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Opinions Feb. 14, 2012

Indiana Court of Appeals
In Re: The Marriage of K.Z. and M.H.
43A05-1107-DR-436
Domestic relation. Affirms trial court’s order modifying dissolution decree to reflect that a child of the marriage between K.Z. and M.H. had been born after their divorce. Citing mother’s statement in the original dissolution decree, holds that no question of paternity exists, and therefore, the court did not abuse its discretion in modifying the dissolution decree at the father’s request.

Justices dissent on denying transfer in wage payment case

Two Indiana Supreme Court justices disagreed with their colleagues about not taking a case on the state’s wage payment statute, issuing dissent that described how they believe the justices should clear up perceived uncertainty about whether the law can be applied to certain claims before the Indiana Department of Labor.

Justices rule governor doesn’t have to testify in IBM case

On the same day it heard arguments, the Indiana Supreme Court reversed a Marion Superior judge’s ruling and held that Gov. Mitch Daniels does not have to testify or be deposed in an ongoing lawsuit over the cancelled contract to modernize the state’s welfare system.

Task force will examine Marion County’s small claims courts

A new task force will review the practices and procedures of the nine small claims courts within the state’s largest county, following critical reports last year suggesting litigants may not receive the same access to justice in each court or as parties have in other Indiana jurisdictions.

Vagueness of policy is grounds for reversal

The 7th Circuit Court of Appeals has reversed a District Court’s grant of summary judgment in favor of St. Paul Fire & Marine Insurance Company, holding that the language of its insurance policy creates a question of liability for deductible payments.

On rehearing, COA affirms original opinion

On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.

IBA: Simplifying the Practice with Forms and Resources

The sharing of information and resources is one of the greatest benefits of an association. During the course of its more than 125 year history the IndyBar has developed a number of resources to assist in the practice online, on disk, or in hard copy.

Chinn: Super February

The midyear meetings of the American Bar Association were held in New Orleans earlier this month. As bad luck would have it, the meetings overlapped Super Bowl week in Indianapolis and for some even Super Bowl Sunday itself. But despite the conflict, a number of IndyBar leaders made the trip to the Crescent City to take part in the meetings, to represent the IndyBar, and to fulfill various speaking obligations.

IBA: Volunteer for the Health and Human Rights Clinic at the Indiana University Robert H. McKinney School of Law

The Health & Human Rights Clinic at the Indiana University Robert H. McKinney School of Law (“HHRC”), with the support of a $35,000 grant from the Indianapolis Bar Foundation (“IBF”), is launching a first-of-its-kind initiative to team local attorneys with clinical faculty in providing pro bono representation to low-income clients in the Indianapolis community.

IBA: Getting to Know Buchanan Winner Judge Jane Magnus-Stinson

Judge Jane Magnus-Stinson, the 2012 recipient of the Paul H. Buchanan Jr. Award of Excellence, is a role model for many. The Indianapolis Bar Association posed some questions to “Judge Jane,” as she prefers to be known, to learn more about this exceptional lawyer and jurist.

Start Page: Exploring alternatives to using email

Email is war – you are a prisoner. Your inbox, once littered with annoying spam, now delivers a super-abundance of information. The torrent defies your effort to organize, classify, prioritize and respond to those that are critical versus those that are merely interesting. Bad news: it’s only going to get worse.

Lawyers sweat it out in ethics CLE

Sneakers, shorts and T-shirts aren’t what most attorneys typically wear to continuing legal education sessions. But on Jan. 30, lawyers put on their workout gear and hit the gym for a one-hour CLE on ethics.