Hollis: Noncompetes: Impact of proposed FTC rule, NLRB memo
Noncompete agreements have been a longstanding topic of debate in employment law. In 2023, the federal government inserted itself into the debate.
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IndyBar: IndyBar Executive Director Receives National Recognition
| Kevin Ryan and From IndyBar
When we at NABE think of a bar executive who epitomizes our profession, who stands out as a leader in our field, whose association is the one we look to for cutting-edge, successful ideas and programs, we think of Julie Armstrong.
Vague statute leads to litigation for clarification: Physician noncompete statute facing questions from both sides
A new law went into effect in Indiana last month that eliminates the use of noncompete agreements in physicians’ contracts. However, the legislation has raised many questions for attorneys and clients on both sides of the issue.
Web Exclusive: Meet the judges: Montgomery Superior Judge Daniel Petrie
Montgomery Superior Judge Daniel Petrie is the most recent trial court judge to be featured in Indiana Lawyer’s Spotlight series, which focuses on judicial officers in more rural areas of the state.
Hammerle on… “Barbie” and “Oppenheimer”
Indianapolis criminal defense attorney Robert Hammerle gives us his take on “Barbie” and “Oppenheimer.”
IndyBar: Lift Up a Colleague: Nominations Open for IndyBar Awards
Nominations are encouraged for the following IndyBar awards via a single online application form that only takes a few minutes to complete.
IndyBar: Practice Toolkit: Working Thesis: You Don’t Always Have to Hire to Get More Help
| From IndyBar and Jared Correia
If you’re only looking for a traditional hire, you may be overlooking some options that could be a viable fit in your environment.
Longtime city employee sues Valparaiso, alleges constitutional violations, gender/pay discrimination
A woman has filed a federal lawsuit against the city of Valparaiso, its mayor, a former city administrator Organizational Development Solutions, Inc. and the company’s president, alleging gender and pay discrimination, harassment, retaliation and defamation.
Judge upholds petition requirement for independent, minor-party ballot access in Indiana
Indiana’s requirement for political independents and minor-party candidates to obtain ballot access via petition — a process estimated to cost roughly $500,000 — is not unconstitutional, a federal judge has ruled.
Federal magistrate denies recusal motion in Purdue Title IX lawsuit
A federal magistrate judge in the Indiana Northern District Court has denied a motion to recuse brought by a male student at Purdue University who was expelled after the school determined he had sexually assaulted a female student.
Opinions August 15, 2023
Tuesday opinions
Court of Appeals of Indiana
Derek Fingers v. Robert Carter, et al. (mem. dec.)
23A-PL-132
Civil plenary. Affirms the LaPorte Superior Court’s summary judgment in favor of Robert Carter and others. Finds there is no genuine issue of material fact that Derek Fingers failed to exhaust his administrative remedies prior to bringing his cause of action pursuant to 42 U.S.C. § 1983. Also finds the trial court properly concluded that his claims are barred.
ABA increases distance education limit to 50%
| IL Staff
The American Bar Association House of Delegates has concurred with the ABA’s legal education council to increase the distance education limits so a law school may grant a student up to 50% of the credit hours required for a J.D. degree via distance education.
Biden administration urges colleges to pursue racial diversity without affirmative action
New guidance from the Biden administration on Monday urges colleges to use a range of strategies to promote racial diversity on campus after the Supreme Court struck down affirmative action in admissions.
How a law associated with mobsters is central to charges against Trump
Fulton County District Attorney Fani Willis used Georgia’s RICO law to charge Donald Trump and 18 associates for allegedly participating in a wide-ranging conspiracy to overturn the state’s 2020 election results.
3 found dead in car in Indianapolis school parking lot
Police in Indianapolis are investigating how three people ended up dead in a car parked outside an elementary school.
Indiana teen who shot teacher and student at a middle school in 2018 is ordered to treatment center
A teenager who opened fire at a central Indiana middle school in 2018, wounding another student and a teacher, should go to a residential treatment center, a judge ordered Monday.
Insufficient evidence leads to COA reversal in Vincennes trespass case
A Vincennes police officer was not acting as an agent of a store when he asked a man to leave the store’s property and later arrested him, the Court of Appeals of Indiana ruled in reversing a trial court’s conviction on a misdemeanor trespassing charge.
IN Supreme Court appoints Hanlon to rules committee
| IL Staff
The Indiana Supreme Court Committee on Rules of Practice and Procedure has appointed Owen Circuit Court Judge Kelsey B. Hanlon to replace Court of Appeals of Indiana Judge Paul Felix on the committee.
Opinions August 14, 2023
Monday opinions
Court of Appeals of Indiana
Shane Willingham v. Anderson Center
23A-CT-459
Civil tort. Affirms the dismissal of Shane Willingham’s complaint. Finds the Madison Circuit Court did not err in granting Anderson Center’s motion to dismiss and dismissing without prejudice. Also finds Willingham’s claim is a medical malpractice claim and falls under the Indiana Medical Malpractice Act.
Fair housing report highlights issues with out-of-state investors in Indianapolis, surrounding areas
| IL Staff
Homeownership by out-of-state investors is becoming more prevalent in the Indianapolis area and Indiana has become a top state for new single-family “build-to-rent” communities, according to a report released by the Fair Housing Center of Central Indiana.
