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Indiana State Bar Association celebrates diversity
Hundreds of attorneys and judges converged on Indianapolis recently, attending the annual meeting of the Indiana State Bar Association, where the delegates dodged any new business.
New ISBA president to focus on outreach, continue diversity efforts
New president Jeffry Lind plans to continue to work with all members of the state’s largest legal organization, with a focus on county and specialty bars around the state.
Judges’ right to bear arms (sometimes)
The Commission on Courts didn’t recommend any state statute changes that would have allowed judges authority to carry weapons in places county ordinances or laws currently prevent.
Fashion and law intersect
As the fashion industry continues to grow in Indianapolis, an upcoming lecture about the intersection of fashion and the law just seems to make sense for the design community and the legal community.
Ukrainian lawyers in Indiana
On their recent visit to Indiana, six delegates from the Ukraine in various legal roles learned how similar and different their legal system is compared to the justice system in the U.S. by visiting and observing it firsthand.
Justice David joins the Indiana Supreme Court
One word marked Justice Steven H. David’s beginning on the Indiana Supreme Court: wow.
On The Move – 10/27/10
See who’s recently joined firms, won awards, or been appointed to organizations.
IBF receives $100k; shares 2011 budget
Following the unexpected gift from the Indiana Continuing Legal Education Forum’s governing board of $100,000 to the Indiana Bar Foundation on Oct. 15, leadership for IBF said it is unlikely the foundation will give all of that money to the pro bono districts.
Adult guardians sworn in
A swearing-in ceremony for the first class of the Wishard Volunteer Advocates Program took place Oct. 18 at Indiana University School of Law – Indianapolis.
Courts consider foreclosure issues
To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.
Commission on Courts makes recommendations
As the interim legislative calendar wound down to make way for the next Indiana General Assembly session, the Commission on Courts has made recommendations on new court requests and discussed issues that impact funding and structure of statewide trial courts.
Lawyers in uncharted waters with 358 med-mal claims against former physician
If ever there was a line of litigation symbolizing a “cornucopia of legal issues,” then it’s the string of claims against the former Merrillville sinus specialist known as “The Nose Doc.”
Rewriting the rules on attorney advertising
If you practice law in Indiana, new rules are at your doorstep for how to go about attorney advertising in this state.
Grand jury indicts recycler for racketeering
A Marion County grand jury has returned an eight-count indictment against OmniSource Corp., accusing the metal recycling powerhouse of racketeering and receiving stolen property.
Opinions Oct. 26, 2010
Indiana Court of Appeals
Allstate Insurance Company v. Timothy Clancy, et al.
45A03-0910-CV-498
Civil. Reverses trial court’s order granting a motion to compel the production of documents. In its interlocutory appeal, Allstate Insurance Company raised the following issue: whether the trial court abused its discretion by compelling production of documents subject to the attorney-client privilege on the ground that Allstate has implicitly raised an advice of counsel defense, thereby waiving the attorney-client privilege.
Opinions Oct. 25, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Tyree L. Thomas v. State of Indiana (NFP)
49A02-1002-CR-173
Criminal. Affirms order Thomas serve the remainder of his sentence incarcerated after violating his probation.
Willie Ferrell v. State of Indiana (NFP)
49A02-1004-PC-514
Post conviction. Affirms denial of petition for post-conviction relief.
Parr Richey Obremskey & Morton and Kent M. Frandsen v. Biomet, Inc. (NFP)
43A03-1002-CT-70
Civil tort. Affirms entry of partial summary judgment on duty and breach on Biomet’s complaint for legal malpractice and remands for a trial concerning proximate cause and damages.
Duward T. Roby v. State of Indiana (NFP)
10A01-0910-CR-492
Criminal. Remands with orders to vacate three of Roby’s Class B felony robbery convictions and sentences, and to revise his sentence so the habitual offender finding enhances the sentence for his remaining Class B felony robbery conviction.
Runningman, LLC, v. The Nagsak Company of West Lafayette, Inc., Joshua Nagy and Robert Sak (NFP)
18A02-1003-PL-383
Civil plenary. Affirms dismissal of Runningman’s complaint against The Nagsak Company of West Lafayette, Nagy, and Sak for breach of contract, fraudulent inducement, and violation of the Indiana Franchise Disclosure Act.
David L. Lind and Edward D. Deters v. New Albany Floyd County Dept. of Parks and Recreation (NFP)
22A01-1002-PL-94
Civil plenary. Affirms the use of eminent domain for some of Lind and Deters’ lands for a public park.
Halifax Financial Group, LP v. Capital Imp. Bd. of Mgrs. of Marion Co. and Marion Co. Convention and Recreational Facilities Authority (NFP)
49A02-0912-CV-1291
Civil plenary. Affirms summary judgment for the Capital Improvement Board and the Marion County Convention and Recreational Facilities Authority in Halifax’s suit to recover possession of real estate, removing them from the land, and order the removal of a parking garage built on the land.
S.H.P. v. S.P. (NFP)
49A02-1005-DR-680
Domestic relation. Affirms grant of custody to father S.P.
Rodrigo Medrano, Jr., v. State of Indiana (NFP)
79A05-0912-CR-686
Criminal. Affirms convictions of carrying a handgun while having a prior felony conviction as a Class C felony and possession of marijuana while having a prior conviction as a Class D felony.
The Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted 6 transfers and denied 26 for the week ending Oct. 22.
Opinions Oct. 25, 2010
Indiana Court of Appeals
Alesa Pack v. Indiana Family and Social Services Administration
89A05-1004-PL-240
Civil plenary. Reverses denial of Medicaid benefits. The administrative law judge’s decision is defective for failing to consider the totality of the evidence provided and in its presentation of and engagement with the findings of basic fact when applying the law to reach a finding of ultimate fact that Pack’s health conditions didn’t substantially impair her ability to work. Remands to the ALJ for further proceedings.
High court grants 6 transfers
The Indiana Supreme Court took six cases last week, including two cases of first impression before the Indiana Court of Appeals involving attorney’s fees under the Adult Wrongful Death Statute and the modification of a felony conviction to a misdemeanor.
Judges send Medicaid case back for review
The Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked findings of fact making the case mostly unreviewable by the appellate court.