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Congressman sues Trump, alleging he incited deadly Capitol riot

February 17, 2021 | Associated Press

The House Homeland Security chairman accused Donald Trump in a federal lawsuit Tuesday of inciting the deadly insurrection at the U.S. Capitol and conspiring with his lawyer and extremist groups to try to prevent Congress from certifying the results of the presidential election he lost to Joe Biden.

AG Rokita declined to sign bipartisan letter condemning Capitol attack

February 17, 2021 | Dave Stafford and Lindsey Erdody, Indianapolis Business Journal

Indiana Attorney General Todd Rokita, whose Valentine’s Day social media tweet alluding to a stolen election post briefly drew a Twitter warning, declined weeks earlier to sign a nearly universal statement of attorneys general condemning the Jan. 6 attack on the United States Capitol. Separately, the Republican AG is facing calls for records surrounding his decision to remain employed as an adviser to a private company while also holding statewide elected office.

Congress shifts focus to security failures after impeachment

February 17, 2021 | Associated Press

In the still-shaken and heavily guarded U.S. Capitol, thousands of National Guard troops wander the halls. Glass windows remain broken. Doors swing without handles. And in the grand marble hallways, which amplified the shouts of insurrectionists just over a month ago, there is an uncomfortable silence.

AG Rokita swings back after Twitter slap

February 17, 2021 | Marilyn Odendahl

After Twitter flagged his Valentine’s Day tweet alleging election fraud, Indiana Attorney General Todd Rokita is doubling down, repeating his claims while offering no proof, asserting the tech giant is censoring his freedom of speech and voicing his support for legislation that would give the Statehouse more power in changing the state’s election laws.

Draining protection: Deregulation bill sends conservationists scrambling to save Indiana wetlands

February 17, 2021 | Katie Stancombe

A controversial bill that would do away with state regulation of Indiana’s wetlands is on the fast track to becoming law, throwing environmental agencies and conservation advocates into a frenzy. Farmers and land developers support the legislation, arguing wetland regulations are burdensome.

Taft builds new lobby group with Ice Miller transplants

February 17, 2021 | Marilyn Odendahl

Taft Stettinius & Hollister is making a big push into public affairs and lobbying in both Indianapolis and Washington, D.C., and has nabbed seven attorneys and nonlawyer professionals — including several big names in Indiana politics — from rival Ice Miller to do it.

Web Exclusive: Lozano Bar supports Latino lawyers with personal, professional resources

February 17, 2021 | Olivia Covington

Shared experiences bring people together. That’s particularly true of the members of the Rudy Lozano Bar Association, a northwest Indiana group dedicated to serving Latino legal professionals. Formerly known as the Northwest Indiana Hispanic Bar Association, the group filed articles of incorporation under its new name in February 2020. Its namesake is the late federal Judge Rodolfo “Rudy” Lozano, who died in July 2018.

 

Legislation takes aim at judicial selection

February 17, 2021 | Olivia Covington

A bill in the Legislature would restructure the composition of judicial nominating commissions in Lake and St. Joseph counties. Currently, an even number of attorneys and nonattorney members are appointed by local stakeholders, but the proposal would reduce attorney representation, which has prompted a backlash in the northern Indiana legal communities.

Record-setting fundraiser brings ‘breath of fresh air’

February 17, 2021 | Marilyn Odendahl

When planning for the 2020 holiday campaign started last February, Indianapolis Legal Aid Society had big ideas to host a kickoff party and enlist volunteers to talk to donors face-to-face with the goal of bringing in record contributions. Then the COVID-19 crisis changed everything. Despite the obstacles, the holiday fundraiser not only collected donations but surpassed the original goal of $225,000.

Interrupted coverage: In tangle over insurance terms, businesses’ and nonprofits’ COVID interruption claims being denied

February 17, 2021 | Marilyn Odendahl

Since the COVID-19 public health emergency began in March 2020, businesses and nonprofits nationwide have had business interruption claims denied. The COVID Coverage Litigation Tracker at the University of Pennsylvania Carey Law School reported 1,099 federal lawsuits seeking insurance coverage because of the pandemic had been filed as of Jan. 25. To date, courts have granted insurers’ motions to dismiss in 147 cases and insurers motions for summary judgment in seven lawsuits, according to CCLT. Policyholders have scored a few victories with the courts denying the motions to dismiss in 29 lawsuits and granting the plaintiffs’ motions for summary judgment in five cases.

Unemployment benefits may extend to workers facing unsafe conditions

February 17, 2021 | Katie Stancombe

As workers faced furloughs and layoffs during COVID-19 pandemic, many relied on unemployment checks for their needed source of income. But some also face a dilemma – choosing between returning to work in potentially unsafe conditions posed by the coronavirus or risk losing their job and going without pay. President Joe Biden in a Jan. 22 executive order requested a solution to that quandary.

IndyBar: Students, Apply for Academic and Educational Scholarships by March 1

February 17, 2021 | From IndyBar

Applications are now being accepted from deserving law students for Indianapolis Bar Foundation 2021 scholarships.

Betz: Lawmakers propose ‘radical’ bid to reshape judicial selection

February 17, 2021 | Kevin Betz

By initiating a constitutional amendment based on misinformation, three Indiana Republican state senators, now joined by multiple others, have proposed a radical resolution to eliminate citizen involvement in the retention vote of appellate judges, changing the current selection process that has been in place for 50 years. This proposal also severely decreases judicial independence and increases the political pressure on our state’s appellate judiciary. Indeed, if successful, the proposal would give the legislative branch far greater control over the Indiana state appellate judges and justices. It would also further embed in Indiana’s Constitution more systemic racism.

Indiana Court Decisions – Jan. 28-Feb. 10, 2021

February 17, 2021

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

Plews and Gotwald: Contra proferentem — A bedrock of insurance coverage law

February 17, 2021

For more than 100 years, the principle that if a policy term is ambiguous it is construed against the insurer and in favor of the policyholder and coverage — known as “contra proferentem”—has been a foundation of Indiana’s insurance-coverage jurisprudence. The reasons supporting this rule are still as strong as ever.

Hammerle on… “One Night in Miami,” The Dig”

February 17, 2021 | Robert Hammerle

Movie reviewer Robert Hammerle says “One Night in Miami” is a towering achievement while “The Dig” is a charming gem.

3 things about responding to online criticism as a lawyer

February 17, 2021 | James J. Bell and Stephanie L. Grass

We’ve all scoped a Yelp review, been turned off by a customer’s dismal review and chosen a new restaurant. While restaurant management has the ability to respond to unfavorable online reviews, for a lawyer, it’s not that simple. Here are three things to know about responding to online criticism as a lawyer.

Dreyer: On our oath: ‘Judge, will you swear me in, please?’

February 17, 2021 | David J. Dreyer

Despite serious travails during our history, presidential inaugurations seem to allow for a pause and some national confidence. Noting this recently, it is perhaps well that we set briefly aside our current concerns and allow some reflection to lighten us up and to observe the critical importance of the judicial branch.

IndyBar: Thank You for Your Donations to the Criminal Justice Section Clothing Drive!

February 17, 2021 | From IndyBar

Donations of coats and warm clothes were dropped off to the Marion County Jail on Tuesday, Feb. 9. Your donations came at a good time, as the jail was running low on these supplies. We appreciate the generosity of our members every day, but especially during these tough times!

IndyBar: The Courage to Send an Email

February 17, 2021 | From IndyBar

If you haven’t heard of Brene Brown, you should look up her documentary “Brene Brown: The Call to Courage” for some laughs and solid advice about how to grow into a better version of ourselves by embracing vulnerability.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

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

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • 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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