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Hammerle On … Love lost and the painful reality of saying goodbye
Offering a couple of classic movie recommendations, movie reviewer Robert Hammerle also offers fond remembrances of attorney friends and their loved ones.
DTCI: Practical lessons learned from social distancing
The somewhat solitary experiences of the COVID-19 pandemic have revealed several lessons that directly affect the practice of law, the ripple effects of which we may feel for a long time.
Dan Rosio: Valuation factors during times of financial uncertainty
As the country focuses its attention on COVID-19, and with only essential businesses operating in much of the country, many private companies in a variety of industries are suffering the economic impact of the current public health crisis.
Indiana Court Decisions – April 23–May 6, 2020
Read Indiana appellate decisions from the most recent reporting period.
Big data is predicting outcomes in court
Big data is growing in importance, and corporate legal departments, despite being slower to adapt initially, are increasingly utilizing data analytics as part of their practices, according to a 2019 report. But despite all the hype, big data, by itself, cannot do a thing.
Opinions May 12, 2020
The following Indiana Supreme Court opinion was posted after IL deadline on Monday.
FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC v. Meritain Health, Inc., et al.
20S-PL-302
Reverses grant of summary judgment in favor of Meritain Health, University of Notre Dame and Beacon Health. Finds the St. Joseph Superior Court erred in concluding FMS’s claims were preempted under the conflict-preemption provision of the Employment Retirement Income Security Act of 1974. Determines FMS’s state-law claims survive the two-pronged compete preemption test developed in Aetna Health, Inc. v. Davila, 542 U.S. 200, 210, (2004). Rules the precedent set in Midwest Security Life Insurance Co. v. Stroup, 730 N.E. 2d 163 (Ind. 2000) was misconstrued and that FMS’s claim does not involve ERISA but rather is about a provider’s rate of payment under a separate contract with a health insurance plan. Remands for further proceedings.
‘Narrow decision’ leads justices to reverse in health care payment dispute
A dialysis provider will have another chance to claim the money it believes it is owed after the Indiana Supreme Court pointed to its own precedent and found the trial court erred by entering summary judgment for the defendants.
Despite lost support, AG Hill seemingly pushes forward
Statewide political leaders, including Republican leaders, are withdrawing support of embattled Indiana Attorney General Curtis Hill, who next week begins a 30-day suspension for two ethics violations. But Hill so far has not indicated plans to step down from his role or leave the 2020 campaign trail once the suspension is over, even though his competition may be growing.
Holcomb asks Supreme Court whether AG Hill’s suspension creates vacancy
Just one day after the Indiana Supreme Court ordered Attorney General Curtis Hill to serve a 30-day suspension for ethical violations, Gov. Eric Holcomb is petitioning the high court for guidance on what the suspension means for Hill’s ability to remain in office and challenging Hill’s decision to appoint his chief deputy to serve in his absence. A ruling in Holcomb’s favor could permit him to appoint Hill’s replacement.
State passes 25,000 total cases of COVID-19; deaths reach 1,444
The Indiana State Department of Health on Tuesday said the number of positive cases for COVID-19 in the state has risen to 25,127 following the emergence of 500 more cases.
Fishers couple’s reconviction in toddler’s daycare death affirmed
The involuntary manslaughter conviction of a Fishers couple after a retrial over the death of a toddler at their home daycare facility has been upheld by a divided panel of the Indiana Court of Appeals.
Total Wine & More wins round in court fight to open in Indiana
Total Wine & More, the national alcohol retailer with more than 200 stores in 24 states, is a step closer to doing business in Indiana after a federal court has temporarily barred the Hoosier state from enforcing its statutory prohibitions that keep out-of-state businesses from holding liquor permits.
Police: 2-year-old girl shoots man in head, injures woman
A 2-year-old girl found a handgun on a bed and accidentally fired it, shooting a man in the head at a Lafayette apartment, police said.
Starke County man’s appeal to appear on primary ballots rejected
A man fighting to get his name on the 2020 Starke County Republican primary ballot just weeks before the election had his case dismissed by an Indiana Court of Appeals panel on Tuesday.
Sharpe becomes Southern District clerk after swearing-in ceremony
The new clerk has officially taken office in the U.S. District Court for the Southern District of Indiana. Roger A.G. Sharpe was sworn in last week, filling the vacancy created by the retirement of former longtime clerk Laura Briggs.
Indiana businesses follow reopening plan; Fauci warns of ‘suffering and death’ if US reopens too soon
As many Indiana restaurants resumed in-person dining and some hair salons began reopening around Indiana on Monday, state officials said most businesses have been following restrictions imposed to slow the coronavirus spread.
SCOTUS appears divided in Catholic schools employment case
The US Supreme Court on Monday seemed divided over how broadly religious institutions including schools, hospitals and social service centers should be shielded from job discrimination lawsuits by employees.
Supreme Court to hear clash over Trump tax, bank records
The Supreme Court of the United States on Tuesday will take up President Donald Trump’s bid to keep his tax, bank and financial records private, a major clash over presidential accountability that could affect the 2020 presidential campaign.
Opinions May 11, 2020
Indiana Supreme Court
In the Matter of Curtis T. Hill, Jr.
19S-DI-156
Discipline. Suspends Indiana Attorney General Curtis Hill for 30 days with automatic reinstatement for his violation of Professional Conduct Rules 8.4(b) and 8.4(d). Orders Hill shall not undertake any new legal matters between service of the Indiana Supreme Court’s opinion and the effective date of the suspension, May 18, and he shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). Finds in favor of Hill on the Oath of Attorneys charge. The costs of the proceeding are assessed against him.