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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.
A federal judge on Tuesday blocked President Joe Biden’s administration from enforcing a COVID-19 vaccine mandate for employees of federal contractors, the latest in a string of victories for Republican-led states pushing back against Biden’s pandemic policies.
A contractor’s counterclaims against a group of property owners will not move forward after the Court of Appeals of Indiana determined a trial court didn’t err when it granted partial summary judgment to the owners because the contractor tendered fraudulent documents.
In a case of first impression, a split Indiana Supreme Court adopted the Savage rule in finding that Celadon Group was not liable for injuries a truck driver sustained when he opened the doors of a trailer and a load of “used, oily trays” fell on him.
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.
Despite a motions panel allowing a belated appeal in an employment dispute, a different panel of the Court of Appeals of Indiana dismissed the appeal as forfeited, finding no “extraordinarily compelling” reasons to restore it.
With Indiana’s COVID-19 hospitalizations doubling in the past month, Republican Gov. Eric Holcomb expressed frustration Tuesday at the “absurd” reasons some cite for refusing vaccinations, although he isn’t offering any new state actions to combat the spread of the virus.
Merrick Garland finally made his Supreme Court debut on Tuesday. Not in a justice’s black robe, but wearing the striped pants and jacket with tails reserved for government lawyers appearing before the court.
The Supreme Court is hearing arguments in a challenge from parents in Maine who want to use a state tuition program to send their children to religious schools.
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.
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.
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.
As of Nov. 24, the Indiana Roll of Attorneys listed just eight pro bono publico attorneys active in the state. While the number of applications has been low so far, Indiana Office of Admissions & Continuing Education Executive Director Bradley Skolnik said he believes the rule change is still making a difference.
Indianapolis defense attorney Robert Hammerle gives his take on “Ghostbusters: Afterlife” and “The Beatles: Get Back.”
Here’s how to set up Apple Focus modes that can help avoid that situation.
For one young Indiana attorney, this holiday season is met with more gratitude and thanksgiving than in years past. It will mark year two of victory over a hard-fought battle with addiction.
While the SolarWinds hack is, at least for now, arguably the most significant known data breach, it can serve as a lesson for other companies that may experience less dire incidents.
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.
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.
