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The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.
Indiana Court of Appeals
Joseph A. Davis v. Herbert Simon and Bui Simon
49A04-1101-CT-5
Civil tort. Reverses denial of Davis’ motion to dismiss for lack of personal jurisdiction a complaint filed by the Simons alleging defamation and false light publicity. Davis’ act of responding to the questions of a reporter who initiated the contact with Davis regarding a California lawsuit, in which he is serving as a plaintiff’s attorney, was not done with the purpose of expressly targeting a resident of the forum state. Judge Kirsch dissents.
A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.
The Indiana Court of Appeals has upheld the decision by a trial court to dismiss a company’s state law claims against a labor union, finding those claims are preempted by a decision of the National Labor Relations Board.
Notre Dame Law School professor James Kelly will co-chair a task force with South Bend Mayor Pete Buttigieg that will look at ways to address the problems created by the city’s vacant and abandoned properties.
The Indiana Court of Appeals has found that a trial court erred in concluding that the Family and Social Services Administration’s preferred claim for reimbursement of Medicaid benefits against an estate was not timely filed.
A U.S. Supreme Court decision from 155 years ago that helped ignite the Civil War came to life again Tuesday in the Indiana Supreme Court and a nearby university as part of a Black History Month observation to teach students and attorneys about the importance of the Dred Scott decision on constitutional rights.
7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Gary Hazelwood v. Melissa Hazelwood n/k/a Melissa Butler (NFP)
03A04-1109-DR-493
Domestic relation. Affirms trial court’s denial of father’s petition to establish parenting time.
Xavier Morton v. State of Indiana (NFP)
49A02-1107-CR-711
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Antwan Rush v. State of Indiana (NFP)
49A05-1106-CR-295
Criminal. Affirms conviction of two counts of Class A felony dealing in cocaine and one count of Class A misdemeanor possession of marijuana.
Rafael Del Rio v. State of Indiana (NFP)
45A05-1106-CR-285
Criminal. Affirms conviction of Class A felony voluntary manslaughter.
James E. Lonaker v. Cambridge Investment, Inc., Dolgencorp Inc., d/b/a Dollar General Stores, Dean Foods Company, d/b/a Louis Trauth Dairy, et al. (NFP)
49A02-1107-CT-659
Civil tort. Affirms trial court’s decision to renew appellee’s motions for summary judgment, holding genuine issues of material fact exist regarding whether the defendants owed a duty to Lonaker and whether they proximately caused his injuries.
Miranda Herbert v. Steven Herbert (NFP)
16A01-1109-DR-418
Domestic relation. Affirms the court’s order granting father’s request to prevent the relocation of his children.
J.F. v. State of Indiana (NFP)
49A05-1108-JV-422
Juvenile. Affirms juvenile court’s admission as evidence contraband seized from J.F.’s pocket.
Jessica Deaton v. State of Indiana (NFP)
34A05-1110-CR-536
Criminal. Affirms sentence for Class C felony neglect of a dependent.
Dwayne K. Allen v. State of Indiana (NFP)
34A02-1101-PC-52
Post conviction. Affirms post-conviction court’s denial of claim for ineffective assistance of appellate counsel based on counsel’s failure to challenge the trial court’s denial of Allen’s request for a competency evaluation and challenging the post-conviction court’s decision not to hold a new sentencing hearing.
Michael D. Thorning v. State of Indiana (NFP)
24A01-1109-CR-453
Criminal. Affirms sentence for Class D felony counterfeiting.
Indiana Court of Appeals
Jacob Key, Ted J. Brown and Sally A. Brown v. Dewayne Hamilton
48A02-1007-CT-812
Civil tort. Affirms trial court’s grant of summary judgment in favor of Hamilton, holding that Key – by waving into traffic a driver who caused a crash with Hamilton – assumed a duty of care to a third-party motorist because the signaled driver reasonably expected that traffic was clear.
The Association of Legal Administrators, Indiana Chapter, will hold a seminar March 14 about how to successfully implement workplace wellness plans.
In a case of first impression, the Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a motorcyclist injured in a crash. One judge disagreed with the majority decision, stating the opinion is contrary to sound public policy.
It’s not often lawyers and judges mix work and a good time, but over the past 19 years the IndyBar’s Bench Bar Conference has become known as the premier event to do just that.
The IndyBar Review is a point of pride for the IndyBar. We are the only bar in the country to sponsor a bar review course.
Hear an update on pending legislation and get to know Indiana legislators at the IndyBar’s sixth annual seminar, “The Importance of Lawyer-Legislators in the Indiana General Assembly,” which is hosted by the Bar’s Legislative Committee.
Hear an update on pending legislation and get to know Indiana legislators at the IndyBar’s sixth annual seminar, “The Importance of Lawyer-Legislators in the Indiana General Assembly,” which is hosted by the Bar’s Legislative Committee. Attorneys who are state senators and representatives will lead a lively discussion during the luncheon on Wednesday, February 29, from noon to […]
The IndyBar will release a new edition of the printed Indianapolis Bar Association Directory in Summer 2012.
For most patent attorneys, the American Invents Act has created an opportunity to engage clients on a variety of legal matters. For one Indianapolis-based entrepreneur, James Burnes of Project Brilliant, it sparked an opportunity to launch a new software venture.
For most patent attorneys, the American Invents Act has created an opportunity to engage clients on a variety of legal matters. For one Indianapolis-based entrepreneur, James Burnes of Project Brilliant, it sparked an opportunity to launch a new software venture. Among many changes, the AIA added a new method for marking in U.S. 35, Section […]
Greg Andrews writes his “Behind the News” column about a Carmel couple’s federal lawsuit stemming from a tax fraud investigation.