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Biden and Congress mark 1 year since violent insurrection

January 6, 2022 | Associated Press

President Joe Biden on Thursday marked the first anniversary of the U.S. Capitol insurrection, the violent attack that has fundamentally changed Congress and raised global concerns about the future of American democracy.

Former Marion County prosecutor Carl Brizzi dies

January 6, 2022 | Indianapolis Business Journal Staff and IL Staff and Marilyn Odendahl

Former elected prosecutor and one-time congressional candidate Carl Brizzi, who served two terms as Marion County prosecutor and frequently courted controversy during his career as a lawyer and politician, died Wednesday at age 53.

Opinions Jan. 5, 2022

January 5, 2022

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Brenda L. Wilder v. Kilolo Kijakazi, Acting Commissioner of Social Security
21-1607
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms the Northern Indiana District Court’s order upholding the denial of Social Security disability benefits to Brenda Wilder. Finds the administrative law judge did not err in not considering whether Wilder met or equaled Listing 11.17(a), or when it didn’t request the opinion of a medical expert. Also finds the ALJ’s decision was supported by substantial evidence.

Senate advances bill to amend obstruction statute, but keeps lawyers’ exemption

January 5, 2022 | Katie Stancombe

A proposed bill that would have removed lawyers’ exemption against obstruction of justice charges has passed out of an Indiana Senate committee, but the provision regarding lawyers was stripped in an amendment.

Legislators consider measure to repeal turn signal law

January 5, 2022 | Katie Stancombe

A bill that would remove a state law requiring drivers to initiate their turn signals at certain distances before turning or switching lanes has started down the Indiana legislative road.

7th Circuit upholds denial of disability benefits

January 5, 2022 | Jordan Morey

An Indiana woman will not receive Social Security disability benefits after the 7th Circuit Court of Appeals affirmed her ailments don’t limit her from, at a minimum, sedentary work.

Unvaccinated pediatric doc unable to get back to work after Southern Indiana District Court ruling

January 5, 2022 | Marilyn Odendahl

A pediatric critical care physician at Ascension St. Vincent’s Peyton Manning Children’s Hospital in Indianapolis who was scheduled to lose his job Tuesday because he refused to be inoculated against COVID-19 will not be allowed to return to work following the denial of his motion for preliminary injunction against the hospital.

House Republicans unveil $1B tax cut plan; other GOP leaders are more reluctant

January 5, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

Indiana House Republicans unveiled a tax plan to eliminate or lower four separate taxes that would result in $1 billion in tax cuts by 2025.

COVID-19 surge not deterring push to end Indiana emergency

January 5, 2022 | Associated Press

Indiana’s ongoing spike in COVID-19 illnesses isn’t deterring state leaders, who remain determined to bring an end to the official statewide public health emergency.

Governor to pardon Plessy, of ‘separate but equal’ ruling

January 5, 2022 | Associated Press

Louisiana’s governor planned to posthumously pardon Homer Plessy on Wednesday, more than a century after the Black man was arrested in an unsuccessful attempt to overthrow a Jim Crow law creating “whites-only” train cars.

JLAP: The trap of setting New Year’s resolutions

January 5, 2022 | Loretta Oleksy

Depending on whose research you use, between 80% to 92% of New Year’s resolutions fail, and U.S. News & World Report says most lose their resolve by mid-February. JLAP Deputy Director Loretta Oleksy says she doesn’t pretend to have the solution, but if you’re interested in exploring alternatives, she’d love some company along the way.

Makris: Parenting Time Guidelines: ‘Shared parenting’ new in 2022

January 5, 2022 | Nicole Makris

Changes are coming to the Indiana Parenting Time Guidelines (IPTG) beginning Jan. 1. While the Child Support Guidelines must be reviewed every four years pursuant to federal law, the IPTG have no required review period. Thus, the amended guidelines include the most profound changes since the revisions were enacted in 2013.

Lawyers in the Legislature: Fewer attorneys in Statehouse but their expertise still valued

January 5, 2022 | Marilyn Odendahl

As the General Assembly reconvenes, just 21 of the 150 members — or 14% — have a J.D. degree. Comparatively, from 1851 to 1889, when individuals became lawyers by reading the law, 32% of the Legislature was comprised of attorneys, according to “The Centennial History of the Indiana General Assembly, 1816-1978” by Justin E. Walsh.

Soshnick: Marital property in Indiana: What words to trust?

January 5, 2022 | Andrew Z. Soshnick

By Andrew Z. Soshnick The treatment of trust interests as marital property under Indiana law has an underdeveloped and confusing history. The 1973 Indiana Dissolution of Marriage Act and statutory amendments do not directly address the issue of what trust interests are marital property. Likewise, few appellate opinions attempt to clarify when trust interests are […]

COVID-19 religious exemption concerns on shaky ground

January 5, 2022 | Katie Stancombe

Attorneys representing employers and employees alike have seen swells and lulls in incoming calls concerned about COVID-19 vaccination requirements.

Clogged pipelines: Study finds women attorneys still outnumbered in federal appeals

January 5, 2022 | Katie Stancombe

A recent study found men arguing before the 7th Circuit Court of Appeals outnumbered women nearly three to one, which has remained largely unchanged in a decade. While slightly more women argued before the court in 2019 compared to 2009, that change was primarily attributable to the public sector. Women were also found to be more likely to represent and work for the government instead of private entities.

IndyBar: A Post-Presidency Postscript Post From the Desk of Adam D. Christensen

January 5, 2022 | From IndyBar

IndyBar’s Adam Christensen offers thoughts on 2021 and sets some goals for 2022.

Web Exclusive: Meet the judges: Owen County

January 5, 2022 | Katie Stancombe

Get to know Owen Circuit Court I Judge Lori Quillen, the second Hoosier judge to be featured in IL’s new spotlight series.

COVID-fueled conflict: Family law attorneys say pandemic has made clients more angry and emotionally distressed

January 5, 2022 | Marilyn Odendahl

The coronavirus has added a dose of anxiety and emotional distress that is causing an unprecedented level of conflict between spouses and ex-spouses, according to family law attorneys.

Neutral Corner: The mediation process: 30 years later

January 5, 2022 | John R. Van Winkle

Although mediation has been an integral part of the civil justice system for more than 30 years, there was not at its inception, nor is there today, a commonly accepted definition or agreement as to what constitutes the “process” of mediation.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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