Indiana Court Decisions: March 12-25, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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IndyBar: Top Resolutions for Family Law Attorneys for 2020
The IndyBar Family Law Section mission is, “the Family Law Section believes we have the collective ability to shape the practice of family law. Every day we strive to change the status quo for family law attorneys because there is a better way.” How can we avoid ratcheting up the emotion? How can we be the calm in the storm?
IndyBar: Free Fridays From Home: Free CLE Online and Tips for Taking Your Own Headshot
During this challenging time, the IndyBar is dedicated to making many of our services, resources and tools available to members online so that you can keep thriving in your practice, even from home!
Trimble: Legal profession is on front line of coronavirus crisis
Gov. Eric Holcomb’s stay-at-home order exempted a variety of occupations that were deemed by the governor to be “essential.” To the surprise of many lawyers, the legal profession was designated as essential. We will be allowed to continue working because the contributions we make to our communities are more necessary than ever in this time of anxiety and upheaval.
DTCI: No New Exception to Product Liability Act
The Indiana Products Liability Act (IPLA) includes a 10-year statute of repose, which time-bars claims brought more than 10 years after delivery of the product to the buyer. Until recently, it was an open question of law whether a company refurbishing or repairing a product restarted the statute of repose clock.
IndyBar: Moving Forward Together, Now More than Ever, IndyBar is Your Partner in the Practice
During this extraordinary time and beyond, the IndyBar is committed to bringing you the information, tools and resources you need to stay informed, stay connected and succeed in the legal profession.
IndyBar: Students, Get Ahead of the Curve and Participate in the IndyBar Diversity Job Fair
The IndyBar Diversity Job Fair helps alleviate the pressure of job searches and interviews for these students by providing an opportunity for minority students to meet with various legal employers in Indianapolis who are passionate about having a diverse field of employees.
Hammerle on… “The Hunt” and The Pandemic
Movie reviewer Robert Hammerle opines on the last film he saw in a movie theater, which you can now view at home at a safe distance.
Opinions March 31, 2020
Indiana Court of Appeals
G&G Oil Co. of Indiana v. Continental Western Insurance Company
19A-PL-01498
Civil plenary. Affirms the award of summary judgment to Continental Western Insurance Company against G&G Oil Co. of Indiana. Finds the commercial insurance policy did not include coverage for losses suffered as a result of a ransomware attack. Finds the ransomware was not covered under the policy’s computer fraud provision.
Indiana restricting abortion clinics during pandemic
As Gov. Eric Holcomb issued an executive order Monday that includes banning “elective and non-urgent” procedures at abortion clinics in Indiana during the COVID-19 emergency, federal judges were blocking similar measures in other states.
Restitution, sentence affirmed for woman who stole co-workers’ purse
A woman who stole hundreds of dollars from her co-worker’s purse did not convince the Indiana Court of Appeals that there was an error in ordering her to pay restitution of the full amount stolen or that the sentence of more than two years was inappropriate.
COA rules for insurer that declined to cover ransom paid to hacker
A Hoosier oil company that suffered monetary losses after a ransomware attack on its computer system did not convince the Indiana Court of Appeals that its insurance policy included coverage for such attacks.
Split COA affirms attempted obstruction of justice conviction in neighbor dispute
A majority of an Indiana Court of Appeals panel has affirmed a woman’s attempted obstruction of justice conviction after she confronted a neighbor who was subpoenaed to give deposition in a criminal case involving her.
Federal courts get approval for remote access
| IL Staff
The Judicial Conference of the United States is temporarily allowing federal courts to use video and teleconferencing for certain criminal proceedings as well as teleconferencing for civil proceedings during the COVID-19 national emergency.
ACLU of Indiana petitions to release inmates at risk for coronavirus
| IL Staff
An emergency petition submitted Monday by the American Civil Liberties Union of Indiana is requesting immediate action from the Indiana Supreme Court to stem the spread of COVID-19 in the Indiana Department of Correction and Indiana’s county jails.
Indiana coronavirus cases surpass 2,100 as death toll hits 49
The Indiana State Department of Health on Tuesday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 2,159 after the emergence of 373 more cases. Fourteen more people died from coronavirus, bringing the Indiana death toll to 49.
Indiana expands ICU beds, eases healthcare licensing rules amid pandemic
| Associated Press and IL Staff
Indiana hospitals have increased the state’s intensive care unit capacity by about one-third in the past few weeks in preparation for an expected surge in coronavirus-related illnesses, state officials said Monday.
Indiana finances take a big blow from coronavirus crisis
Finances of the state of Indiana are taking a major hit from the coronavirus crisis, and it remains to be seen how big the hit will be.
New law mandates Indiana schools test for lead contamination
Drinking water fountains and taps at public and private schools in Indiana will be required to be tested for lead contamination by 2023 under a new state law.
Opinions March 30, 2020
Indiana Supreme Court
Cathy Jo Robertson v. State of Indiana
19S-PL-432
Civil plenary. Affirms the Jennings Superior Court’s denial of the motion to dismiss Counts I and II, misappropriation of public funds, against Cathy Jo Robertson, reverses the trial court’s denial of the motion to dismiss Count III as to the Crime Victims Relief Act claim and remands for further proceedings consistent with this opinion. Finds that as to claims to recover public funds pursuant to Indiana Code § 5-11-5-1(a), the limitations period begins to run only after the Office of the Attorney General receives a final, verified report from the State Board of Accounts. Also finds that claims pursuant to the CVRA are governed by the discovery rule. Justice Geoffrey Slaughter concurs in judgment with separate opinion.