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It’s been about 5½ years since I joined the staff of Indiana Lawyer, and my job has changed a lot in that relatively short amount of time. Each of those roles has had a different job description, but one duty has stayed constant: Each year, I read through dozens of nominations, then sit on the selection panel to choose our annual Leadership in Law Awards winners.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana is one of just six states that does not require counsel for children in child welfare cases in any situation, according to the National Association of Counsel for Children. Although Indiana Code § 31-32-4-2 does give state court judges the discretion to appoint counsel for children in child welfare cases, stakeholders say the Hoosier State could be forced to implement a direct representation program either through lawsuits filed by national children’s rights organization or federal legislation that Congress is considering.
The American Bar Association recently awarded the Louis M. Brown Select Award to the Indianapolis Bar Association’s Virtual Ask a Lawyer program last week. Winning the award was quite a feat as the other finalists were programs run by state bar associations. This national recognition reveals the special and unique nature of our legal community, which is so willing to help those in need.
Indiana criminal defense attorney Robert Hammerle gives us his take on “Scream,” “The Velvet Queen” and the 2022 Oscar nominations.
A bill proposed in the 2022 Indiana legislative session would have required trial courts to try disputed issues of fact de novo in a judicial review of certain agency actions. Republican Rep. Chris Jeter, R-Fishers, said he authored House Bill 1063 in an attempt to even the playing field between decision-making agencies and Hoosiers, and in response to an Indiana Supreme Court decision.
Midwestern farms are sitting on an untapped resource to meet climate change goals, namely, millions of acres of farmland that have always been farmed to maximize production. Soil and climate scientists are finding that with some production changes, such as planting cover crops during fallow periods to ensure soil is always pulling carbon dioxide out of the atmosphere, farmers can increase soil uptake of carbon in farmland.
It seems people like to complain about Apple Siri’s technology. Most of the time, the complaints seem to be about Siri not recognizing voice commands or accurately converting voice to text. Siri is one of those tools that has a lot of promise. While it has not exactly lived up to the hype, there are some features that are useful. It continues to get better. Here are some thoughts on how you can get more out of Siri and “voice to task” technology.
COVID-19 regulations have found their way into the legal and political spheres. The most recent and highly anticipated legal battle made its way to the Supreme Court, leaving the court to decide how employers should be regulated when it comes to mitigating COVID-19 risks. With the current composition of the Supreme Court, including three new justices, the court ultimately left the regulation to the employers themselves, at least temporarily.
Members of the U.S. House of Representatives and U.S. Senate last month came together in a bipartisan effort to push forward legislation that removes clauses in contracts that require arbitration of sexual assault and harassment claims. H.R. 4445, also known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, essentially puts the ball in the court of individuals who allege sexual misconduct in the workplace or elsewhere, rather than their accused perpetrators.
Over the last few years, one of the most talked about — and confounding — topics in environmental law has been the issue of PFAS contamination (of per- and polyfluoroalkyl substances). A pervasive part of our modern lives, from Teflon to Scotchgard to firefighting foam, PFAS compounds now seem to be both a blessing and a curse.
Recently, the Indiana Attorney General’s Office filed a complaint on behalf of the state of Indiana against Google LLC. State of Indiana v. Google LLC is pending in Marion Superior Court 4 under Cause No. 49D04-2201-PL-002399. In the complaint, the state alleges that Google harvests consumers’ personal data, including location data, when consumers use Google products. Google in turn allegedly uses this data to target advertisements to consumers and evaluate the effectiveness of these advertisements.
In Indiana, a legal battle is already brewing over legislation that would ban transgender female athletes from competing on K-12 girls’ sports teams. Representatives from the American Civil Liberties Union of Indiana have promised to file a lawsuit while Indiana Attorney General Todd Rokita has said his office will defend the bill’s constitutionality.
With the Odyssey Case Management System now operational in all 92 Indiana counties, a new project aimed at better connecting justice partners is underway in Indiana. The new program, dubbed “INjail,” aims to not only make operations more efficient in sharing records — allowing courts and jails to seamlessly communicate with each other — but also to provide vital data to criminal justice stakeholders and lawmakers.
Conceptually, environmental justice is the “fair treatment and meaningful involvement of all people regardless of race, color, national origin or income, with respect to the development, implementation and enforcement of environmental laws, regulations and policies.” The concept of environmental justice is not new, but came to the forefront during the Obama administration in the aftermath of the Flint, Michigan, lead-contaminated drinking water crisis. However, environmental justice never became a coherent strategy and was overshadowed by significant rulemakings around climate change. That has changed in the first year of the Biden administration.
The Indiana Judicial Nominating Commission has selected 10 finalists to advance to the next round of interviews for an upcoming vacancy on the Indiana Supreme Court that will open when Justice Steven David retires.
An appeal of a federal court’s ruling in a dispute with the IRS has a Hoosier attorney facing sanctions after the 7th Circuit Court of Appeals found he “pressed frivolous arguments” and engaged in conduct contrary to professional standards.
The Indiana Senate passed a watered-down version of the House Republicans’ bill to limit employer vaccine mandates, sending it back to the House where its future is cloudy.
Court of Appeals of Indiana
REO Holdings Series 3, LLC v. Angela Trowbridge and Mark Trowbridge, and Elizabeth Klapper and Stephen R. Klapper (mem. dec.)
21A-PL-1165
Civil plenary. Affirms Angela and Mark Trowbridge’s granted motion to dismiss a lawsuit filed by REO Holdings Series 3, LLC alleging breach of contract when the Trowbridges proceeded to attempt to convey their property to Elizabeth and Stephen Klapper when an REO representative failed to appear during closing. Finds that REO failed to allege any grounds in its complaint upon which it could prevail and that the trial court did not err in granting the Trowbidges’ motion to dismiss.