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LEADERSHIP IN LAW 2021: Michael Morris

November 10, 2021

Michael Morris Woodard Emhardt Henry Reeves & Wagner LLP Indiana University Maurer School of Law, 2011 Why did you decide to enter the legal profession? Becoming a patent attorney was the perfect marriage between my interests in engineering, science and the law. I had long-planned on becoming an engineer, and while pursuing that path my […]

11/17 – Vocational Experts: Their Background, Qualifications & Role in Social Security Disability Hearings (hybrid-Fort Wayne)

Speakers: • Marie Barhydt, MSW • Nathaniel O. Hubley, Theisen & Associates, LLC Date: Wednesday, November 17, 2021 Time (local time): noon – 1:00 pm 11:45 am – in-person lunch and registration Credit hours: 1.0 CLE Cost: $50 ACBA Social Security section member $55 ACBA member $85 non-ACBA member Click here to register. Location: In-person: […]

Opinions Nov. 9, 2021

November 9, 2021

Indiana Court of Appeals
Financial Center First Credit Union v. Miguel Rivera
21A-CC-845
Civil collection. Affirms the Marion Superior Court’s denial of Financial Center First Credit Union’s motion to compel arbitration and to stay proceedings. Finds the credit union introduced ambiguity on appeal as to whether it sought to compel arbitration of just Miguel Rivera’s underlying individual claim or of the amended counterclaim as a whole, including the class action allegations. Also finds the credit union cannot arbitrate Rivera’s individual claim because it had already answered the claim and then filed for summary judgment. Finally, finds the credit union cannot arbitrate Rivera’s class action claim because the plain language of the contract states class action claims cannot be arbitrated.

Southern District celebrates, reflects diversity through 100 Dolls of Color campaign

November 9, 2021 | Katie Stancombe

The U.S. District Court for the Southern District of Indiana is wrapping up a toy and book drive focused on collecting 100 dolls of color and children’s books that celebrate the beauty of diversity.

Judicial applications available to fill Lake Co. vacancy left by late Judge Boswell

November 9, 2021 | IL Staff

The Lake County Judicial Nominating Commission is beginning the process of selecting a new Lake Superior Court judge to fill the vacancy left by the late Judge Diane Ross Boswell.

Reversal granted for woman in estate heirship dispute

November 9, 2021 | Katie Stancombe

The Court of Appeals of Indiana on Tuesday reversed a decision finding that a woman is not an heir to her grandfather’s estate and should not inherit from him because she failed to provide sufficient evidence to prove her paternity.

COA: Credit union’s arbitration request too late

November 9, 2021 | Marilyn Odendahl

Describing a financial institution’s appeal as “introducing an ambiguity,” the Court of Appeals of Indiana clearly saw the attempt to make a customer arbitrate a dispute as being both too late and barred by the contract language.

Indiana Southern District amends local rules

November 9, 2021 | IL Staff

The U.S. District Court for the Southern District of Indiana has announced amendments concerning registration and providing account updates on PACER, among other changes.

IU Health sues Methodist Sports Medicine, claiming trademark infringement

November 9, 2021 | John Russell, Indianapolis Business Journal

IU Health has filed a lawsuit in U.S. District Court in Indianapolis, claiming trademark infringement and unfair competition. It is asking a judge to order Methodist Sports Medicine to change its name.

Vigo Co. Schools sued over transgender restroom access

November 9, 2021 | Associated Press

A federal lawsuit filed Monday claims a western Indiana school district has been illegally denying two transgender high school students the use of school restrooms and locker rooms associated with their gender identity.

High court struggles with government secrets case

November 9, 2021 | Associated Press

The Supreme Court struggled Monday with whether to allow a lawsuit by Muslim men claiming religious bias by the FBI to go forward despite the government’s objection that doing so could reveal national security secrets.

US charges 2 suspected major ransomware operators

November 9, 2021 | Associated Press

A suspected Ukrainian hacker has been arrested and charged in the United States in connection with a string of costly ransomware attacks, including one that snarled businesses around the globe on the Fourth of July weekend, U.S. officials said Monday.

Lanane won’t seek reelection for Senate in 2022

November 8, 2021 | IL Staff

Sen. Tim Lanane, D–Anderson, announced Monday he will not be seeking re-election to the Indiana Senate after 24 years of service.

Opinions Nov. 8, 2021

November 8, 2021

Court of Appeals of Indiana
James Lewis Washington v. State of Indiana
21A-PC-385
Post-conviction relief. Reverses James Lewis Washington’s conviction for murder and robbery. Finds the post-conviction court erred when it concluded that Washington was not prejudiced by his trial counsel’s deficient performance. Vacates Washington’s convictions and remands for a new trial on the state’s charges.

New members appointed to JLAP committee

November 8, 2021 | IL Staff

Monroe Circuit Judge Mary Ellen Diekhoff and attorney Katherine Tapp of Kightlinger & Gray are the newest appointments to the Indiana Judges and Lawyers Assistance Program committee. They will begin their terms Jan. 1, 2022.

COA reverses denied PCR based on counsel’s deficient performance

November 8, 2021 | Katie Stancombe
An appellate panel has reversed and remanded for a new trial for a Clark County man convicted of murder following a fatal drug exchange after finding he received ineffective assistance of counsel.

Clark magistrate appointed as senior judge

November 8, 2021 | IL Staff

Magistrate Judge Kenneth Abbott of the Clark Circuit Court has been appointed a senior judge effective Jan. 1, 2022.

Porter Co. judge receives public admonition for bond modifications

November 8, 2021 | IL Staff

Porter Superior Judge Christopher Buckley received a public admonition Monday for actions related to his service as a town court judge, when he modified several defendants’ bonds without giving them notice or without a motion from the prosecution.

Feltman: Brooks, Johnson headline Leadership in Law awards

November 8, 2021 | IL Staff and Nate Feltman

The Indiana Lawyer, a biweekly statewide legal publication published by IBJ Media, will hold its annual Leadership in Law awards event Tuesday morning, where  37 attorneys and legal professionals will be honored.

Jury convicts Indianapolis police officer who struck student

November 8, 2021 | Associated Press

A jury has found an Indianapolis police officer guilty of official misconduct and perjury in connection with an incident in which a student was punched after officers broke up a fight inside a high school.

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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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