Baker & Daniels in talks to merge with Minneapolis firm
Baker & Daniels LLP, one of Indianapolis' largest and oldest law firms, is in merger discussions with a Minneapolis law firm and expects to complete a deal in October.
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Jefferson County Courthouse reopens
More than two years after an accidental fire destroyed the Jefferson County Courthouse roof and heavily damaged the upper floor, those displaced by the fire have moved back into the landmark.
CLEAR center receives Regenstrief grant
The Center for Law, Ethics, and Applied Research in Health Information at Indiana University Maurer School of Law has received a $425,000 grant from the Regenstrief Foundation Inc., which will be used to make renovations and add amenities to its office space.
7th Circuit senior judge dies
7th Circuit Court of Appeals Senior Judge Terence Thomas Evans has died. The Milwaukee Journal Sentinel reports the judge died at the University of Chicago Medical Center after suffering from a sudden serious illness.
Judge: Students’ off-campus Internet photos protected by First Amendment
A federal judge has ruled that a northern Indiana school district shouldn’t have disciplined two high school girls who posted racy online photos of themselves posing with phallic lollipops and simulating sexual acts because the pictures were outside of school and are protected by the First Amendment.
Indiana AG sues Florida foreclosure firm owned by lawyer
Indiana Attorney General Greg Zoeller has filed a complaint against a for-profit Florida foreclosure consultant company that Zoeller claims operated illegally in 15 Indiana counties and failed to provide refunds to customers after services were not provided.
Opinions Aug. 11, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Shepherd Properties Co. v. International Union of Painters and Allied Trades, District Council 91
49A04-1010-PL-676
Civil plenary. Grants rehearing for the limited purpose of expanding upon the discussion of the issue presented on appeal concerning the propriety of an award of attorney fees under the Indiana Access to Public Records Act. The appellate court doesn’t disagree with the union’s contention, or prior observations from the court, that APRA does not include language explicitly precluding attorney fees from a third party. Conversely, APRA does not include language providing for payment of attorney fees by an intervenor, and the judges declined to write into the statute such a provision.
Karl Driver v. State of Indiana
71A05-1012-PC-795
Post conviction. Affirms denial of Driver’s verified motion to vacate judgment. Driver gained actual knowledge of the judgment when the trial court sent him a copy Sept. 7, 2010, but he did not file his motion until Oct. 29, 2010, which was outside the 30-day deadline for filing a notice of appeal.
Bradley A. Hole v. State of Indiana (NFP)
89A01-1012-CR-680
Criminal. Affirms denial of motion for pre-trial jail credit time.
James Clint Lawson v. State of Indiana (NFP)
31A01-1012-CR-627
Criminal. Affirms sentence following guilty plea to Class B felony possession of a firearm by a serious violent felon, Class D felony strangulation, Class A misdemeanor domestic battery, and Class A felony dealing in methamphetamine.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Aug. 11, 2011
Indiana Court of Appeals
Westville Correctional Facility, et al. v. George Finney
49A05-1103-PL-92
Civil plenary. Affirms grant of Finney’s verified petition for judicial review. Westville has not shown that the reviewing court committed reversible error. It is clear from the record that the agency’s action was without evidentiary foundation, let alone substantial evidence as required by Ind. Code 4-21.5-5-14(d)(5).
Appeals court affirms sending employee appeal back to agency
The Indiana Court of Appeals affirmed the grant of a fired Department of Correction employee’s petition for judicial review, finding that it was clear on the record that an administrative agency’s action was without evidentiary foundation. The appellate court noted the difficulty the judge had in conducting the judicial review due to deficiencies in recording testimony.
Volunteers needed for pilot program
The United States District Court, Southern District of Indiana is looking for law offices and firms to volunteer for an electronic civil case opening pilot program. Electronic civil case opening lets attorneys file new civil and miscellaneous cases via the Case Management/Electronic Case Filing (CM/ECF) system instead of in paper form at the clerk’s office.
South Bend attorney to investigate allegations of misconduct in Northern District
South Bend attorney Joseph D. Bradley has been appointed by Chief Judge Philip P. Simon to serve as special counsel to investigate allegations of attorney misconduct that are pending before the Attorney Grievance Committee for the Northern District of Indiana.
ISBA Young Lawyers Section wins 2 ABA awards
The Indiana State Bar Association’s Young Lawyers Section recently was recognized for its work with two awards at the American Bar Association Young Lawyers Division annual conference Aug. 6 in Toronto.
Attorney named as new Julian Center leader
The Julian Center, a nonprofit providing counseling and other services to victims of domestic violence, sexual assault, and other life crises, has announced that Melissa Pershing will be the center’s new executive director.
Justices reverse ruling against hospital on spoliation claim
Relying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court has declined to recognize similar claims regarding medical malpractice suits.
Opinions Aug. 10, 2011 ILD
7th Circuit Court of Appeals
Gregory K. Weatherbee v. Michael J. Astrue, Commissioner of the Social Security Administration
10-3736
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Civil. Affirms denial of application for Social Security disability insurance benefits and supplemental security income payments after plaintiff suffered serious injuries in a motorcycle crash. The decision to deny his application was supported by substantial evidence.
Indiana Court of Appeals
Thomas Kornelik v. Mittal Steel USA, Inc., et al.
45A03-1011-CT-583
Civil tort. Reverses the trial court’s decision to not reduce Kornelik’s lien arising under the Indiana Worker’s Compensation Act by attorney fees and pro rata costs, but affirms the refusal to reduce the lien in the same proportion that Kornelik’s full recovery was reduced. Based on the circumstances of the case, Lafarge, Kornelik’s employer, was not fully protected, so the trial court did not err in failing to reduce the lien in the same proportion that his full recovery was reduced. Remands with instructions for the trial court to reduce the lien by attorney fees and a pro rata share of the costs.
Jose Lozano v. State of Indiana (NFP)
49A02-1010-CR-1129
Criminal. Affirms denial of motion to suppress pretrial identification evidence drawn from an allegedly impermissibly suggestive photo array and the trial court ruling that a hearsay statement concerning an unnamed third party’s purported confession to the crimes with which Lozano has been charged was inadmissible.
Freddie McKnight v. Curtis T. Hill, Jr., et al. (NFP)
20A03-1005-CT-277
Civil tort. Affirms that Hill and Wargo are entitled to absolute immunity for McKnight’s negligence claim and McKnight’s federal constitutional claims are barred by the doctrine of res judicata.
R.J.C. v. State of Indiana (NFP)
28A01-1102-JV-69
Juvenile. Affirms dispositional order placing R.J.C. with the Indiana Department of Correction.
Christopher Richmond v. State of Indiana (NFP)
45A04-1101-CR-9
Criminal. Affirms sentence for Class D felony theft.
Yasmin Wilson v. State of Indiana (NFP)
49A05-1012-CR-761
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Javier Soto v. Monaco Coach Corp. (NFP)
93A02-1102-EX-204
Agency appeal. Reverses in part the denial of Soto’s application for adjustment of claim. Remands to the Full Worker’s Compensation Board of Indiana to vacate paragraph 27 of the hearing member’s decision, as adopted by the board, and any other portions of the decision related to the issue of Soto’s permanent and total disability. Permits the parties to present evidence and argument on this issue at a further hearing.
Tradell Marzette v. State of Indiana (NFP)
79A04-1004-CR-346
Criminal. Affirms convictions of and sentences for Class B felony conspiracy to commit robbery and four counts of Class B felony criminal confinement. Remands with instructions to vacate his conviction and sentence for Class B felony attempted robbery.
D.R., Alleged to be C.H.I.N.S.; J.R. v. I.D.C.S. & Child Advocates (NFP)
49A02-1012-JC-1450
Juvenile. Affirms determination that D.R. is a child in need of services.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Aug. 10, 2011
7th Circuit Court of Appeals
Gregory K. Weatherbee v. Michael J. Astrue, Commissioner of the Social Security Administration
10-3736
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Civil. Affirms denial of application for Social Security disability insurance benefits and supplemental security income payments after plaintiff suffered serious injuries in a motorcycle crash. The decision to deny his application was supported by substantial evidence.
Judges split over order property owner pay for construction of drainage-ditch arm
The Indiana Court of Appeals was divided in its ruling on whether a man whose land sits higher and isn’t prone to flooding should have to pay for the reconstruction of an arm of a nearby drainage ditch. The dissenting judge wrote that Wednesday’s decision will promote “water wars” between neighbors.
COA allows for admission of vehicle photo in personal injury action
The Indiana Court of Appeals addressed for the first time the issue of whether a photograph admitted at trial showing little damage to a truck involved in an accident is inadmissible on the grounds that it’s irrelevant to any determination of bodily injury.
DCS to host Foster Families Night at Gary baseball stadium
As a part of the series of events the Indiana Department of Child Services is holding to show appreciation for foster families, a Foster Families Night will be held Aug. 13 at the Gary SouthShore RailCats game.
Judges won’t revisit associational standing issue on same case
Finding it had already ruled on an associational standing question six years ago in the same case, the Indiana Court of Appeals has denied an electric utility’s attempt to re-litigate that issue based on the law-of-the-case doctrine.