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Court issues wide-ranging abortion ruling; Indiana to appeal after state, abortion providers take home wins, losses

August 18, 2021 | IL Staff and Associated Press

The state of Indiana has filed its notice of appeal following an expansive decision striking down portions of the state’s abortion regulation code and upholding other portions.

IndyBar: Nominations Open for IndyBar Professionalism Awards

August 18, 2021 | From IndyBar

Professionalism—it’s a trait that sets apart one stellar attorney or judge from another. Now is your chance to honor this invaluable quality in your Indy colleagues!

IndyBar: Indianapolis Bar Foundation Supporters Came Together to Watch “Black Widow” for a Cause

August 18, 2021 | From IndyBar

We had a blast at the Tibbs Drive-In watching “Black Widow” to support the Indianapolis Bar Foundation! All ticket sales and proceeds support the public initiatives of the IndyBar Foundation.

Employment lawyers see host of concerns from hospitality industry staff post-pandemic

August 18, 2021 | Katie Stancombe

Past the midway mark in 2021, restaurants and bars across the country are still reportedly struggling to find workers. As a result, Hoosier employment attorneys say they’ve seen a trend of staffing shortages exacerbated by the pandemic forcing cooks, servers and hostesses to work significantly more hours.

Molter continues family legal legacy on Court of Appeals

August 18, 2021 | Katie Stancombe

Private practitioner Derek Molter has been chosen as the newest Indiana Court of Appeals judge. Indiana’s governor selected Molter, a partner at Ice Miller LLP and a leader of the firm’s appellate practice, to succeed Judge James Kirsch,  who is retiring  from the 15-member Indiana Court of Appeals in September.

Applegate: Older Hoosiers should pause before downsizing

August 18, 2021 | Carol Applegate

The hot housing market has a lot of senior citizens thinking this may be the time to move to a smaller home, a condominium or to a 55-and-over community. But there are many factors that should be taken into account before, during and after downsizing.

Macchia: Are noncompetes standing on shaky ground?

August 18, 2021 | Melissa Macchia

Over the last 18 months we have seen drastic changes in this country’s employment laws as a result of the pandemic, including new and updated laws and regulations related to sick leave, unemployment compensation and employee safety requirements. One change that has been mostly overshadowed by the ever-evolving nature of the pandemic, and its impact on the employment area, is a shift in the use and the enforceability of noncompetition agreements.

Pettygrove: Challenges with critical race theory in workplace training

August 18, 2021 | Joseph Pettygrove

Recent media reports have reflected an increasing trend of employers providing some form of critical race theory training in the workplace. CRT-focused trainings raise legal and practical issues in the employment context.

Public hearings show voter frustration, concern over redistricting

August 18, 2021 | Marilyn Odendahl

During statewide hearings on this year’s redistricting process, Hoosiers consistently asked legislators to keep the process transparent and draw competitive districts rather than favoring one political party over another. Some included a warning that continuing to gerrymander would endanger the country’s democracy.

Kilies and Simonton: Military leave and employee rights to reemployment

August 18, 2021 | Janelle Kilies and Anthony Simonton

The Uniform Services Employment and Reemployment Rights Act provides various protections to service members; most notably, the act requires employers to reemploy employees returning from military service. It is important to understand the basic requirements of the act, as failure to comply with them could expose an employer to claims for lost wages, lost benefits and attorney fees.

NLRB decision creates union decertification limbo

August 18, 2021 | Marilyn Odendahl

A handful of laborers in northwest Indiana who want to oust their union are instead having to cool their heels because, their attorney says, the National Labor Relations Board is not following the new rule it finalized last year specifically meant to prevent delays in votes on union representation.

Boshkoff: Preliminary and postliminary activities under the FLSA

August 18, 2021 | Ellen Boshkoff

In March, the 7th Circuit ruled that members of the Chicago Police Department’s Special Weapons and Tactics Unit were not entitled to minimum wage or overtime compensation for off-duty time they spent storing their rifles and gear in their homes. The ruling provides clarification of preliminary and postliminary work activities and the “continuous workday rule” under the Fair Labor Standards Act.

Web Exclusive: Indiana Supreme Court proposes rule change to publish public notices online, create website

August 18, 2021 | Katie Stancombe

The Indiana Supreme Court has proposed an amendment to the state trial rules that would allow court-required public notices to go online on a court created-website. The court is describing the proposal as a possible tool to increase court modernization and efficiency, but one media organization is raising some concerns.

Picture-perfect anniversary: Indianapolis Legal Aid Society marks 80 years of representing low-income clients

August 18, 2021 | Marilyn Odendahl

On a sultry August afternoon, attorneys, administrative staff, board members and friends of the Indianapolis Legal Aid Society assembled on the steps of the nonprofit’s building and had their picture taken. The people had gathered to commemorate the 80th anniversary of ILAS.

Finding solid ground: Young lawyer well-being suffers after 2020

August 18, 2021 | Katie Stancombe

According to Bloomberg Law’s Attorney Workload and Hours report from Q1 of 2021, well-being declined among attorneys, particularly those who have practiced for less than seven years. The study was the second iteration of the Attorney Workload and Hours Survey, which focused on lawyers’ experiences with job satisfaction and well-being in 2020.

DTCI: The summer best-of caselaw survey

August 18, 2021 | Ian Goodman and From DTCI

Because he saves caselaw blasts, this author consumes lots of articles that survey noteworthy caselaw. The readers should sit back and learn about three opinions that have been found noteworthy.

Wife loses appeal of divorce rulings at COA

August 17, 2021 | Jordan Morey

The Indiana Court of Appeals has affirmed the resolution of a lower court, despite an ex-wife’s claims that the trial court made multiple errors, in a divorce case on Tuesday.

Opinions Aug. 17, 2021

August 17, 2021

Indiana Court of Appeals 

Sandra Haggarty v. Thomas M. Haggarty
20A-DC-1877
Domestic relations with children. Affirms the resolution of contested issues in divorce proceedings between Sandra and Thomas Haggarty. Finds the evidence and findings support the Allen Circuit Court’s implementation of the agreement’s requirement for Thomas to maintain a joint checking account for ordinary living expenses. Also finds Sandra was not entitled to prejudgment interest because the court had to use its discretion to determine the contract damages. Finally, finds the trial court did not err when it found Sandra’s releases were unambiguous or when it ordered her to pay Thomas’ attorney fees for litigating her meritless assertion that the releases meant other than what they said. Judge Margret Robb concurs in part and dissents in part with separate opinion.

COVID contact tracing information of nearly 750K Hoosiers improperly accessed

August 17, 2021 | John Russell, Indianapolis Business Journal

An Australian cybersecurity company improperly accessed the data of nearly 750,000 Hoosiers from the state’s COVID-19 online contact tracing survey database, the Indiana Department of Health said Tuesday.

7th Circuit affirms former Goshen factory not posing danger to residents

August 17, 2021 | Jordan Morey

The 7th Circuit Court of Appeals has affirmed a federal judge’s ruling that a former factory in Goshen is not posing any ongoing dangers to the health of residents in the area.

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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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