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Appeals court rules for insurer in long-term disability policy dispute

March 31, 2021 | Dave Stafford

The Indiana Court of Appeals ruled for an insurer Wednesday in a dispute over long-term disability benefits, finding its policy excluded Social Security benefits and affirming an order that the recipient refund monthly payments, with interest, that the insurance company overpaid.

COA partially reverses injunction in noncompete dispute

March 31, 2021 | Dave Stafford

The Indiana Court of Appeals reversed part of a trial court order restricting a Fort Wayne businessman from competing for web development business with his former employer’s clients he had serviced first as a contractor and later as an executive.

Web Exclusive: Bill aims to bring local criminal justice stakeholders out of ‘silos’ to study reforms

March 31, 2021 | Olivia Covington

House Bill 1068 would allow for the creation of local justice reinvestment advisory councils modeled after the statewide JRAC. The local councils would be tasked with reviewing criminal justice practices on a county or regional level, collecting data and reporting back to JRAC, which would use the data to make policy decisions.

Disappearing act: Jury trials on the decline, but options available to reverse trend

March 31, 2021 | Olivia Covington

It’s no secret jury trials are declining across America, even as they are increasing in other parts of the world. What’s less obvious, though, is why that decline is occurring and how alternate means of resolving cases are impacting perceptions of fairness.

Fighting for love: Immigration attorneys say challenges for unmarried couples rise amid COVID

March 31, 2021 | Katie Stancombe

Immigration attorneys say international couples attempting to reunite during the pandemic are feeling desperate as borders between countries are closed to foreigners and backlogs continue to mount.

Open federal judiciary seats bring calls to focus on the process

March 31, 2021 | Marilyn Odendahl

As he marked the two-month anniversary of his presidency, Joe Biden had not nominated anyone to either the federal bench or a U.S. Attorney’s Office, which distinguished him from his two most recent predecessors. One retired member of Indiana’s judiciary, however, is calling attention to the worrisome problem that beyond open positions, the state has no clearly defined process for identifying qualified Hoosiers to fill the vacancies.

Men, women offer gender equity insights in ABA report

March 31, 2021 | Katie Stancombe

A new report from the American Bar Association’s Commission on Women in the Profession is sparking conversations in the workplace about how male colleagues can become allies in the ongoing journey to reach gender equity in the legal profession.

Settlement requires real estate brokers to disclose commissions

March 31, 2021 | Marilyn Odendahl

The National Association of Realtors is revamping its rules about commissions to comply with a settlement reached with the Department of Justice. The settlement requires brokers to disclose commissions on listings published through the Multiple Listings Service.

Start Page: Digital evidence pilot program clears preflight checklist

March 31, 2021 | Seth Wilson

The Hamilton County courts have been piloting, in select family law cases, a program for the online submission of trial exhibits through a website called CaseLines, part of Thomson Reuters. Attorneys and their teams can log in to a website, upload their digital exhibits for a hearing and the participants have access to those files for the hearing. The website is one place where the exhibits are stored and all participants can access at the hearing.

Young: Commencement message resounds after speaker’s passing

March 31, 2021 | Ahmed Young

May 2011 was a magical time for me, personally and professionally. I completed all course work and passed exams required to participate in the annual commencement at Indiana University Robert H. McKinney School of Law. The words from the speaker a decade ago — and his legacy — reverberate to this day.

Benjamin: My dad helped keep politics out of Lake County judicial selection

March 31, 2021

A half-century ago two Indiana legislators, a Democrat from Gary and a Republican from Kokomo, set forth to improve our courts. The Democrat was my father, Adam Benjamin Jr. The Republican was Elwood “Bud” Hillis. The Lake Superior Court selects judges on merit because of their efforts.

Trimble: COVID shows firms need to engage in succession planning

March 31, 2021 | John Trimble

As the pandemic forced attorneys to work from remote locations, they have seen how well they could do it. They and their spouses have had a glimpse of a different, slower lifestyle, and it has appealed to them. For many, retirement, which was previously just a distant concept, has grown more realistic. At a minimum, a significant number of my lawyer friends have decided to work fewer hours, and they are confident that they are ready to slow down.

Intentional misclassification of construction workers causing concern

March 31, 2021 | Katie Stancombe

Workers on construction sites across Indiana can be found nailing plywall from atop scaffolds, scaling roofs or painting newly built homes. But what isn’t evident is whether those workers are part of a shady trend construction industry experts say is a serious concern — payroll tax fraud.

As in-person trials resume, Marion County courts struggle to get enough jurors to respond to summonses

March 31, 2021 | Olivia Covington

Following a “drastic” move by the Indiana Supreme Court suspending in-person jury trials from mid-December to March 1, courts across Indiana are attempting to resume the hallmark proceedings of the American judicial system. But in Marion County, finding enough jurors to hold those proceedings has proven difficult.

ISBA giving attorneys new option for health insurance

March 31, 2021 | Marilyn Odendahl

The Indiana State Bar Association rolled out a long-awaited health plan that bar association leaders believe will provide an affordable alternative, especially to small- and medium-size firms across the state.

IndyBar: Bench Bar 2021: Reconnect, Refine and Refresh

March 31, 2021 | From IndyBar

After a year apart from our friends, colleagues and mentors, the IndyBar is, as always, on the forefront of creating dynamic new content while adapting to new trends in technology and the law. To that end, we have some exciting news: We will be revamping the IndyBar’s flagship event: the Bench Bar Conference.

Adams and Engel: Planning considerations for IRC Section 1031 exchanges

March 31, 2021

Many commercial real estate owners, even those who previously did not intend to sell, are considering selling their real estate to take advantage of current market conditions. With transactions seemingly becoming quicker each year, it is important for owners to consider many factors when preparing to sell their real estate, including executing an Internal Revenue Code (IRC) Section 1031 exchange.

DTCI: Providing Instructions Under the IPLA

March 31, 2021 | From DTCI

The Indiana Product Liability Act (IPLA) can prove confusing for litigants unfamiliar with its many nuances. While the burden of proving duty, breach, causation, and damages rests with the plaintiff in a civil action, in practice, defense attorneys are often tasked with extricating a defendant that has no duty of care with respect to the specific claims brought against it.

Hammerle On … “Judas and the Black Messiah,” “Crip Camp” and “Sound of Metal”

March 31, 2021 | Robert Hammerle

Movie reviewer Robert Hammerle shares his takes on three Oscar-nominated films: “Judas and the Black Messiah,” “Crip Camp” and “Sound of Metal”.

Indiana Court Decisions – March 11-24, 2021

March 31, 2021

Read Indiana appellate court decisions from the most recent reporting period.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

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

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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