IndyBar: Contractions in Formal Legal Writing: Is it Casual Friday Yet?
Thee debate in legal writing circles rages: Are contractions acceptable?
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Start Page: Reduce cost of smartphone ownership: Limit interruptions
Over the next few articles, I will share some thoughts on setting your devices up for a “palm practice” (practicing law from the palm of your hand). Most lawyers now have smartphones or devices with us every day. But, with great power comes great responsibility. While these tools are helpful, they can also increase the sense that we should always be working on something.
DTCI: For better or worse, Zoom has changed the practice of law
For lawyers, COVID has forced us out of courtrooms, mediations, conferences and client visits. Videoconferencing software, usually Zoom, has stepped in to fill the void. Zoom is an imperfect substitute with plenty of drawbacks. However, after nearly a year litigating cases via Zoom, it has become an ingrained part of the practice of law. Even after COVID, Zoom is likely here to stay.
IndyBar: The Indiana Legislature is Now in Session
I am extremely proud to inform you that your Indianapolis Bar Association leadership is diligently engaged in the task of carefully evaluating proposed bills and making the thoughtful determination regarding whether to take action to support, oppose or suggest amendments. It has been absolutely inspiring to watch our IndyBar section leadership wholeheartedly embrace this daunting task on behalf of our members and our clients.
IU McKinney professor part of docuseries on 14th Amendment
A new docuseries on the 14th Amendment to the Constitution that debuts Wednesday on Netflix features Indiana University Robert H. McKinney School of Law Professor Gerard Magliocca, who has researched and written about the drafter of the amendment.
Opinions Feb. 16, 2021
Indiana Court of Appeals
20A-CC-1144
Civil collection.
Reverses the Marion Superior Court’s dismissal of the amended complaint and petition for mandate of Muir Woods Section One Association Inc. and Nantucket Bay Homeowners Association Inc. Finds that although the cases “arises under” Indiana tax law, there has been no final determination by the Indiana Board of Tax Review, so administrative remedies have not been exhausted and the Indiana Tax Court does not have jurisdiction. Remands to the trial court for a determination on the homeowners associations’ mandamus action to compel the Marion County treasurer, auditor and assessor to act.
Indiana panels back tighter abortion law, ending gun permits
Indiana legislators advanced two measures Monday that join Republican-led drives across the country to tighten abortion laws and loosen gun restrictions.
Appellate court rules for insurer in coverage dispute
Summary judgment has been upheld for an insurer who denied coverage on the basis of an invalid lease, even though the insurer had partially granted coverage when the claim was originally filed.
Indianapolis man pleads guilty to hate crime at neighbor
An Indianapolis man has pleaded guilty to federal hate crime and weapons charges after threatening a Black neighbor.
COVID-19 lawsuit immunity bill heads to Holcomb
Legislation that aims to protect businesses from COVID-19-related lawsuits is heading to Gov. Eric Holcomb’s desk.
Aggravated battery conviction overturned on double jeopardy grounds
A man who broke into his ex-girlfriend’s home and shot the woman and her daughter will have his aggravated battery conviction and related sentence vacated on double jeopardy grounds. Like others before it, the case raised questions about the application of the Indiana Supreme Court’s new substantive double jeopardy analyses.
Appellate court increases attorney fee award in second appeal of employment dispute
The former employee of a medical device manufacturer has once again prevailed in a years-long employment case, with the Indiana Court of Appeals ordering an increase in the amount of attorney fees the employer must pay its former employee.
HOA tax refund dispute to stay in trial court for now, COA rules
Despite being based in Indiana tax law, a motion to compel Marion County taxing officials to rule on refund requests by two homeowners associations must continue in trial court until a final determination on the refunds is reached.
Snow closes courthouses in Indianapolis, Southern Indiana District
| IL Staff
The U.S. District Court for the Southern District of Indiana is closing all federal courthouses Feb. 16 because of the winter storm dumping heavy snow throughout much of Indiana. Likewise, many state courts also closed, including Marion Superior and Circuit Courts.
LSC seeking $350 million to $500 million in additional funding
| IL Staff
The Legal Services Corporation, which supports legal aid agencies across the country including Indiana Legal Services, is asking the federal government for hundreds of millions in supplemental funding, saying low-income Americans are being hit especially hard by the economic devastation from the pandemic.
Deputy prosecutor to succeed Borges on Marion Superior bench
| IL Staff
A Marion County deputy prosecutor has been named the newest member of the Marion Superior Court bench.
COA affirms denial of birth mother’s consent argument in adoption dispute
A birth mother unsuccessfully argued that her consent was required for her daughter’s aunt and uncle to adopt the child, the Indiana Court of Appeals ruled Monday.
Opinions Feb. 15, 2021
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
20-3245
Petition for a writ of mandamus. Issues a writ of mandamus directing the Southern Indiana District Court to rescind the transfer order of Kevin Hall’s case to the Middle District of Florida after Hall was transferred from a federal prison in Indiana to a federal prison in Florida, thus returning the case to the Southern District of Indiana. Finds that Hall’s case is similar to Ex parte Endo, thus requiring transfer back to Indiana. Also finds that mandamus is the proper vehicle for obtaining review of a transfer decision. Finally, finds that Hall does not have an adequate remedy available through his pending motion under 28 U.S.C. § 2255, and that Hall did not need to show prejudice before pursuing his venue challenge.
COA overturns forfeiture judgment, but splits on allowing owners to use seized cash for defense
Summary judgment for the state has been overturned in an action seeking to forfeit nearly $9,000, with a majority of judges holding that owners of seized property can used seized cash to help fund their defense. A dissenting judge, however, thinks that ruling exceeds statutory limits.
7th Circuit issues writ of mandamus returning Florida inmate’s case to Indiana court
A federal inmate who was transferred from an Indiana prison to a facility in Florida will continue his habeas proceedings in Indiana federal court after the 7th Circuit Court of Appeals issued a writ of mandamus in the inmate’s favor.