High court sympathetic to college athletes in NCAA dispute
The United States Supreme Court on Wednesday seemed ready to give college athletes a win in a dispute with Indianapolis-based NCAA over rules limiting their education-related compensation.
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Opinions March 31, 2021
Indiana Court of Appeals
The Lincoln National Life Insurance Company v. Beverly M. Kennedy
20A-PL-837
Civil plenary. Affirms in part, reverses in part and enters full summary judgment in favor of Lincoln National on its complaint for declaratory judgment pertaining to a group long-term disability benefits policy. Concludes that Lincoln National was entitled to full summary judgment as a matter of law based on the policy’s provisions, and therefore, reverses the Washington Circuit Court’s grant of partial summary judgment to Kennedy. Concludes that the trial court did not abuse its discretion when it ordered that Lincoln National was entitled to reimbursement of overpaid benefits, subject to interest.
Boost Mobile kiosk vendor booted from grocer boosted on appeal
An appellate panel has reversed for a cellphone kiosk owner subleasing space in an East Chicago supermarket after finding a Lake County judge erred in granting a motion for immediate possession by a new sublessor.
COA: Unemployment dispute fails to clear good cause hurdle
A car salesman who claimed his employer failed to pay him what he had been promised could not get the Indiana Court of Appeals to buy his argument that he qualified for unemployment benefits because he had good cause to quit his job.
Proposed parenting time revisions open for comments
| IL Staff
The Domestic Relations Committee of the Indiana Judicial Conference is seeking feedback on proposed changes to Indiana’s Parenting Time Guidelines, including new guidelines on the concept of “shared parenting.”
Indiana Supreme Court official Dolan honored by national organization
| IL Staff
Indiana Supreme Court spokeswoman Kathryn Dolan has been selected to receive the National Center for State Courts’ Distinguished Service Award.
SCOTUS to hear bid for new defense of Kentucky abortion law
The Supreme Court on Monday agreed to hear an appeal from Kentucky’s attorney general, who wants to be allowed to defend a restriction on abortion rights that lower courts had struck down and which the governor has chosen not to defend.
Court lets woman’s defamation suit vs. Trump proceed again
Former President Donald Trump could face questioning under oath about a former reality TV show contestant’s sexual assault allegations against him after a ruling from New York’s highest court Tuesday.
Sentence in molestation case remanded to include credit time
A man sentenced to serve 25 years in prison on a child molesting conviction has successfully challenged his sentencing judgment that lacked the more than two years of credit time for the period he was behind bars awaiting sentencing.
Appeals court rules for insurer in long-term disability policy dispute
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
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
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
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
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
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
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
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
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
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
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.