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DTCI: COA allows medical bills in PI suit seeking only damages

April 14, 2021 | Lauren E. Dimmitt and Elizabeth S. Schmitt

In ruling on an issue of first impression, the Indiana Court of Appeals rejected a a plaintiff’s argument that medical bills are never relevant to pain and suffering, noting that common sense suggests that a more serious injury results in higher medical expenses, and vice versa.

IndyBar: Legal Novocaine — How Do Our Clients View a Visit to Their Lawyer?

April 14, 2021 | Jimmie McMillian and From IndyBar

I am writing this message to you fresh from a wonderful trip to my dentist for a “deep cleaning.” If you are not familiar with this joyous process, it involves several injections of Novocaine into your mouth and gums followed by drilling, scraping, picking, chipping and stabbing. The Novocaine definitely helps, but the sound, pricks […]

Schell: American Axle and issues with Section 101 patent eligibility

April 14, 2021

Should SCOTUS fail to take up the matter now or fail to address broader issues and provide a more cogent framework for Section 101 patent eligibility in its determination, I expect the next round of significant news on the subject to be Congress stepping in and acting.

IndyBar: Cleaning Our Own House — EDI Work Begins at Home at the IndyBar

April 14, 2021 | From IndyBar

When racial disparity and inequality came to a head in Summer 2020, it quickly became obvious that the association had a responsibility to respond and to act on the many long-standing contributing structural issues present not only throughout the country but here at home in the Indianapolis community as well.

Security guard charged with murder loses appellate bid for release on bail

April 13, 2021 | Olivia Covington

An Indianapolis security guard who shot and killed a woman in her vehicle must remain in jail until his trial, the Indiana Court of Appeals has ruled, affirming the denial of the guard’s petition for release on bail in a “close case.”

Justices grant transfer to 2 cases, including first impression search warrant question

April 13, 2021 | IL Staff

The Indiana Supreme Court has granted transfer to two cases, including one case presenting an issue of first impression as to whether law enforcement can establish probable cause for a search warrant based only on the smell of marijuana.

Fired Anthem exec loses appeal of verdict for insurer

April 13, 2021 | Olivia Covington

A jury verdict against a fired Anthem, Inc. executive will stand after the Indiana Court of Appeals declined to overturn the denial of the former insurance exec’s requests for a new trial.

Opinions April 13, 2021

April 13, 2021

Indiana Court of Appeals
Randy C. Axelrod, M.D. v. Anthem, Inc. and all of its affiliates, WellPoint, Inc., and Amgen, Inc.
19A-PL-1171
Civil plenary. Affirms the denial of Randy C. Axelrod’s motions for a mistrial or a new trial after a jury returned a verdict in favor of Anthem Inc. and all of its affiliates, WellPoint Inc. and Amgen Inc. Finds the Marion Superior Court did not misapply Indiana Trial Rule 60(B)(3). 

COA upholds 3-year sentence for domestic battery, contempt

April 13, 2021 | Olivia Covington

A man’s three-year sentence for domestic battery and contempt of court was affirmed Tuesday by the Indiana Court of Appeals.

Westfield Council votes to involve itself in legal fight between mayor, clerk-treasurer

April 13, 2021 | Kurt Christian, Indianapolis Business Journal

The Westfield City Council on Monday decided to get more involved in the ongoing and expanding legal fight between the city’s mayor and clerk-treasurer by launching an investigation into the matter.

Indiana to pause using J&J vaccine, switch to Moderna shot at mass vaccination clinic

April 13, 2021 | John Russell, Indianapolis Business Journal

Indiana health officials say they will pause using the single-dose Johnson & Johnson vaccine for COVID-19 at all clinics that use it, following reports of potentially dangerous blood clots, and instead use the two-dose Moderna vaccine.

Defense begins case in ex-cop’s trial over Floyd’s death

April 13, 2021 | Associated Press

Former Officer Derek Chauvin’s lawyer suggested Tuesday that George Floyd may have suffered from “excited delirium” — or what a witness described as a potentially lethal state of agitation and even superhuman strength that can be triggered by drug use, heart disease or mental problems.

Protest after chief says officer meant to use Taser, not gun

April 13, 2021 | Associated Press

Police clashed with protesters for a second night in the Minneapolis suburb where an officer who authorities say apparently intended to fire a Taser, not a handgun, fatally shot a Black man during a traffic stop.

Student fires at officers at Tennessee school, is killed

April 13, 2021 | Associated Press

A student opened fire on officers responding to a report of a possible gunman at a Tennessee high school Monday, and police shot back and killed him, authorities said. The shooting wounded an officer and comes as the community reels from off-campus gun violence that has left three other students dead this year.

Opinions April 12, 2021

April 12, 2021

Indiana Court of Appeals
Jeffrey Archer v. State of Indiana
20A-CR-1677
Criminal. Reverses the grant of the state’s motion to quash Jeffrey Archer’s notice of deposition. Finds the state did not meet its showing of a paramount interest in non-disclosure under the Dillard test, so the Marion Superior Court abused its discretion by quashing the subpoena for L.B.’s deposition. Remands for proceedings.

COA allows second deposition of alleged child molesting victim

April 12, 2021 | Olivia Covington

An alleged child molesting victim must be deposed by her alleged molester’s defense team again, the Indiana Court of Appeals has ruled, finding the defendant is entitled to take a second deposition as he prepares for a second trial.

Bill extending adult guardians’ disposition authority signed into law

April 12, 2021 | IL Staff

Adult guardians will soon be part of the statutory scheme for making decisions about disposition of a deceased ward after Indiana Gov. Eric Holcomb signed a bill extending their authority.

House passes juvenile justice bill on strong bipartisan vote

April 12, 2021 | Marilyn Odendahl

Described as a “model of the nation,” an Indiana juvenile justice reform bill passed the Indiana House of Representatives with Democrats and Republicans all voting in support of the measure.

Holcomb signs bill creating local JRACs for criminal justice reform

April 12, 2021 | IL Staff

A bill to enhance criminal justice reform efforts at the local level is now law in Indiana. Gov. Eric Holcomb on Thursday signed legislation calling for the creation of county or regional justice reinvestment advisory councils.

Indiana lawmakers plan on return for redistricting votes

April 12, 2021 | Associated Press

Indiana lawmakers won’t be done for the year when their regular legislative session ends later this month. Legislative leaders are laying the groundwork for a return by all 150 lawmakers to Indianapolis months from now to approve new congressional and General Assembly districts based on data from last year’s census.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • 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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