Shield law ruling unique in nation
The Indiana Court of Appeals adopts a modified test in a defamation case.
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Dean’s Desk: Notre Dame expands course, clinical offerings
Dean Nell Jessup Newton writes about how Notre Dame Law School is working to prepare students for the practice of law.
Poor credit may cost jobs
Opinions vary about whether employers should be able to check personal credit histories.
Tort law case tests boundaries of ‘duty’
The Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the majority opinion could have a negative impact on public policy.
Law students write, perform musical
Original production at Indiana University Maurer School of Law parodies law school experience.
Marion County small claims under review
A two-judge task force looking into the operation of Marion County’s small claims courts has listened to complaints from the public about inconvenience and confusion with the current system and will consider if any changes are needed.
Questionable results of drug tests
Attorney Fran Watson worries that people have been wrongfully convicted in Indiana, and findings released from a court-appointed task force show that she may be justified in having that fear.
Divided Supreme Court rules on attorney fees case
The Indiana Supreme Court has affirmed the award of attorney fees to an Indiana town, although two justices disagreed and would have reversed the trial court.
Legislation to supplement IOLTA funds passes
Effective July 1, a fee of $1 for every civil filing will be awarded to the Indiana Bar Foundation to augment funding for its pro bono districts.
Justices: Tax Court erred in prima facie showing requirement
The Indiana Supreme Court has found that the Indiana Tax Court erred in requiring the state revenue department to produce more evidence of a proposed assessment of additional tax liability for a corporation.
New mailing address for bankruptcy court
At the end of March, the United States Bankruptcy Court, Southern District of Indiana will deactivate its Indianapolis post office box.
State bar, southern Indiana lawyers offer aid to tornado victims
The Indiana State Bar Association has established a toll-free legal aid line for victims of the March 2 tornadoes in Southeast Indiana. Victims who call for legal information will be matched with local lawyers who have volunteered to provide free legal consultations on matters such as insurance claims, home repair contracts, landlord issues and replacing legal documents.
Opinions March 12, 2012 ILD
The following Indiana Supreme Court opinions were posted after IL deadline Friday:
R.L. Turner Corporation v. Town of Brownsburg
32S01-1109-PL-573
Civil plenary. Affirms trial court’s grant of a petition for attorney fees to the Town of Brownsburg, rejecting Turner’s argument that the court erred in not entering special findings before awarding fees. Justice Rucker affirmed in part, but dissented in part, writing that he would remand for further proceedings, as the trial record shows no indication of whether Turner’s claims or defenses were frivolous, unreasonable, groundless or otherwise litigated in bad faith.
Indiana Department of State Revenue v. Rent-A-Center East, Inc.
49S10-1112-TA-683
Tax appeal. Reverses Indiana Tax Court’s grant of summary judgment in favor of Rent-A-Center East, holding that the taxpayer has the burden of showing a genuine issue of material fact exists with respect to unpaid tax, and that upon presenting that evidence the Indiana Department of State Revenue could reply before the Tax Court rules on a motion for summary judgment. Remands to the Tax Court for consideration of motions for summary judgment on their merits, in light of all the designated evidence the parties may tender.
Today’s opinions:
The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had issued no opinions at IL deadline.
Indiana Court of Appeals
Wells Fargo Bank, N.A., successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers, et al. (NFP)
02A04-1103-CP-112
Civil plenary. Dismisses appeal, holding that Wells Fargo failed to timely file its notice of appeal.
Opinions March 12, 2012
Indiana Court of Appeals
Wells Fargo Bank, N.A., successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers, et al. (NFP)
02A04-1103-CP-112
Civil plenary. Dismisses appeal, holding that Wells Fargo failed to timely file its notice of appeal.
Divided 7th Circuit affirms ‘career offender’ conviction
The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.
Opinions March 9, 2012 ILD
Indiana Tax Court and Indiana Supreme Court had issued no opinions at IL deadline.
Indiana Court of Appeals
Kenneth A. Lainhart v. State of Indiana (NFP)
24A01-1108-CR-371
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
Town of Griffith and the Griffith Fire Department v. T.M. Somers Fire Equipment, Inc. (NFP)
45A03-1107-CT-302
Civil tort. Reverses trial court’s denial of Town of Griffith and Griffith Fire Department’s motion for summary judgment, holding that T.M. Somers Fire Equipment did not submit a timely open door policy complaint and also failed to timely file its notice of tort claim.
A.V. v. Indiana Department of Child Services (NFP)
12A01-1108-JT-409
Juvenile. Affirms termination of mother’s parental rights.
Opinions March 9, 2012
7th Circuit Court of Appeals
United States of America v. Anthony Raupp
11-2215
United States District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms District Court’s determination that Raupp was a “career offender,” due to a previous crime of violence, and affirms 100-month sentence. Judge Diane Wood dissented, holding that the majority relied on a note in the U.S. Sentencing Guidelines that is for agency interpretation of its own rule.
Indiana Civil Rights Commission to kickoff statewide CLE series
The Indiana Civil Rights Commission will host a continuing legal education seminar on March 30 – the first of a free, six-session statewide program.
Law firms step up for charitable cause Saturday
Several Indianapolis lawyers will participate in the “Fight for Air Climb” Saturday to benefit the American Lung Association.