The state bar honors an environmental leader
The ISBA’s environmental section recently honored Sen. Beverly Gard, R-Greenfield, for her work on environmental issues.
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Opinions divided on need for phosphorus regulation
Fishing, boating and swimming are popular summer pastimes in Indiana, but increasingly, Hoosiers looking for a relaxing weekend at the lake are being warned to avoid the water altogether due to pollution.
Federal Bar Update: Removal and venue changes are on the horizon
With the recent passage of the Federal Courts Jurisdiction and Venue Clarification Act of 2011, key statutory changes to removal and venue are on the horizon.
Book review: ‘Judge the Jury’ looks at juror handwriting
Trial consultant Rodney Nordstrom offers his thoughts on Alice Weiser’s book on using graphoanalysis to pick jurors.
Stuart & Branigin sponsors National High School Mock Trial event
Lafayette law firm Stuart & Branigin has signed on as the first Silver Sponsor of the 2013 National High School Mock Trial Championship, being held in Indianapolis in May 2013.
No easy fix for waning voter interest
Election results highlight lack of civic engagement in Indiana.
Impact of an evolving interstate
Lawsuits challenge the environmental footprint and public policy of I-69 expansion in southern Indiana.
Holiday gifts raise ethical concerns
Revised attorney advertising rules broaden the scope of referral regulation.
Recognizing judicial family issues
The wife of Indiana Justice Brent Dickson was recently honored for her work in creating the Judicial Family Institute.
Chief justice completing his ‘dream job’
Randall T. Shepard will retire from the bench as country’s longest-serving state court leader.
Scholarships aim to boost diversity in law firms and other fields
Recipients of Baker & Daniels’ diversity scholarships say that those scholarships helped them launch their careers.
Federal Circuit hears judges’ pay case
A federal appellate court heard arguments Friday in a case that could ultimately decide if Congress has the authority to withhold judicial pay increases as it’s done in the past or whether cost-of-living adjustments are required.
COA affirms arbitration opinion on rehearing
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.
Opinions Dec. 19, 2011 ILD
7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.
Indiana Court of Appeals
Adrian Hulse v. State of Indiana (NFP)
57A03-1105-CR-213
Criminal. Affirms conviction of battery.
City of Muncie v. Stanley Benford (NFP)
18A02-1011-MI-1281
Miscellaneous. Reverses trial court’s order awarding damages to Benford, holding the court lacked authority to enter the order.
Erie Ins. Exchange as Subrogee of Welch & Wilson Properties, LLC, d/b/a Hammons Storage and Allianz Global Risks U.S. Ins. Co. v. 500 Rangeline Rd., LLC and HSM Development, Inc. (NFP)
73A05-1104-PL-165
Civil plenary. Dismisses appeal from Erie, holding that the entry of partial summary judgment that Erie appeals is neither a final judgment nor an appealable interlocutory order, and therefore the appeals court lacks subject matter jurisdiction to entertain Erie’s appeal.
Boyer Excavating Corp. v. Shook Construction and Ball State University Board of Trustees (NFP)
18A02-1007-PL-834
Civil plenary. Affirms trial court’s order in favor of Shook Construction and Ball State University Board of Trustees, concluding that the court did not err in applying the doctrine of promissory estoppel.
JPMorgan Chase Bank, N.A., s/b/m Bank One, N.A. v. Mike S. Forbing, Successor Trustee of the Jack D. Forbing Revocable Trust (NFP)
02A05-1107-MI-395
Miscellaneous. Affirms Allen Circuit Court’s denial of motion to set aside trial court’s order releasing surplus funds from the sale of real estate.
Magnolia Health Systems v. Review Board of the Indiana Dept. of Workforce Development and Emma J. Johnson (NFP)
93A02-1107-EX-586
Civil. Affirms decision from Indiana Department of Workforce Development Review Board in favor of Johnson.
Roger Ordonez v. State of Indiana (NFP)
49A02-1105-CR-380
Criminal. Affirms sentence for Class B felony failure to stop after operating while intoxicated causing serious bodily injury.
In the Matter of the Term. of the Parent-Child Rel. of J.B., D.G., and C.W.; and D.G. v. Indiana Dept. of Child Services (NFP)
79A04-1105-JT-347
Juvenile. Affirms termination of mother’s parental rights.
Indiana Tax Court and Indiana Supreme Court had posted no opinions at IL deadline.
Opinions Dec. 19, 2011
Indiana Court of Appeals
Capitol Construction Services, Inc. v. Amy Gray, as Personal Rep. of the Estateof Clinton Gray and All One, Inc.
49A04-1005-CT-289
Civil tort. Affirms trial court’s grant of partial summary judgment in favor of Gray’s estate, holding that per terms of the contract, Capitol Construction was obligated to provide fall protection for all subcontractors.
Appeals court sides with estate of contractor killed on the job
The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.
Justices grant transfer in 1 civil case
The Indiana Supreme Court has accepted a case asking whether a construction subcontractor on a public school project can be held liable for attorney fees under the state’s public records access laws applying to public agencies.
Munster advances to national We the People competition
Students from Munster High School won the state championship in the We the People competition Sunday and will represent Indiana in the national competition next year.