied against an executed 10-year sentence for conviction of Class B felony burglary.
Johnny Henderson v. State of Indiana (NFP)
49A02-1302-CR-178
Criminal. Affirms conviction of Class B felony attempted burglary.
Howell Contractors, Inc. and Fidelity and Deposit Company of Maryland v. Calumet Civil Contractors, Inc. (NFP)
49A05-1305-PL-232
Civil plenary. Affirms grant of summary judgment as to liability, reverses entry of summary judgment on damages and remands for proceedings.
Thomas Roberts v. State of Indiana (NFP)
49A02-1304-CR-356
Criminal. Affirms denial of motion to modify 55-year sentence for conviction of murder.
Mark Gregory v. State of Indiana (NFP)
48A02-1302-PC-198
Post-conviction. Affirms denial of post-convcition relief from a 55-year executed sentence for conviction of multiple counts of burglary and theft reimposed after a violation of probation under a previously granted sentence modification.
David Kifer v. State of Indiana (NFP)
82A05-1302-IF-53
Infraction. Affirms Class C infraction for disregarding an automatic signal.
Victor Gutierrez v. State of Indiana (NFP)
02A04-1302-CR-63
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Robert J. Fiedler and Dianne C. Fiedler v. LaGrange County Health Department (NFP)
44A03-1303-MI-107
Miscellaneous. Affirms trial court’s entry of final judgment in favor of the LaGrange County Health Department on an action to compel the department to certify a septic system was functioning satisfactorily.
Jose Contreras v. State of Indiana (NFP)
49A04-1303-CR-112
Criminal. Affirms 20-year executed sentence for conviction of Class A felony dealing in methamphetamine, Class C felony possession of narcotic drug and a firearm, and Class D felony possession of marijuana.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.