Before Stewart & Irwin closed, lawyers talked about mergers
A nine-decade-old Indianapolis law firm’s abrupt closure remains unexplained as Stewart & Irwin P.C.’s leadership declined to discuss what led to the decision.
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Attorneys find fit with new firms after Stewart & Irwin shuts down
Connie Lindman and her team of intellectual property attorneys at former Stewart & Irwin P.C. in Indianapolis found a new home with room to grow. So did several other lawyers who’ve made smooth transitions with their practices.
SCOTUS ruling emboldens lawmakers to expand DNA collection
This time next year, Indiana may join the majority of states that collect DNA samples from people arrested on suspicion of committing felonies, rather than only from those convicted. Lawmakers who’ve been stymied are encouraged by a Supreme Court of the United States decision upholding the practice.
June OTM Test
On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]
Large ‘pay-to-delay’ payments may become history after U.S. Supreme Court ruling
A decision handed down by the Supreme Court of the United States Monday could end the practice of pharmaceutical companies paying competitors very large sums to keep their generics off the market.
Justices take trust case after hearing arguments
After hearing arguments June 6 in a dispute over the sale of a family farm, the Indiana Supreme Court has decided to take the case.
Opinions June 17, 2013 ILD
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: C.L.F., D.K.F., & C.S.F. (Minor Children) and M.F. (Father) & C.J.F. (Mother) v. The Indiana Dept. of Child Services (NFP)
45A03-1210-JT-416
Juvenile termination. Affirmed judgment terminating the parental rights of both the mother and father.
The Indiana Supreme Court and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions June 17, 2013
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: C.L.F., D.K.F., & C.S.F. (Minor Children) and M.F. (Father) & C.J.F. (Mother) v. The Indiana Dept. of Child Services (NFP)
45A03-1210-JT-416
Juvenile termination. Affirmed judgment terminating the parental rights of both the mother and father.
Monroe County attorney suspended following guilty plea
Attorney Phillip Chamberlain, who pleaded guilty to Class D felony counterfeiting in October 2012, has been suspended from the practice of law in Indiana.
ACLU of Indiana files class-action lawsuit against FSSA for changes to Medicaid waiver programs
The ACLU of Indiana has slapped the Indiana Family and Social Services Administration with a class-action lawsuit over the way the state agency operates two of its Medicaid waiver programs.
Opinions June 14, 2013 ILD
Indiana Court of Appeals
Serafin Sanchez v. State of Indiana (NFP)
49A04-1206-CR-318
Criminal. Affirms in a divided opinion the jury convictions of two counts of murder over Sanchez’s insanity defense. Chief Judge Margret Robb dissented, arguing that a jury instruction erroneously raised the burden of proof for the insanity defense from a preponderance of the evidence to beyond a reasonable doubt.
Reggie T. Johnson v. State of Indiana (NFP)
18A04-1211-CR-569
Criminal. Affirms convictions of Class C felony possession of a controlled substance and Class A misdemeanor possession of marijuana.
Jimmy D. Jones v. State of Indiana (NFP)
49A04-1204-PC-196
Post conviction. Affirms denial of post-conviction relief from convictions of Class A felony attempted murder and carrying a handgun without a license.
Nathan Warren v. State of Indiana (NFP)
03A05-1201-CR-31
Criminal. Affirms convictions of Class C felony stalking, Class D felony stalking, and Class D felony attempted inducement of obstruction of justice. Remands for the trial court to calculate Warren’s credit for time served prior to sentencing.
Larry Robert David, II, as Special Administrator of the Estate of Lisa Marie David, Deceased v. William Kleckner, M.D. (NFP)
49A02-1301-MI-13
Miscellaneous/estate. Affirms grant of summary judgment in favor of William Kleckner, M.D.
Indiana Tax Court issued no opinions by IL deadline Friday.
Opinions June 14, 2013
7th Circuit Court of Appeals
Jason Findlay v. Jonathan Lendermon
12-3881
Civil/excessive use of force. Reverses District Court denial of summary judgment in favor of Deputy Sheriff Jonathan Lendermon, holding that Findlay has not met a burden of proof showing a violation of a clearly established right when Lendermon grabbed his arm to prevent him from picking up a memory card believed to contain surveillance video of Findlay’s admission of trespassing.
Indiana General Assembly to review ISTEP debacle next week
Review of the Indiana Statewide Testing for Educational Progress moves to the Statehouse next week with the Indiana General Assembly’s Commission on Education scheduled to hear testimony about the ISTEP testing debacle that occurred in April.
7th Circuit: Deputy was within rights to restrain feuding neighbor from evidence
When Tippecanoe Deputy Sheriff Jonathan Lendermon got between some long-feuding neighbors in 2009, one of them, Jason Findlay, suggested that he might have trespassed. It became clear to Lendermon the acknowledgement might have been recorded on video surveillance.
Justices affirm conviction but remand for new sentencing order
A man sentenced to 14 years in prison for his convictions on multiple felony gun and drug charges will still have to serve the time, but the court must revise the sentencing order to explain why one conviction was ordered to be served consecutive to the others.
Justices schedule high-profile arguments
Justices will waste little time getting to high-profile cases when they hear a new slate of oral arguments after Labor Day. The Indiana Supreme Court has scheduled 20 arguments beginning Sept. 5 and continuing for the next few months.
Conour still free though judge ‘deeply, deeply concerned’
Former leading personal-injury attorney William Conour remained free Thursday pending his wire fraud trial after a federal judge withheld ruling on the government’s bid to revoke his bond on claims that he dissipated assets against court orders.
Opinions June 13, 2013 ILD
Indiana Court of Appeals
A.P. v. Review Board of the Indiana Dept. of Workforce Development and UGN, Inc. (NFP)
93A02-1210-EX-804
Agency action. Affirms denial of unemployment benefits.
Deborah K. Wagner as Guardian of the Person and Estate of Harry L. Tillman v. Jeffrey L. Finney as Guardian of the Person and Estate of R. Virginia Tillman (NFP)
82A05-1207-GU-375
Guardianship. Affirms order enforcing a prenuptial provision for spousal support upon petition by Finney. Remands for clarification of the payee of attorney fees.
Richard Young v. State of Indiana (NFP)
79A04-1206-CR-310
Criminal. Affirms convictions and sentence for one count each of Class A felonies conspiracy to commit dealing in methamphetamine and dealing in methamphetamine (manufacturing).
Juan A. Gonzales v. State of Indiana (NFP)
45A03-1210-PC-421
Post conviction. Affirms denial of petition for post-conviction relief.
Brandan Bellamy v. State of Indiana (NFP)
49A02-1210-CR-866
Criminal. Affirms conviction of Class C felony battery.
Stephen L. Gilmore v. State of Indiana (NFP)
40A01-1207-CR-321
Criminal. Affirms conviction and sentence for Class C felony reckless homicide.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions June 13, 2013
Indiana Court of Appeals
Re: the Name Change of Jane Doe, Petitioner, Mary Doe, a Minor, and Baby Doe, a Minor
49A02-1211-MI-894
Miscellaneous. Affirms denial of mother Jane Doe’s petition to change her and her children’s names without publishing notice of the change based on the evidence in the record and current law. Mother may be able to protect some information from public record by going through Administrative Rule 9, but she did not choose to do so.
SCOTUS rules on Myriad BRCA1, BRCA2 patent case
A naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the United States ruled Thursday. DNA that is not a product of nature may be patent eligible, however.