Indiana Court Decisions – Oct. 22-Nov. 4, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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Maley: Federal practice resources and judge-specific procedures
Indiana’s federal courts, as well as the 7th Circuit Court of Appeals, provide substantial and important practice resources, guidance and forms on their websites. Practitioners should peruse the sites periodically, and in particular with each new case, to see the latest local rules, forms, and practice requirements before the assigned judges.
IndyBar President’s Message: Salute to Our IndyBar Award Winners!
2020 has been (and no doubt will continue to be) like riding a roller coaster in a hurricane. Fortunately, for the IndyBar, we have a committed membership that has responded in amazing ways.
DTCI Award Recipients Named
The DTCI is honored to announce the 2020 outstanding defense lawyers of the year.
DTCI: Risk assessment and hazard analysis: making products defendable
Manufacturers operating in an international market must be prepared to defend their products in any venue. Risk assessment and hazard analysis is a “prepackaged” tool the manufacturer can use in defending product liability lawsuits; it shows how the manufacturer considered and accounted for risk at every stage of the design process.
IndyBar: Take a Photo Tour of IndyBarHQ!
The new IndyBarHQ space is now open to members! Click here to take a tour of our new home by checking out these photos.
IndyBar: Four Tools to Enhance Your Firm’s Social Media Marketing
Marketing is critical to strategic law firm growth. This holds true for solo attorneys and Vault-ranked firms. For those wanting to enhance their social media marketing, consider these four resources.
No charges against IMPD officer in Dreasjon Reed shooting
| Associated Press and IL Staff
A grand jury has declined to indict an Indianapolis police officer who fatally shot a man in May during a foot chase after police said the 21-year-old exchanged gunfire with the officer.
Opinions Nov. 10, 2020
Indiana Court of Appeals
Pines of Greenwood, LLC and Arbor Homes, LLC v. The Village Pines at the Pines of Greenwood Homeowners’ Association, Inc. (mem. dec.)
20A-PL-373
Civil plenary. Affirms and reverses in part the Johnson Superior Court’s determination that The Village Pines at the Pines of Greenwood Homeowners’ Association incurred damages of more than $1 million. Finds dues are owed to the HOA, and the HOA is the party that has been damaged by Pines of Greenwood LLC and Arbor Homes LLC failing to pay assessments on unsold lots. Also finds that the trial court’s order on damages does not make clear how it arrived at the amount due and remands to either clarify how the court arrived at the amount ordered or correct the amount due for unpaid assessments. Finally, reverses the interest award and vacates the award of late fees, and remands for the trial court to recalculate interest and apply an 8% rate starting in November 2011.
7th Circuit affirms consecutive federal, state sentences for South Bend crimes
How should federal judges decide whether sentences in federal prosecutions should run consecutively to or concurrently with sentences in unrelated state prosecutions? The 7th Circuit Court of Appeals tackled that question in a Monday decision, affirming a man’s decades-long sentence for his part in a South Bend kidnapping.
Holcomb selects 3 magistrates for Marion Superior Court vacancies
| IL Staff
Three Marion County magistrates have been appointed to fill vacancies that will open next year on the Marion Superior Court bench, Indiana Gov. Eric Holcomb has announced.
Med-mal plaintiffs reach $66M settlement against northwest Indiana cardiologist
A settlement exceeding $66 million has been announced in favor of more than 260 patients who claimed they were the victims of malpractice at the hands of a northwest Indiana doctor who allegedly performed unnecessary cardiac procedures and device implantations.
Barnes & Thornburg opens new office in South Bend
| IL Staff
Barnes & Thornburg attorneys in South Bend are moving into their new office building in the city’s downtown and celebrating by boosting their community with a food drive for a local food bank.
Indiana woman gets 6½ years for financing terrorism
An Indiana woman who pleaded guilty to providing financial support to the Islamic State group has been sentenced to 6½ years in prison, the Justice Department said Monday.
High court seems likely to leave to health care law in place
The Supreme Court seemed likely Tuesday to leave in place the bulk of the Affordable Care Act, including key protections for pre-existing health conditions and subsidized insurance premiums that affect tens of millions of Americans.
AG Barr tells DOJ to probe election fraud claims if they exist
Attorney General William Barr has authorized federal prosecutors across the U.S. to pursue “substantial allegations” of voting irregularities, if they exist, before the 2020 presidential election is certified, despite no evidence of widespread fraud.
Biden defends health care law as high court mulls its fate
| Associated Press and IL Staff
President-elect Joe Biden is championing the Obama administration’s signature health law as it goes before the Supreme Court in a case that could overturn it.
Pfizer says COVID-19 vaccine is looking 90% effective
Pfizer Inc. said Monday that its COVID-19 vaccine may be a remarkable 90% effective, based on early and incomplete test results that nevertheless brought a big burst of optimism to a world desperate for the means to finally bring the catastrophic outbreak under control.
US allows emergency use of Lilly COVID-19 antibody drug
The Food and Drug Administration on Monday cleared emergency use of an experimental drug from Eli Lilly for people 12 and older with mild or moderate COVID-19 not requiring hospitalization.
Trump faces calls to work with Biden team on transition
President Donald Trump is facing pressure to cooperate with President-elect Joe Biden’s team to ensure a smooth transfer of power when the new administration takes office in January.