IndyBar: IndyBar Foundation Events — Join in and Meet a New Friend!
After paring down in-person events in 2020 and easing back into them in 2021, the IndyBar Foundation (IBF) has been very active in 2022.
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IndyBar: IndyBar Foundation’s Board of Directors Nominations are Open
Interested in participating in leadership as a member of the fundraising-focused 2023 IndyBar Foundation Board of Directors? The following vacancies exist and must be filled by an attorney member: vice president, secretary, treasurer, diversity, equity, and inclusion accountability director and several director positions.
Beyond the law: Nonattorneys find their place in mediation
Mediation is often hailed as a helpful tool to keep parties out of court and focused on resolving their issues more efficiently. But individuals don’t necessarily have to be a licensed attorney in order to mediate a legal matter.
IndyBar: Women and the Law Division Honors Magistrate Judge Doris Pryor as the 2022 Antoinette Dakin Leach Award Winner
IndyBar’s Women and the Law Division (WLD) is pleased to announce Magistrate Judge Doris Pryor as the 2022 Antoinette Dakin Leach (ADL) Award winner.
6 finalists selected for 2nd interviews to succeed Molter on COA
The seven-member Indiana Judicial Nominating Commission has selected six finalists for the Court of Appeals of Indiana to succeed Justice Derek Molter, who joined the Indiana Supreme Court earlier this month.
Hoosier lawyer is lone plaintiff in lawsuit to block student debt cancellation plan
An Indiana attorney who claims to qualify for the Biden administration’s student loan forgiveness plan is challenging the debt relief, asserting he will face a state tax liability and be worse off because of the U.S. Department of Education’s “end-run around Congress.”
Indiana’s fetal disposition law ruled unconstitutional
A federal court has overturned Indiana’s fetal disposition law, finding the statute that requires medical providers to either bury or cremate fetal tissue violates the constitutional protections for free speech and free exercise.
JNC wraps up initial COA interviews for Molter vacancy
The Indiana Judicial Nominating Commission hunkered down at a large table in the Indiana Supreme Court conference room in Indianapolis on Tuesday morning to begin its interviews for an opening on the Court of Appeals of Indiana.
Opinions Sept. 27, 2022
Court of Appeals of Indiana
Jason Morehouse and Sarah Morehouse v. Dux North LLC
22A-PL-664
Civil plenary. Reverses summary judgment granted to Dux North on an easement of prior use over real property owned by Jason Morehouse and Sarah Morehouse. Also reverses the denial of the Morehouses’ motion for partial summary judgment on the alleged easement of necessity. Finds Dux North was required to designate evidence to show that an access road is absolutely necessary to access Parcel 3, which it did not do. Finds the designated evidence also does not show whether the access road either was or was not in use at the time that Parcel 3 was severed from the Morehouse property in April 1991. Remands for further proceedings.
COA reverses for Hamilton Co. couple over duck hunters in land dispute
An Arcadia couple in an easement dispute with a duck hunting group has secured a pair of reversals from the Court of Appeals of Indiana.
July 2022 bar exam results bring little change
| IL Staff
The July 2022 bar exam brought more of the same with an overall pass rate of 68%, a slight dip from last year and comparable to the mid-summer licensing tests given before the start of the COVID-19 pandemic.
Chief justices file brief rejecting ‘independent state legislature’ theory
| IL Staff
The Conference of Chief Justices, led by Indiana Chief Justice Loretta Rush, has filed an amicus brief requesting the U.S. Supreme Court reject a theory that it alleges would remove state courts of their powers to review state laws governing federal elections.
Indiana teacher joins religious accommodation fight at SCOTUS
Former Brownsburg music teacher John Kluge has joined a chorus of religious freedom advocates in urging the U.S. Supreme Court to use a Title VII employment case to overturn an “egregiously wrong” 45-year precedent that advocates claim prevents employees from obtaining accommodations for their religious practices.
‘Fighting fit’: Trial to show Oath Keepers’ road to Jan. 6
Despite nearly 900 arrests and hundreds of convictions following the Jan. 6 riot, Stewart Rhodes and four Oath Keeper associates are the first to stand trial on the rare and difficult-to-prove charge of seditious conspiracy. Jury selection begins Tuesday.
Senators push to reform police’s cellphone tracking tools
Civil rights lawyers and Democratic senators are pushing for legislation that would limit U.S. law enforcement agencies’ ability to buy cellphone tracking tools to follow people’s whereabouts, including back years in time, and sometimes without a search warrant.
Slain Indiana officer’s fiancée recalls her life at funeral
An eastern Indiana police officer who died last week after being shot in the head during an August traffic stop was remembered by her fiancée Monday during her funeral as an upbeat person who was the love of her life.
Lawmakers eye next budget session with $5B in reserves
Indiana’s revenues continue to outperform projections, bolstering swollen coffers as stakeholders prepare to draft the 2023 budget amid ongoing inflation and economic concerns.
COA affirms for New Hampshire insurer in AES coverage dispute
An Indianapolis electricity company had its appeal zapped Monday by the Court of Appeals of Indiana after being denied a request for declaratory judgment in a coverage dispute against its former insurer.
Opinions Sept. 26, 2022
Court of Appeals of Indiana
Indianapolis Power & Light Company (d/b/a AES Indiana) v. The Home Insurance Co., et al.
22A-PL-1211
Civil plenary. Affirms the order granting The Home Insurance Co.’s motion to dismiss AES Indiana’s request for a declaratory judgment seeking a declaration of its rights and its insurance carrier’s coverage obligation under an excess liability insurance policy. Finds the trial court properly dismissed AES Indiana’s complaint, according full faith and credit to an out-of-state liquidation order pursuant to Indiana Code §§ 27-9-4-3(c) and 27-9-3-12(b).
Mills assumes judicial duties in Crawford County
| IL Staff
Justin Mills, the attorney who won the 2022 Republican primary for Crawford Circuit Court judge, has officially temporarily taken the bench to fill the vacancy created when Sabrina Bell resigned in July following her arrest for domestic battery.
