Farm Bureau counsel eyes laws of the land
Environmental regulation and eminent domain are among top concerns for farmers.
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Justices consider state back-pay suit
Almost a year after the Indiana Court of Appeals significantly slashed a $42.4 million damages award against the state, the Indiana Supreme Court heard arguments Sept. 8 on whether past and present employees can recover back pay and how much should be awarded.
Law School Briefs – 9/14/11
Indiana University School of Law – Indianapolis will be hosting its inaugural Biomedical and Health Industry Law Compliance Conference; scholars will visit the Maurer School of Law for an IP colloquium.
Terms of Art: From death row to SoHo
Attorney Wandini Riggins writes about lawyer Rhonda Long-Sharp, who has a gallery in Indianapolis and plans to open others in Detroit and New York.
Federal Bar Update: Comments accepted on Rule 45 amendments
John Maley discusses proposed rule amendments and a study on 12(b)(6) motions.
Constructing contracts for safety
Indiana Supreme Court case examines construction manager’s liability.
Fall protection mandatory for residential jobs
On Oct. 1, the Occupational Health and Safety Administration will begin enforcing fall protection plans for residential contractors. The regulations have long applied to commercial construction, but this year marks the first that OSHA will begin requiring residential contractors to exercise the same level of caution when employees are working more than six feet above the ground.
Technology Untangled: Blu-ray players also stream Internet video
Stephen Bour takes a look into a HD Blu-ray disc player to expand his viewing options.
New magistrate takes the oath
U.S. Magistrate Denise K. LaRue was sworn in Sept. 8 as the Southern District of Indiana’s newest magistrate.
Recent medical malpractice opinion causes some lawyers concern
Attorneys have asked the Indiana Supreme Court to weigh in on a recent ruling that has left some people wondering about the future of medical malpractice law.
2 Indiana lawyers part of legal team representing plaintiffs in 9/11 litigation
Even now, chills run down Mary Beth Ramey’s spine when she stands along the canal in downtown Indianapolis and thinks about how that spot ties into the litigation she’s been involved in for the past decade.
Judges disagree on whether use of names or initials is appropriate
A clear divide exists at the Indiana Court of Appeals these days and is anything but confidential. Judges are debating whether parties’ names on certain cases should be released publicly or be shielded through use of initials only.
Questioning judicial campaign contributions
The American Bar Association urges states to adopt recusal rules because of judicial fundraising concerns.
Opinions Sept. 12, 2011 ILD
7th Circuit Court of Appeals
Kevin B. Arnett v. Thomas A. Webster, M.D., et al.
09-3280
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Affirms dismissal of the non-medical defendants from Arnett’s Bivens action for cruel and unusual punishment while he was in prison. Finds Arnett properly stated a claim against the medical defendants Beighley, Dr. Wilson, and Paul-Blanc and reverses dismissal with regards to those three. Affirms summary judgment in favor of Dr. Webster because Arnett failed to meet his burden to submit evidence upon which a reasonable jury could find that the doctor acted with deliberate indifference. Remands for further proceedings.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Maria Lopez Garcia v. Agile Resources Inc. (NFP)
93A02-1012-EX-1425
Agency appeal. Affirms denial of application for adjustment of claim.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court granted four transfers and denied 23 for the week ending Sept. 9, 2011.
Opinions Sept. 12, 2011
7th Circuit Court of Appeals
Kevin B. Arnett v. Thomas A. Webster, M.D., et al.
09-3280
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Affirms dismissal of the non-medical defendants from Arnett’s Bivens action for cruel and unusual punishment while he was in prison. Finds Arnett properly stated a claim against the medical defendants Beighley, Dr. Wilson, and Paul-Blanc and reverses dismissal with regards to those three. Affirms summary judgment in favor of Dr. Webster because Arnett failed to meet his burden to submit evidence upon which a reasonable jury could find that the doctor acted with deliberate indifference. Remands for further proceedings.
Damage of personal property not unconstitutional taking
The Indiana Court of Appeals has ruled in favor of a sanitary district in a suit against it alleging an unconstitutional taking of homeowners’ personal property after sewage backed up into their homes. The judges relied on a case from Nevada to support their decision.
Supreme Court takes 4 cases
The Indiana Supreme Court has granted transfer to four cases, including two cases dealing with double jeopardy issues.
Appeals court sets arguments in Camm case
The Indiana Court of Appeals has schedule oral arguments in the case of the former Indiana State Police trooper accused of killing his wife and children in 2000.