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The Setting Every Community Up for Retirement Enhancement Act (“SECURE Act”) was enacted on December 20, 2019. The SECURE Act dramatically changes how an individual should structure his or her estate plan if there are qualified retirement accounts involved.
With all the challenges facing bench, bar, and litigants in this difficult time, reflecting on something or someone good seems particularly appropriate for today’s column, rather than the usual nuance of jurisdiction and procedure. Laura Briggs is, by all means, someone good, indeed extraordinary. Most federal practitioners in the Southern District know this well, having benefited from Laura’s dedicated service as clerk since 1998.
Governor Holcomb and Mayor Hogsett (and countless other government and business leaders) are executing their plans to reopen the “new normal” economy. The IndyBar is no different. We are working hard on a COVID-19 Preparedness Plan that will allow some staff to return to IndyBarHQ in the coming weeks.
When we all set our new year’s resolutions for 2020, none of us likely envisioned trying to achieve those goals in the midst of a pandemic. Phrases like “unprecedented” and “difficult times” are heard every five minutes. Staying at home by yourself and binge-watching Netflix while eating ice cream from the gallon bucket constitutes saving the world.
We are almost halfway through 2020 and have seen the stock market fall, rally and fall again. We have been trapped in our houses unable to help our unstable economy, attempting to find new hobbies to pass the time and, of course, practicing social distancing. The silver lining to this pandemic is that it has provided an opportunity for us to better ourselves, and with falling interest rates, transfer our clients’ wealth to the next generation.
Distance education limits have recently been relaxed, so now might be the perfect time to get ahead on CLE credits! With more than 200 recorded programs and low member prices, the IndyBar online CLE catalog is your one-stop shop for convenient, cost-effective education.
The Indiana State Department of Health on Tuesday said the number of positive cases of COVID-19 in the state has risen to 32,078, following the emergence of 363 more cases.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Community Health Network, Inc. v. Heather McKenzie and Daniel McKenzie, individually and as parents and natural guardians of J.M. and O.M., John McKenzie, Deborah West, Michael West, and Katrina Gray
19A-CT-873
Civil tort. Affirms and reverses in part the denial of Community Health Network Inc.’s Trial Rule 12(B)(1) motion to dismiss the complaint brought by Heather McKenzie, Daniel McKenzie, John McKenzie, Deborah West, Michael West, J.M. and O.M., and Community’s motion for summary judgment. Finds the appellees’ claims do not fall within the purview of the Medical Malpractice Act, and the Marion Superior Court properly denied Community’s motion to dismiss. Also finds genuine issues of material fact preclude summary judgment in Community’s favor on the claims involving respondeat superior, negligent training, supervision and retention, and negligence. Finally, finds Community is entitled to judgment as a matter of law, in part, on the respondeat superior claim. Remands with instructions to grant summary judgment in favor of Community on the appellees’ invasion of privacy/intrusion claim.
Indiana Chief Justice Loretta Rush staunchly supports and promotes well-being in the legal profession. When she talks to Indiana judges, lawyers and law students, Rush frequently mentions the Judges and Lawyers Assistance Program. During her State of the Judiciary speech in January, the first topic Rush mentioned was Indiana’s problem-solving courts, which focus on issues including drugs and mental health.
The coronavirus pandemic seems to be the push many people needed. Most clients, estate planning lawyers say, tend to put off preparing their documents, usually believing that they still have time. But with the continuance of the COVID-19 pandemic and the daily coverage of case counts and death tolls, attitudes have changed.
Under normal circumstances, we would try to fill this column with something useful. We would try to give you tips that may help your practice, and we would hope that our column would give you a teensy-weensy bit of knowledge that might help you avoid an ethical problem down the road. However, these are not normal circumstances, so we feel like offering something a little different.
Suspended Indiana Attorney General Curtis Hill will be reinstated to the practice of law June 17, and he’s said he’s using the time in the interim to “reflect on lessons learned.” His chief deputy, Aaron Negangard, is overseeing the office while Hill serves his suspension, but a lawsuit filed May 21 challenges Hill’s authority to make that appointment.
Though there have been some technical hiccups, lawyers report generally positive experiences with remote appellate oral arguments. Even so, some advocates say the most impactful arguments are made in person.
The Indiana Court of Appeals has partially reversed in favor of a hospital on invasion of privacy and intrusion claims after a family feud between health care employees resulted in comprised confidential health records.
A lawyer and hobbyist photographer known for his litany of federal copyright lawsuits has lost an appeal for the reinstatement of a state-court action and has also been ordered to pay his opponent’s appellate attorney fees.
A man whose name was removed from Indiana’s Sex and Violent Offender Registry on the state’s volition has successfully sought rehearing at the Indiana Court of Appeals, which has now deemed his case moot.
CVS’ voluntary dismissal of two Lake County property tax assessment appeals should have been granted, the Indiana Tax Court ruled Friday, ordering the Indiana Board of Tax Review to dismiss the cases and reinstate original assessed valuations for a span of years for drugstores in Hobart and Schererville.
After filing a lawsuit challenging Curtis Hill’s ability to remain Indiana Attorney General while he serves a license suspension, four Marion County plaintiffs filed a motion Friday for summary judgment on their claim that the office is vacant and the governor can name a replacement.
Chief Justice John Roberts told graduating seniors at his son’s high school that the coronavirus has “pierced our illusion of certainty and control,” and he counseled the students to make their way with humility, compassion and courage in a world turned upside down.