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Opinions Dec. 8, 2021

The following Indiana Supreme Court opinion was posted Dec. 6:
Paul Michael Wilkes v. Celadon Group, Inc., et al
19S-CT-564
Civil tort. Affirms the Marion Superior Court’s entry of judgment for Celadon and Cummins defendants and against Paul Michael Wilkes. Adopts the 4th Circuit Court of Appeals’ “Savage rule,” which holds that carriers have the primary duty for loading and securing cargo. Applying the Savage rule, finds the trial court was correct in granting summary judgment for the shipper and its agent and against the driver. Justice Christopher Goff concurs in part and dissents in part with separate opinion, joined by Justice Steven David. 

Plaintiffs trying to overturn Lake County JNC tap brakes on court proceeding as judicial selection moves forward

| Marilyn Odendahl and Katie Stancombe

A federal court has granted a request by the plaintiffs challenging the judicial selection process in Lake County to toss their previously filed motion for a preliminary injunction, which sought to stop the local nominating commission from filling the superior court vacancy created by the death of Judge Diane Boswell. Meanwhile, the Lake County Judicial Nominating Commission is preparing for interviews with 12 candidates vying to fill the Lake Superior Court vacancy.

Kosc: Real regulation around artificial intelligence

| Jeff Kosc

Artificial intelligence offers great potential to positively affect virtually all areas of our lives. There is, however, significant potential for abuse and harm resulting from irresponsible use of AI. These warnings have led to a growing body of regulation around AI, which seems likely to increase as this technology develops.

IndyBar: Indianapolis Bar Foundation Recognizes 2021 Fellows

| From IndyBar

The Indianapolis legal community thrives because of the dedication of many esteemed individuals who, using their unique talents, work together to advance justice and lead positive change. Each year the Indianapolis Bar Foundation honors such lawyers for their dedication to the law by bestowing on them the designation of Distinguished Fellow and Distinguished Life Fellow.

IndyBar: The Beatles and a Letter to the IBF

| From IndyBar and Adam Christensen

Not that I’ve had much time for tooling around these days, but I have managed to watch a bit of the Peter Jackson cut of “The Beatles: Get Back” sessions. As you know, dear IndyBar Foundation, The Beatles are without equal for me. I’ve tried to explain the nearly impossible “amaze-balls-ness” of The Beatles to the skeptics/haters/uninitiated (or as much as a Midwestern kid born in 1981 can divine about the real Beatles experience), and this is the best I’ve come up with.

Past due: Personal debt rising, collection expected to grow

| Marilyn Odendahl

A July 2021 report by the Indiana Institute for Working Families found that from 2019 to 2020, debt levels in Indiana increased at a rate of 3.6%, which outpaced the national increase of 3.0%. In dollars, Indiana saw debt levels balloon by roughly $8 billion to $226.5 billion in 2020. This equates to $40,770 in household debt per Hoosier.

Inmates seeking COVID compassionate release face higher hurdle with 7th Circuit ruling

| Katie Stancombe

Since March 2020, attorney Kathryn DiNardo has taken up dozens of cases through the Indiana Federal Community Defenders from inmates hoping to be released early because of the pandemic. Those cases are but a drop in the bucket of inmates who have applied for compassionate release, and a July ruling from the 7th Circuit Court of Appeals has seemingly further dwindled their chances of success.