Indiana Court Decisions – July 30-Aug. 12, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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DTCI: Blaiklock and Lee on Developing New Practice Areas within a Firm
How do you grow a commercial law practice within a traditional defense firm? That’s the question I posed Rich Blaiklock and Jason Lee of Lewis Wagner, LLP.
Smith: Indiana Court of Appeals upholds employer’s noncompete
The Indiana Court of Appeals recently published a decision that is instructive about noncompete agreements. It is one of the rare noncompete cases that does not contain the phrase: “Indiana courts are reluctant to enforce noncompete agreements because they constitute a restraint on trade.”
IndyBar: Don’t Quit Your Day Job: Three Ways to Tackle E-Learning and Stay Productive at Work
I bet most of you reading this are better at lawyering than teaching. I know I am. Yet, many lawyer parents across the greater Indianapolis community, and all over the country, are finding themselves in the role of teacher this fall as many schools are starting the year in a virtual format or a hybrid in-person and virtual format. As working parents, and especially as lawyers who bill for their time, we are up against some bad math.
Brown: More remote employees? Time to review trade secret policies
In the ongoing work conditions surrounding the COVID-19 pandemic, business owners may consider that their principal concern is how to make it easier and more efficient for employees to do their jobs remotely. But as businesses streamline connections and move information from office hardware to home computers, they should not forget to safeguard the trade secret information that may be moving around.
IndyBar Forming Infertility and Pregnancy Loss Support Group
The IndyBar is in the process of forming a support group for attorney members experiencing infertility and pregnancy loss. This group will provide a safe, supportive environment for participants, with both peer and facilitator-led sessions.
Big decisions: Key employment rulings at a glance
Here is a summary of two major U.S. Supreme Court employment rulings regarding LBGTQ employees and the ministerial exception for religious employers from the October 2019 term.
IndyBar: Fiduciary Duties — More than Just the Golden Rule
The unique financial problems occasioned by COVID-19 and the lockdown responses of federal, state and municipal governments draw into sharp focus the fiduciary duties of directors and officers when addressing economic distress for their entities.
DTCI: Young Lawyer Spotlight
Get to know a new lawyer through this occasional feature from Defense Trial Counsel of Indiana.
IndyBar: In the Age of COVID-19, the Force Majeure Clause Takes Center Stage
Recently, in the case of In re Hitz Restaurant Group (2020 Bankr. LEXIS 1470 (N.D. Ill. June 2, 2020)), the United States Bankruptcy Court for the Northern District of Illinois-Eastern Division held that a force majeure clause in a lease excused a restaurant tenant from its obligation to pay a portion of post-petition rent.
Letter to the editor: SCOTUS discriminates against pro se litigants
It is ironic that the highest court in our land, charged with ensuring that the rules and laws of the country are fair and legal, is itself guilty of enacting a most unfair and arguably unlawful rule explicitly forbidding unrepresented litigants from participating in the Supreme Court oral argument process.
Hammerle on… Court humor
Even though court appearances are rare these days, let me reflect on some funny moments that I treasure.
Opinions Aug. 18, 2020
Indiana Court of Appeals
Victoria V. Arrowood v. State of Indiana
20A-CR-667
Criminal. Affirms the revocation of Victoria Arrowood’s placement in community corrections home detention and the order that she serve the remainder of her sentence in the Department of Correction. Finds that because the revocation of probation or placement in community corrections is civil, not criminal, in nature, Article 1, Section 13 of the Indiana Constitution is inapplicable. Also finds Arrowood was not denied her right to counsel.
IU McKinney professors contribute to assessment of U.S. response to COVID-19
| IL Staff
United States policy response to COVID-19 has been dangerously lacking, according to a recent report authored partially by two Indianapolis law professors. The new report recommends steps to safeguard health as well as civil and human rights.
Plaintiffs seek 10-day deadline for November mail-in ballots
As part of another lawsuit challenging Indiana’s election laws, Common Cause Indiana and the Indiana State Conference of the NAACP are seeking a preliminary injunction to suspend the noon Election Day deadline for county officials to receive completed mail-in ballots.
Holcomb unveils plan to equip state police with body cameras, create cabinet position
Indiana Gov. Eric Holcomb on Tuesday announced plans to equip Indiana State Police troopers with body cameras by next spring and create a new cabinet-level position in his administration to focus on equity and inclusion.
Pokagon tribe to be featured at domestic violence representation training
| IL Staff
Free training for lawyers on modest means and pro bono representation of domestic violence victims will be available next month, sponsored by the U.S. District Court for the Northern District of Indiana.
Indy man loses witness ‘reliability’ argument against attempted murder conviction
An Indianapolis man’s attempted murder conviction was upheld Tuesday after the Indiana Court of Appeals found that the testimony of one of his shooting victims was not incredibly dubious.
COA: Indiana right to counsel doesn’t extend to revocation hearings
The Indiana Court of Appeals has affirmed the revocation of a woman’s home detention in favor of incarceration, declining to make the “profound statement” that the Indiana constitutional right to counsel extends to revocation hearings.
Judicial Conference recommends safety reforms after killing of judge’s son
| IL Staff
One month after the shooting death of the son of a New Jersey judge, the governing body of the United States federal courts is advocating reforms to increase protection for members of the federal judiciary.