Kirsch preparing for COA retirement
Indiana Court of Appeals Judge James Kirsch will soon have to put all of his accolades into boxes, as Kirsch is preparing to vacate his position on the appellate bench — a role he’s held for more than 25 years.
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IndyBar: Help Us Honor Excellence: Nominations Now Open for IndyBar Recognition and Professionalism Awards
The Indianapolis legal community is fortunate to be home to many talented, dedicated professionals, and we need your help in identifying our colleagues who went above and beyond this past year! Honorees will be recognized at the 2021 IBF and IndyBar Recognition Breakfast on November 3.
Molter joins COA after years of appellate practice
While Derek Molter and his forebearers have accomplished much over the last century, he will now further his family’s legacy in law by joining the Indiana Court of Appeals as its newest judge.
Concerns rise over natural gas turbines, underwater pipeline
CenterPoint Energy, formerly known as Vectren, has submitted a request to build two natural gas turbines in place of its coal-burning generators at the southern Indiana A.B. Brown Power Plant. But residents and environmental groups are opposing the project.
Pashos: Indiana’s 21st Century Energy Task Force continues its work
Indiana’s second 21st Century Energy Task Force began its work last month at the state Capitol. The first task force was created by the General Assembly in 2019 to explore how fuel transitions and emerging technologies may affect the state’s electric system, with particular emphasis on reliability and affordability.
Hot Topics in Employment Law 2021
Presented in Partnership with ♦ Moderator: Mark Waterfill, Attorney at Law ♦ Presenters: ♦ Investigating Workplace Claims Cathy Duclos, Duclos Legal Retaliation Stephanie Jane Hahn, Attorney at Law Vaccines and Other COVID Related Issues Craig Wiley, Jackson Lewis Race Discrimination Under Title VII and Section 1981 Aaron Williamson, Williamson Civil Law ♦ No refund will […]
Opinions Aug. 31, 2021
Indiana Supreme Court
Teresa Blackford v. Welborn Clinic
21S-CT-85
Civil tort. Affirms the grant of summary judgment to the Welborn Clinic and the denial of Teresa Blackford’s motion for partial summary judgment. Finds the Indiana Business Trust Act’s limitation period is a statute of repose, so fraudulent concealment may not extend the time in which to file a claim. Also finds that even if the limitation period were subject to tolling, a tortfeasor’s constructive fraud precludes equitable relief. Finally, finds Blackford’s claim was untimely.
Justices uphold distinction between active, passive fraud, find in favor of clinic after missed diagnosis
The Indiana Supreme Court has reinstated judgment in favor of a now-defunct clinic that missed a woman’s hepatitis C diagnosis, finding that the patient’s medical malpractice claim was untimely.
7th Circuit: Exclusion of cross-examination of DNA evidence didn’t contribute to verdict in shooting case
The exclusion of cross-examination of DNA evidence did not contribute to the verdict handed to a Fort Wayne man for shooting at his ex-girlfriend and her children, the 7th Circuit Court of Appeals affirmed Tuesday.
Justices invite amicus curiae briefing in Lake Co. probation officers legal expense dispute
| IL Staff
A debate over whether Lake County is responsible for paying legal expenses incurred by two probation officers in a federal lawsuit is pending on transfer before the Indiana Supreme Court, which has invited amicus curiae briefing in the case.
Former general counsel sues Indiana state treasurer for illegal contracting, names Indy law firm as defendant
The former chief deputy and general counsel in the Office of the Indiana Treasurer has filed a whistleblower lawsuit against state Treasurer Kelly Mitchell and other individuals and private entities, including Ice Mille LLP, alleging more than $6 million in state contracts have been illegally steered to her campaign donors.
COA reverses informal adjustment order
A trial court was without statutory authority when it ordered a father to participate in an informal adjustment without his consent, the Indiana Court of Appeals has ruled.
20 states including IN sue over Biden admin school, work LGBT protections
| Associated Press and IL Staff
Attorneys general from 20 states including Indiana sued President Joe Biden’s administration Monday seeking to halt directives that extend federal sex discrimination protections to LGBTQ people, ranging from transgender girls participating in school sports to the use of school and workplace bathrooms that align with a person’s gender identity.
Clinics ask high court to block Texas 6-week abortion ban
Abortion providers in Texas are asking the Supreme Court to prevent enforcement of a state law that would allow private citizens to sue anyone for helping a woman get an abortion after about six weeks of pregnancy.
Last troops exit Afghanistan, ending America’s longest war
The United States has completed its withdrawal from Afghanistan, ending America’s longest war and closing a chapter in military history likely to be remembered for colossal failures, unfulfilled promises and a frantic final exit that cost the lives of more than 180 Afghans and 13 U.S. service members, some barely older than the war.
IL parent company IBJ Media acquires Inside INdiana Business television, website
IBJ Media, publisher of the Indianapolis Business Journal and The Indiana Lawyer, announced Tuesday that it has acquired Grow INdiana Media Ventures LLC and its Inside INdiana Business brand, which includes television, radio and digital products.
Plymouth lawyer agrees he violated professional conduct rules
| IL Staff
A Plymouth attorney has agreed with the Indiana Supreme Court Disciplinary Commission he violated Indiana Professional Conduct Rules while representing a client during a divorce case.
Opinions Aug. 30, 2021
7th Circuit Court of Appeals
Chad E. Mathis v. Metropolitan Life Insurance Company, a.k.a. METLIFE, et al.,
20-2719
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Affirms the Indiana Southern District Court’s dismissal of Dr. Chad Mathis’ negligent-procurement claim with prejudice and the grant of summary judgment to Metropolitan Life Insurance Company, MetLife, on most his breach-of-contract claim. Finds the district judge committed no error in disposing of Mathis’s claims.
COA: Insurer has duty to defend bars and owners following vehicle accident
Illinois Casualty Company will have to pick up the tab for a pair of Kokomo watering holes after the Indiana Court of Appeals found the insurer has a duty to defend the bars and the owners in a lawsuit arising from a traffic accident caused by one of their customers.
Oakland City attorney suspended for noncooperation
| IL Staff
The Indiana Supreme Court has suspended Oakland City attorney Darlene C. Robinson for failing to cooperate in a disciplinary investigation against her.