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Opinions March 15, 2023

March 15, 2023

WEOC, Inc. d/b/a Wings, Etc. and Romo, LLC, d/b/a El Cantarito v. Leah Niebauer, as Special Representative of the Estate of Nathan Blount, Deceased
22A-CT-1869
Civil tort. Affirms the denial of Wings Etc. and El Cantarito’s motion to dismiss Count 3 of the wrongful death suit brought by Leah Niebauer, special representative of the Estate of Nathan Blount. Finds the estate’s claim for negligent furnishing of alcoholic beverage does state a claim upon which relief can be granted.

Bill revoking National Guard members’ ability to demand court martial headed for final Senate vote

March 15, 2023 | Alexa Shrake

A bill changing the process for calling a court martial within the Indiana National Guard is one step closer to passage.

COA upholds burglary conviction after man takes father’s truck

March 15, 2023 | Alexa Shrake

A man who took a truck belonging to his deceased father from his ex-wife’s house has failed in his attempt to overturn his felony burglary conviction at the Court of Appeals of Indiana.

Indianapolis bus driver charged with strangling student

March 15, 2023 | Associated Press

An Indianapolis school bus driver faces charges of felony strangulation and misdemeanor battery after allegedly attacking a middle school student that she stopped from exiting her bus at a stop that wasn’t his.

Warrant issued in fatal shooting outside Indianapolis mall

March 15, 2023 | Associated Press

An arrest warrant was issued Tuesday for a 19-year-old Indianapolis man charging him with voluntary manslaughter and battery in a shooting at an Indianapolis shopping mall that killed another teen and injured a man.

Class action suit filed against Silicon Valley Bank parent

March 15, 2023 | Associated Press

A class action lawsuit is being filed against the parent company of Silicon Valley Bank, its CEO and its chief financial officer, saying the company didn’t disclose the risks that future interest rate increases would have on its business.

Experts say attacks on free speech are rising across the US

March 15, 2023 | Associated Press

First Amendment rights had been stable in America for decades, but in recent years, many states have reverted to the anti-speech tactics employed by people like Sen. Joe McCarthy during the “Red Scare” of the early 1950s.

Johnson: IN employers rethink policies to compete with other states

March 15, 2023 | Angela Johnson

Indiana’s laissez faire approach to employers makes our state a business-friendly place to operate. However, in recent years, our neighboring states have enacted laws that mandate greater benefits and protections than those available to many Hoosier employees.

After effects: Post-COVID, bar pass rates dip for first-time takers in 2022 as scores level out

March 15, 2023 | Tyler Fenwick

The American Bar Association Section of Legal Education and Admissions to the Bar recently released pass rates for first-time test takers in 2022, showing a 9 percentage point drop from 2020 and a slightly smaller decline from 2019 before the pandemic.

Halfway point: A look at key legislation in 2nd half of 2023 session

March 15, 2023 | IL Staff

Here is an update on key legislation affecting not only lawyers, but all Hoosiers statewide. Updates are as of March 10.

Proponents of increased juror pay bill point to better engagement

March 15, 2023 | Tyler Fenwick

As it stands now, the pay to show up for jury selection is $15 per day. Those chosen to serve on a jury earn $40 per day, which comes out to $5 an hour for an eight-hour day. Legislation making its way through the Statehouse would double that pay.

Ochoa: Recognizing IU Maurer alumnae who have made a difference

March 15, 2023 | Christiana Ochoa

From their seats in the Kathleen and Ann DeLaney Moot Court Room, admitted students look to the front of the room where they see the portraits of four trailblazing alumnae who have made indelible marks on the judiciary.

Web Exclusive: Cameras in court: The people behind new order allowing cameras at judge’s discretion

March 15, 2023 | Alexa Shrake

After decades of pilot projects and repeated denials, a rule change effective May 1 will enable requests to become reality: cameras in Indiana trial courtrooms.

IndyBar: Practice Toolkit: ‘Service Charge: Your Law Firm Isn’t a Bank, So Stop Acting Like It Is’

March 15, 2023 | From IndyBar and Jared Correia

Law firms have traditionally extended credit to clients by billing in arrears. But let’s be honest: That’s not a client-facing model.

Loeffler and Trachtman: What COVID taught us about remote work, accommodations

March 15, 2023 | Rebecca Loeffler and Cameron Trachtman

Employees whose requests for work-from-home accommodations were previously denied as unreasonable pushed back after the pandemic, citing the ability to perform job functions at home as well as — or in some cases better than — in the office.

One admission for all: Push for standardized federal bar admission gaining traction

March 15, 2023 | Alexa Shrake

A proposal submitted to the Judicial Conference’s Committee on Rules of Practice and Procedure last month provides for the creation of a “Bar of the District Court for the United States.”

IndyBar: Championing Small Town America: How to address the rural attorney shortage with private innovation

March 15, 2023 | From IndyBar and Cory Sprunger

We have all heard about the dire shortage of rural attorneys. While many are calling for new government programs or top-down fixes, the solution may be something much simpler, private and market driven.

Misdemeanor funding coming back to defenders? Public defender offices hoping for restoration of misdemeanor reimbursement funding

March 15, 2023 | Daniel Carson

As staff shortages collide with overflowing caseloads, chief public defenders around the state are keeping a close eye on new funding proposed by Gov. Eric Holcomb that would reimburse public defender offices for handling misdemeanor cases.

IndyBar: ESG and Sustainability Matter … What Does That Mean?

March 15, 2023 | From IndyBar and Julian Harrell

Winds of change swirl often; however, certain “evolutionary gusts” seem particularly persistent right now.

Indiana Court Decisions: Feb. 22-March 8, 2023

March 15, 2023

Read Indiana appellate court decisions for the most recent reporting period.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • State judiciary is considering alternative exam for bar admission

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

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