Indiana Court Decisions – March 25-April 7, 2021
Read Indiana appellate court decisions from the most recent reporting period.
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Stafford: Crooked Lake, St. Joe judicial bill merits a veto
A parade of attorneys from Lake and St. Joe counties testified against House Bill 1453. Most spoke in disbelief that this was happening without any prior consideration. They explained why they had taken their time and traveled all the way down to Indianapolis, some twice, to tell lawmakers why this is a bad idea and why the current judicial nominating system works. It was enough to give any reasonable person pause. But this is the Indiana Legislature we’re talking about.
Inventing opportunity: IP attorneys see more patent filings during pandemic
The COVID-19 pandemic killed millions worldwide and uprooted livelihoods and industries in the past year. But at least one industry has emerged relatively unscathed, if not stronger. Some Indiana intellectual property attorneys have seen an increase in patent requests and inventions during the pandemic as individuals utilized their creative skills while quarantining.
‘This is huge’: SCOTUS hears college athletes’ pay arguments in landmark NCAA case
As March Madness was wrapping up in Indianapolis, United States Supreme Court justices heard oral argument in a monumental compensation case that sports law experts anticipate will forever change the landscape of college athletics — including the nation’s most beloved and profitable college basketball competition.
Making history: Pratt first African American chief judge of Southern District
New Southern District of Indiana Chief Judge Tanya Walton Pratt Pratt is focused on steps to reopen courthouses to the public as the country hopes to be quelling the COVID-19 virus and advocating in Congress for a new judgeship to help handle the court’s excessive caseload.
Hartz: New procedures on the way from recent (and future?) IP legislation
Amid all the news around the new year, you might have missed that the variety of changes to federal intellectual property laws, the Trademark Modernization Act (TMA) and the Copyright Alternative in Small-Claims Enforcement Act (CASE Act).
IndyBar: Bill Watch Report for April 9 Now Available
Thanks to the help of Faegre Drinker Biddle & Reath LLP, the IndyBar Legislative Committee is currently monitoring various legislation that could impact areas of practice or the practice of law. These reports can be viewed at indybar.org/billwatch.
IndyBar Time Trial — Are You Running a Modern Law Firm?
There’s an excellent upcoming opportunity to learn more about building a virtual law practice, the consumer-centric law firm and many other topics related to modern law practice management at the IndyBar’s virtual conference The Future of Your Law Firm Is Now, coming up on April 29.
Perry and Cahr: Important new laws will have ripple effect for IP owners, practitioners
A final surprise for 2020 emerged from December’s marathon omnibus spending and COVID-19 relief negotiations. Congress included a trio of notable and hotly debated intellectual property measures in its multi-trillion-dollar spending and relief package which could fundamentally alter the manner in which intellectual property owners protect and enforce their rights.
IndyBar Bar Leader Series: A Rich History and a Bright Future
The world has been flipped upside down during the course of a year. One thing that has not changed over the past year: the Indianapolis Bar Association’s commitment to the positive growth and development of early-career lawyers in our community.
Hammerle On … “Raya and the Last Dragon,” “The Father” and “Quo Vadis, Aida?”
Movie reviewer Robert Hammerle shares his views on three new releases — “Raya and the Last Dragon,” “The Father” and “Quo Vadis, Aida?”
Bont: White collar update — Walmart pharmacy defense plays offense
Walmart took issue with the government’s assertion that national pharmacy chains are required to analyze and share prescribing data across its stores and with line pharmacists. After waiting four years for the government to initiate legal proceedings, Walmart took the offensive and filed a declaratory judgment action in the Eastern District of Texas. In essence, Walmart alleged to the court that the government was creating and enforcing laws that did not exist.
DTCI: COA allows medical bills in PI suit seeking only damages
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?
| 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
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
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
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
| 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
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
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).