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DTCI: Constitutional Law and Private Health Care Providers

February 3, 2021 | From DTCI

When the typical claim in health care against a private health care provider alleges medical malpractice, why would the provider be concerned about the constitutional rights of the patient and the patient’s family? Section 1983 claims provide a Constitution-based vehicle for patients and/or their families to bring claims alleging violations of constitutional rights.

IndyBar: Weekly Bill Watch Reports Keep up with Legislation that Matters to You

February 3, 2021 | From IndyBar

With the help of Faegre Drinker Biddle & Reath LLP, the IndyBar Legislative Committee (chaired by Mindy Westrick of the Indiana Energy Association) provides weekly Bill Watch reports throughout the session, which highlight progress and recent actions taken on bills being monitored by the association.

IndyBar: Save the Date for the 2021 IndyBar Bench Bar Conference!

February 3, 2021 | From IndyBar

Plan to join us this year for the return of the beloved IndyBar Bench Bar Conference! After a hiatus in 2020, Bench Bar is returning to Louisville this summer from June 17-19 and it’ll be your chance to relax and get away for the wee

IndyBar: I’ve Got Your (Feed)Back: Giving and Getting Feedback in Mediation

February 3, 2021 | From IndyBar

Recently, I participated in a mediation. The case did not settle. Later that evening, I received an email from the mediator, giving me some feedback as to the what the mediator thought were the stumbling blocks in the case that day and some ideas as to what resolutions may still be salvageable. I rarely receive post-mediation emails from a mediator. But I really appreciated the feedback. It was challenging yet motivating.

IndyBar: Make a Connection: Participate in the Women and the Law Division Mentoring Program!

February 3, 2021 | From IndyBar

Female mentorship in the workplace is important now more than ever, and the IndyBar Women and the Law Division (WLD) is looking to help you find your perfect match!

IndyBar: Pretty Paper: Modern Lawyers Can Still Use Pen and Paper

February 3, 2021 | From IndyBar

If going full electric makes you uncomfortable, there is a middle ground. Apps like Livescribe allow you to use smart pens and smart paper to capture traditional and nontraditional electronic notes via the traditional mechanism you still love. Yes, it’s a real ink pen. Yes, it’s real paper. Sorry, fountain pens are unavailable.

DTCI: 2020 DTCI Award Recipients

February 3, 2021 | From DTCI

See who was named DTCI Defense Lawyer of the Year, Outstanding Young Lawyer and Diplomat of the Indiana Defense Trial Counsel for 2020.

Bill to alter Lake, St. Joseph judicial selection rankles local bench, bar

February 2, 2021 | Olivia Covington

Legal professionals in Lake and St. Joseph counties are raising serious concerns about advancing legislation that would change the structure of the local judicial nominating commissions that shape the state trial court judiciary in the northern Indiana counties.

Senate confirms Pete Buttigieg as transportation secretary

February 2, 2021 | Associated Press

Former South Bend Mayor Pete Buttigieg won Senate approval Tuesday as transportation secretary, the first openly gay person to be confirmed to a Cabinet post. He’ll be tasked with advancing President Joe Biden’s ambitious agenda of rebuilding the nation’s infrastructure and fighting climate change.

Tragesser named managing partner of Quarles & Brady Indianapolis

February 2, 2021 | IL Staff

Quarles & Brady LLP has announced that Joel Tragesser has become managing partner of the firm’s Indianapolis office, effective Monday. He succeeds Lucy Dollens, who has led the office since 2017.

Indiana Senate approves bill to deregulate wetlands

February 2, 2021 | Lindsey Erdody, Indianapolis Business Journal

The Indiana Senate has passed controversial legislation that would repeal state oversight of wetlands. Some lawmakers in both parties, however, said the law goes too far and would interfere with regulatory or judicial review of multiple pending cases.

Judicial Conference seeking comment on proposed rule amendments

February 2, 2021 | IL Staff

The Indiana Judicial Conference is seeking feedback on proposed changes to rules governing specialty courts.

After rift between partners, court asked to dissolve George & Farinas

February 2, 2021 | Marilyn Odendahl

Claiming she and her law partner can no longer continue working together, Indianapolis attorney Kathleen Farinas is asking the Marion County Commercial Court to dissolve George & Farinas LLP, appoint a receiver and enter damages against Linda George.

Justices in tug-of-war over judge in suit accusing ex-lawyer of estate theft

February 2, 2021 | Dave Stafford

Nearly eight months after the Indiana Supreme Court accepted the resignation of a one-time northern Indiana judge and former lawyer accused of stealing hundreds of thousands of dollars from a widow client’s estate, justices now are being asked to remove the judge hearing a related civil lawsuit.

Ownership fight could leave new Gary casino empty

February 2, 2021 | Associated Press and IL Staff

The legal fight over ownership of a new $300 million casino in northwestern Indiana could leave it sitting unused for possibly months after construction work is completed.

Senate set to confirm Buttigieg for transportation secretary

February 2, 2021 | Associated Press

The Senate is poised to approve former South Bend Mayor Pete Buttigieg to be transportation secretary, the first openly gay person ever confirmed to a Cabinet post, tasked with advancing President Joe Biden’s wide-ranging agenda of rebuilding the nation’s infrastructure and fighting climate change.

Biden asks high court to put off wall, asylum cases

February 2, 2021 | Associated Press

The Biden administration has asked the United States Supreme Court to put off arguments over two controversial Trump administration policies that have been challenged in court now that President Joe Biden has taken steps to unwind them.

Indiana House approves COVID-19 liability protection bill

February 2, 2021 | Lindsey Erdody, Indianapolis Business Journal

The Indiana House has approved legislation that would protect businesses from COVID-19-related lawsuits. The measure slightly differs from a liability protection measure passed last week by the state Senate.

Indiana lawmakers discuss doubling cigarette tax rate

February 1, 2021 | Lindsey Erdody, Indianapolis Business Journal

Indiana lawmakers are considering doubling the state’s cigarette tax and imposing a tax on e-cigarettes. If passed, the new $1 per pack tax would be the first increase since 2007 and the measure would also raise taxes on vaping products.

Opinions Feb. 1, 2021

February 1, 2021

Indiana Court of Appeals
Lorenzo Carlos Pfeifer v. State of Indiana
20A-CR-00417
Criminal. Affirms Lorenzo C. Pfeifer’s conviction of two counts of murder. Finds Pfeifer’s rights of confrontation under the Sixth Amendment to the Constitution of the United States and Article 1, Section 13 of the Constitution of Indiana were not violated when the St. Joseph Circuit Court admitted certain deposition testimony into evidence. Finds sufficient evidence to support the conviction.

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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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