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Opinions Nov. 23, 2010

7th Circuit Court of Appeals
Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC
10-2327
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Civil. Affirms the judgment of the District Court that granted Anodyne’s request for an award of attorneys’ fees in the amount of $72,747. The award was based on 15 U.S.C. § 1117(a), which allows attorneys’ fees to be awarded to prevailing parties in Lanham Act suits, but only in “exceptional cases.” Nightingale contended no award of attorneys’ fees was justified because the case was not “exceptional.” Also grants Anodyne’s motion for fees and costs pursuant to Rule 38 of the appellate rules. Dismisses as moot Anodyne’s motion to strike Nightingale’s brief and appendix.

IBA Frontlines

IBA Frontlines for Nov. 24-Dec. 7, 2010.

IBA: IndyBar Job Bank is Ready to Serve You

Are you looking to a job? Are you looking to hire qualified legal professionals? The newly re-designed indybar.org website is a great way to make a connection.

IBA: Law Students Learn What They Need to Know

Have you ever wished there was a manual for your relationships; your kids; your job? Law students are no exception, so the IBA created the What You Need to Know series.

IBA: Bar Leadership for 2011 in Place

With nearly 40 groups within the Indianapolis Bar to provide service and support, it takes great leadership to accomplish the lofty goals set for each.

IBA: Institute Offers Advocates an Invaluable Resource

The Indianapolis Bar Association’s Appellate Practice Section recently created the Indiana Appellate Institute, a resource available to lawyers throughout the state who have oral arguments scheduled before the Indiana Supreme Court or Court of Appeals.

DTCI: Medical Negligence vs. Premises Liability

When a patient is harmed during a medical procedure, a patient may elect to file a medical negligence claim against his physician and the health care facility in which the procedure occurred. However, when a patient is harmed during a hospitalization, should the claim still be pursued as one of medical negligence or is it more appropriately a premises liability claim?

Knox County Bar memorializes lawyer

The Knox County Bar Association adopted a resolution to memorialize former Indiana State Bar Association president E. Rabb Emison in mid-November.

On the Move – 11/24/10

See who are new to Indiana firms and what attorneys have opened new law firms.

Viewpoint: I hope you read this

An anonymous young lawyer in Indianapolis discusses her anxiety issues and the Judges and Lawyers Assistance Program.

Death and tax uncertainty

These days, it feels as though Uncle Sam is laughing at estate planning and wealth transfer attorneys.

Judicial candidates lose elections

Two judicial candidates who’d faced Indiana Election Commission challenges earlier this year about their names even appearing on the ballot made it to the general election, but ended up losing the races and not getting to the bench in Lake and Allen counties.

SCOTUS reverses 7th Circuit again

The death penalty has effectively been reinstated for an Indiana man after the nation’s highest court reversed the 7th Circuit Court of Appeals ruling that had ordered a new trial. In doing that, the Supreme Court of the United States on Nov. 8 reiterated its message that federal courts can’t issue any writ of habeas […]

Indiana law students raise awareness on animal welfare issues

To learn more about a number of legal concerns that involve animal welfare – whether those issues involve pets, livestock, or even exotic animals – students at Indiana law schools have started organizations affiliated with the national Animal Legal Defense Fund.