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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.

Divided 7th Circuit reverses order to remove sex offender names for ‘right to travel’ violation but remands equal-protection claim

August 17, 2021 | Katie Stancombe

A split en banc 7th Circuit Court of Appeals has reversed a decision from an original three-judge panel that ordered the removal of six names from the Indiana sex offender registry, finding that the state’s sex offender registration law doesn’t discriminate based on residency. However, the case was remanded for further consideration of an equal-protection claim.

COA says state can halt enhanced unemployment benefits

August 17, 2021 | Marilyn Odendahl

A decision issued Tuesday by the Indiana Court of Appeals is allowing the state to again stop the federally enhanced unemployment benefits which Gov. Eric Holcomb had tried to end in June, saying the extra money was hurting the Hoosier economy by encouraging workers to stay out of the job market.

Governor backing schools on mask mandates

August 17, 2021 | Associated Press

Indiana Gov. Eric Holcomb gave his support Monday to the growing number of school districts across the state issuing mask mandates for students and staff as they try to head off more COVID-19 outbreaks.

S.C. woman charged as 3 Indiana teens die in wrong-way wreck

August 17, 2021 | Associated Press

Three Indiana teens were killed in a crash Monday on a South Carolina interstate by a woman driving the wrong way.

Federal court set to rule on eviction moratorium this week

August 17, 2021 | Associated Press

A three-judge panel with the U.S. Court of Appeals for the District of Columbia is expected to rule this week on whether a moratorium against evictions imposed by the Centers for Disease Control and Prevention will stand.

COA upholds Portland man’s conviction in scalding of boy

August 17, 2021 | Associated Press

Indiana’s appeals court has upheld a man’s conviction for causing serious burns to a 5-year-old boy by forcing the child’s hands into scalding water.

Governor’s lawsuit in holding pattern at Indiana Supreme Court

August 16, 2021 | Marilyn Odendahl

The governor’s lawsuit challenging the Legislature’s ability to call itself into session remains in a holding pattern while the Indiana Supreme Court addresses what one legal scholar calls the red herrings thrown into the case by the Indiana Attorney General.

Marion County Courts reinstate mask, social distancing requirements

August 16, 2021 | IL Staff

The Marion County Circuit and Superior Courts have announced they will again require visitors and employees to wear face masks in local courthouses beginning Tuesday due to the rising number of COVID-19 cases in the county, regardless of vaccination status.

Juvenile Justice Reform Task Force launched

August 16, 2021 | IL Staff

A new taskforce designed to analyze Indiana’s youth justice system and pinpoint places for comprehensive juvenile justice reform was launched Monday by the Commission on Improving the Status of Children in Indiana.

Robing ceremony set for Judge Leanna Weissmann

August 16, 2021 | Katie Stancombe

A ceremony celebrating the addition of Judge Leanna Weissmann to the Indiana Court of Appeals will take place next week.

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In This Issue

  • Training aims to boost ranks of sexual assault nurse examiners

  • Barnes & Thornburg LLP’s expanded finance, government team gives firm more breadth

  • The Indiana Lawyer names 2026 Leadership in Law class

Most Read
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  • Ex-Ball State employee settles with university president over First Amendment case

  • RICO suit vs. Lilly could reap billions if successful

  • Judge spares Baer death penalty, resentences killer to life in prison

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