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Gene patent case back at Circuit court

April 10, 2012

Myriad Genetics, Inc. reported on March 26 that the United States Supreme Court remanded The Association for Molecular Pathology, et al., v. Myriad Genetics, Inc., et al., No. 11-725, to the Federal Circuit Court of Appeals. The Federal Circuit will now reconsider its July 29, 2011, decision, which upheld Myriad’s patents on two breast cancer genes – known collectively as BRCA 1/2

Republic airlines file federal suit against pilots union

April 10, 2012

Three airlines operated by Indianapolis-based Republic Airways Holdings Inc. are suing a pilots union over a website they say is damaging their reputation and hindering efforts to hire pilots.

Dean’s Desk: Effective legal education depends on strong partnerships

April 10, 2012

To be effective and relevant, law education must provide students with a bridge to a legal career. Building this bridge between law schools and law practice calls for strong and successful partnerships among law schools, practicing lawyers and other professionals. At Indiana University Maurer School of Law, we are committed to the pursuit of these partnerships.

Teaching students civics lessons

April 10, 2012

Indiana programs like mock trial and yVote! educate youth on the courts and government.

Indiana’s newest jurist

April 10, 2012

Mark Massa takes the bench on the Indiana Supreme Court April 2.

Justice Frank Sullivan leaving bench to teach

April 10, 2012

Sullivan’s departure marks the Indiana Supreme Court’s third vacancy in two years.

Lawyers part of ‘super-commuter’ trend

April 10, 2012

Those who travel long distances for work say time management is critical.

Opinions April 9, 2012 ILD

April 9, 2012

Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline. 7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.

Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.J., and R.J., III; and V.A., and R.J. v. Marion Co. Dept. of Child Services and Child Advocates (NFP)
49A02-1108-JT-804
Juvenile. Affirms termination of parental rights for mother and father.

Justin Thomas v. State of Indiana (NFP)
49A02-1107-CR-660
Criminal. Holds that Thomas has not proven that a judge’s inquiry into venue constituted a fundamental error. Remands in part to correct abstract of judgment, holding sentences for both dealing in and possession of marijuana violate double jeopardy standards.

Steven W. Stockwell v. State of Indiana (NFP)
84A01-1108-CR-392
Criminal. Affirms trial court’s order revoking probation, holding Stockwell voluntarily, knowingly and intelligently waived his right to counsel at a probation violation hearing.

Lonnie Johnson v. State of Indiana (NFP)
15A05-1109-CR-475
Criminal. Affirms sentence for Class C felony robbery.

Mychael Nance v. State of Indiana (NFP)
49A05-1108-CR-418
Criminal. Affirms trial court’s denial of motion to suppress evidence, holding that a warrantless search was justified, because police believed Nance’s home had just been or was being burglarized at the time they arrived.

Allen R. Stout, et al. v. Linda Zabona (NFP)
92A03-1105-CT-203
Civil tort. Affirms jury verdict and award of damages in favor of Zabona. Affirms jury’s verdict against Stout and other defendants on breach of contract and fiduciary duty.
 

Opinions April 9, 2012

April 9, 2012

Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.J., and R.J., III; and V.A., and R.J. v. Marion Co. Dept. of Child Services and Child Advocates (NFP)
49A02-1108-JT-804
Juvenile. Affirms termination of parental rights for mother and father.

Indiana Supreme Court accepts one case; denies transfer to seven

April 9, 2012

Indiana’s high court has granted transfer in a case that left the Court of Appeals divided.

ACLU appoints interim director

April 9, 2012

The American Civil Liberties Union of Indiana has named longtime board member Frank Young as interim executive director.

Prosecutor’s office to hold child abuse prevention forum

April 9, 2012

The Marion County Prosecutor’s Office will hold a child abuse prevention forum from 10 a.m. to noon April 14 at Ivy Tech Community College, Illinois Fall Creek Center Building, Community Room, 50 W. Fall Creek Parkway North Drive, Indianapolis.

Opinions April 6, 2012 ILD

April 6, 2012

Indiana Supreme Court, Indiana Tax Court and Indiana Court of Appeals issued no opinions Friday.

 

Opinions April 6, 2012

April 6, 2012

7th Circuit Court of Appeals
Beverly K. Copeland, et al. v. Penske Logistics LLC; Penske Logistics, Inc.; and Chauffeurs, Teamsters, Warehousemen and Helpers Local Union Number 135
11-1955
U.S. Ditrict Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. In hybrid breach-of-contract/duty-of-fair representation suit, affirms District Court’s grant of summary judgment in favor of the defendants in the matter of fair representation. Citing lack of subject matter jurisdiction, remanded for dismissal of the claim that the union failed to engage in good faith bargaining.

7th Circuit holds dispute is a matter for national labor board

April 6, 2012

The 7th Circuit Court of Appeals held that only the National Labor Relations Board has authority to hear a complaint from employees who brought a hybrid suit against an employer and labor union.

IU McKinney dean named to Court of Arbitration for Sport

April 6, 2012

Indiana University Robert H. McKinney School of Law Dean Gary R. Roberts has been appointed to the Court of Arbitration for Sport (CAS). CAS is independent of any sports organization and provides services to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to specific sports.

COA judge applications due May 9

April 6, 2012

The Indiana Judicial Nominating Commission has announced its timeline for selecting the replacement for Judge Carr Darden, who is retiring this summer from the Indiana Court of Appeals.

U.S. Copyright Office counsel to speak at IU Maurer

April 6, 2012

A senior-level attorney for the United States Copyright Office will deliver a public talk on April 9 at Indiana University Maurer School of Law.

Appellate court dismisses small claims venue case

April 5, 2012

The Indiana Court of Appeals has determined that a small claims venue question is not on the list of authorized interlocutory appeals, so it dismissed a case arising out of southern Indiana.

Homeowner association has authority to decide on new home proposal

April 5, 2012

The Indiana Court of Appeals has upheld a lower court’s ruling against two homeowners challenging their homeowners association’s interpretation of covenants on building a new home.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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