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Judges disagrees about jury-verdict reversal

The chief judge on the Indiana Court of Appeals is calling a majority’s decision today a “radical act” in reversing a $45,000 jury verdict in favor of a former Butler University football player who was suspended from the school after being accused of raping a female volleyball player.In Susana Henri v. Stephen Curto, No. 49A02-0709-CV-777, Chief Judge John G. Baker disagreed with his two colleagues – authoring Judge Patricia Riley and Judge Margret Robb, who reversed the Marion County jury decision and…

State bar offers 4-day work week

To help with rising gas prices, the Indiana State Bar Association is offering its employees the option of working just four days a week, although the office will remain open five days a week.About half of the bar association’s 18 employees have taken advantage of the change, allowing them to work four extended days instead of five days with typical business hours. The bar association offices remain open Monday through Friday, and employees stagger their work schedules so the office is…

COA: Attorney must wait to collect fees

The Indiana Court of Appeals affirmed a trial court’s ruling on when an attorney could receive his compensation under a contingency fee agreement, even though the attorney didn’t submit a transcript of the bench trial detailing the trial court’s findings. In Thomas J. Herr v. Carter Lumber Inc., The Carter Jones Lumber Company, and Brian L. Oaks, No. 79A02-0803-CV-290, before ruling on the issue Thomas Herr was appealing – whether the trial court erred in ordering he receive compensation under a…

7th Circuit panel opines practical tips

The 7th Circuit Court of Appeals has some practical advice for criminal law attorneys who go before federal judges: have handy a copy of federal criminal procedure rules, particularly those involving plea discussions at sentencing, and don’t be afraid to correct or point out omissions to a judge.

Life sciences, IP conference set

Protecting investments in intellectual property created at life sciences companies is the focus of the seminar in the 2008-2009 Indiana Life Sciences Collaboration Conference Series in Bloomington Nov. 14. This is the second seminar in the series.

Judge clears way for $4.5 million settlement

A U.S. District magistrate judge granted a joint motion Sept. 2 to vacate a jury verdict in favor of a man wrongfully imprisoned for rape, allowing a settlement reached between the man and the city of Hammond to be approved.

Court of Appeals rules against FSSA

The Indiana Court of Appeals reversed a trial court’s dismissal of an action against the Family and Social Services Administration regarding the denial of Medicaid applications, finding the FSSA relied on an incorrect statute to justify the denial of new evidence supporting a disability claim on the appellate level. In William Curtis, Gary Stewart, and Walter Raines, on behalf of themselves and those similarly situated v. E. Mitchell Roob Jr., as Secretary of Indiana Family and Social Services Administration, and Jeff…

Justices take riverboat revenue case

The state’s highest court has agreed to hear a case involving $16 million of East Chicago riverboat casino revenues and whether a private business can shield its financial records from the public.The Indiana Supreme Court granted transfer Aug. 14 in Steve Carter v. East Chicago Second Century, et al., No. 49A02-0708-CV-722. The case concerns the attorney general’s request last year for a public accounting of money disbursed to Second Century from the state-licensed riverboat, which eventually became Harrah’s.In a March ruling,…

COA: Priest abuse suit can proceed

The Indiana Court of Appeals this week declined to take an interlocutory appeal on a case accusing the Archdiocese of Indianapolis of covering up an ex-priest’s history of sexual abuse.In denying the case of Archdiocese of Indianapolis, et al. v. John Doe NM, 49A05-0802-CV-00075, the court has given its go ahead for the Marion County civil suit to proceed to trial; it would be the first of 13 against the archdiocese to survive summary judgment. The suit was brought by a…

High court vies for international tech award

The Indiana Supreme Court is one of 13 international finalists being recognized for recent technology efforts, which include the case management system being phased in statewide to connect all county courts.

Court orders suit against Papa John’s to trial

The Indiana Court of Appeals reversed a grant of summary judgment in favor of a national pizza chain and its employee, finding there were genuine issues of fact as to whether the employee’s statement to police was protected by privilege. In Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John’s U.S.A. Inc., No. 29A02-0707-CV-625, Thomas Williams and Sanford Kelsey appealed the trial court grant of summary judgment in favor of Papa John’s on their claims for defamation, false imprisonment,…

Transfer granted to confrontation issue

The Indiana Supreme Court granted transfer to five cases Aug. 14, including a case that asks whether a defendant has the right to confront the lab technician who prepared a certificate of analysis. The high court granted transfer to Richard Pendergrass v. State of Indiana, No. 71A03-0712-CR-588, in which the Indiana Court of Appeals in July affirmed Richard Pendergrass’ convictions of child molesting. The appellate court ruled Pendergrass’ Sixth Amendment right to confrontation wasn’t violated with the admittance of a certificate of analysis…

BREAKING: Maurer donates $35M to IU law

Indianapolis attorney and businessman Michael Maurer is giving $35 million to the Indiana University School of Law in Bloomington, which has been renamed in his honor.

Comments sought on FMLA jury instructions

The 7th Circuit Pattern Jury Instructions Committee is accepting public comments regarding the proposed Family and Medical Leave Act pattern civil jury instructions for the Circuit Court. The committee welcomes comment before submission to the Circuit Council for approval and promulgation. Congress on Jan. 28 extended FMLA eligibility to include employees who need time off to handle certain qualifying “exigencies” related to certain family members’ service or call-up for service in a war, national emergency, or military operation designated by the…

Lawyer advertising spurs State Bar survey plan

Hoosiers will soon be asked whether “ambulance chasing” attorneys should have to wait 30 days after an accident or injury before directly contacting potential clients by mail.

Supreme Court affirms COA decision

The Indiana Supreme Court has affirmed the ruling of the Court of Appeals on a case it granted transfer to Friday. Justices granted transfer late last week in Floyd Tewell v. State of Indiana, No. 48S02-0701-PC-118, in which the court was asked to rule on whether Tewell’s request challenging his prison detainment should have been treated as post-conviction relief or a writ of habeas corpus. In an order posted online today and dated Jan. 11, the Supreme Court adopted the opinion of the…

UPDATE: SCOTUS upholds Indiana voter ID law

A week before Hoosier voters head to the polls, the nation’s highest court has upheld Indiana’s law requiring voters to show identification before casting a ballot. The Supreme Court of the United States issued its decision, this morning in the pair of consolidated Hoosier cases William Crawford, et al. v. Marion County Election Board, et al., No. 07-21, and Indiana Democratic Party, et al. v. Todd Rokita, No. 07-25. The decision rejected the constitutional challenge to the strictest voter ID law in…

Lectures discuss screening lawyers, e-lawyering

The 11th annual Tabor Institute in Legal Ethics lectures featuring a bench and bar lecture and a public lecture will be April 24 at Valparaiso University School of Law. Both lectures are free and open to the public. The bench and bar lecture, “Gatekeepers: The Role of the Law School and the Bar in Regulating Access to the Profession (A Reflection on Traffic Tickets, Microwaving Cats, and Spanking),” George Washington University Law School professor Theresa A. Gabaldon will explore the growing…