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Indiana Court of Appeals
George Clements v. Kimberly Hall and Stanley Harmon
06A04-1106-MI-282
Miscellaneous. Reverses trial court’s award of summary judgment for Kimberly Hall and Stanley Harmon, holding their attorney failed to notify George Clements and his attorney that a motion had been filed. Remands for further proceedings consistent with its opinion.
The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.
Because a drug test failed to show conclusively when a driver last used marijuana before a fatal crash, an insurer cannot deny payment based on an exclusionary clause in the policy, the Court of Appeals determined.
The Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not notify opposing counsel that a motion had been filed.
The Indiana Supreme Court will not take the lawsuit filed by six people against Marion Superior Judge William Young for his actions in traffic court. The plaintiffs wanted the special judge appointed to their case to order Young to comply with certain procedures, which included mandating Young allow the general public to attend court sessions.
In order to assist voters in electing qualified and effective judges in the November 8 election, the Indianapolis Bar Association’s Judicial Excellence Political Action Committee has released the results of its 2012 judicial candidate peer evaluation.
Every year, we celebrate Law Day – the day first proclaimed in 1958 by President Dwight Eisenhower to be set aside to celebrate the rule of law. Following a Congressional resolution passed in 1961, May 1 has been officially designated to celebrate Law Day.
One of the most important responsibilities legal professionals have is to use their specialized skills to aid the community through volunteer efforts.
The recent United States Supreme Court case of Missouri v. Frye, 132 S. Ct. 1399, 2012 U.S. LEXIS 2321 (2012) may create advisements for defendants who wish to take cases to trial and may make courts an unwilling witness to plea negotiations.
In 2011, nine lawsuits were filed in the United States District Court, Southern District of Indiana, in which plaintiffs sued owners or operators of ATMs for failing to post a sign advising users of usage fees. Similar suits have been filed around the country, and groups that represent ATM owners’ interests are calling for a change to federal law to stop further litigation.
Being unaware of court rules can lead to disciplinary action.
Kori McOmber writes about the various apps one can use on the iPad to help with practicing law.
A procedural or substantive concern in a strict liability action?
We give Forkey’s in Martinsville 1.5 gavels!
The nominations received tell the story of impressive court victories and decisions that have had an impact on Indiana law. But even more telling is the passion that comes through in many of the nomination packets and letters of recommendation from colleagues, peers and even adversaries who say they are better lawyers for having worked with the individual nominated.
Read opinions from the 7th Circuit Court of Appeals and Indiana Supreme Court, Court of Appeals, and Tax Court.
The class of 2012 faces this transitional time with optimism.
