Indiana Court decisions – Feb. 27-March 11, 2020
Read Indiana appellate decisions from the most recent reporting period.
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Sizable nondisability: 7th Circuit declines to find ADA violations in obese workers’ claims
Despite increasing obesity among Americans, employers have not seen a corresponding rise in workplace discrimination complaints. But attorneys suspect workers are opting not to sue because such cases may be difficult to prove.
IndyBar: Find the Talent You’ve Been Looking For: Sign On as a Diversity Job Fair Sponsor or Employer
Building the right foundations for diversity within your legal team is important. To help lay those foundations right here in Indianapolis, the Indianapolis Bar Association aims to connect a potential pool of candidates from diverse backgrounds with the Indianapolis legal community through its annual Diversity Job Fair.
Stafford: Justices’ expansion of Medical Malpractice Act does harm
A divided Indiana Supreme Court recently passed judgment on a case in which only two of the five justices could find reason instead of a callous abstraction of the law. The callous abstraction prevailed, as increasingly seems to be the style of our times.
IndyBar: Inactive And Retired Indiana And Other Out-Of-State Attorneys Now Authorized To Provide Pro Bono Representation
As of January 1, 2020, a brand new Indiana Supreme Court rule went into effect granting the opportunity for certain qualifying attorneys to hold a Pro Bono Publico License and serve as pro bono counsel. The rule covers certain types of Indiana and out-of-state attorneys who are not actively admitted to practiced law under Indiana’s general rules of admission, but who are otherwise in “good standing” with the bar of this or another state.
After controversy, juvenile justice review effort begins
In the middle of the General Assembly’s 2020 session, as youth advocates were fighting proposed legislation that would have allowed preteens to be charged as adults for certain crimes, the Commission on Improving the Status of Children in Indiana took a step toward comprehensive juvenile justice reform.
Open House: Paganelli Law makes space for unexpected growth
On Jan. 6, Paganelli Law opened the doors of its renovated fourth-floor office. The space is in the shape of a symmetrical V, with the distance between the two “tips” equaling that of a football field.
IndyBar: Body Language Expert and Celebrity Lie Detector to Open Bench Bar 2020
With more than 16 years of experience as a federal law enforcement officer within the Department of Justice, Janine Driver will be presenting the opening plenary session for the 2020 Bench Bar Conference in French Lick this summer from June 18-20.
Opinions March 17, 2020
Indiana Court of Appeals
Jane Doe 1, as Legal Guardian of the Person and Estate of Jane Doe 2, an Incapacitated Adult v. Carmel Operator, LLC d/b/a Carmel Senior Living, et al.
19A-CT-2191
Civil tort. Affirms the Hamilton Superior Court’s order compelling arbitration of Jane Doe II’s claims against Carmel Operator LLC, d/b/a Carmel Senior Living, Spectrum Retirement Communities, Michael D. Sullivan and Certiphi Screening Inc. Finds from the plain language of the arbitration agreement that it applies to Jane Doe I’s claims against CSL and that there is no evidence establishing that the agreement is invalid as unconscionable and against public policy. Also finds Jane Doe I is equitably estopped from asserting that her claims against Certiphi are not subject to the broad language of her agreement to arbitrate “all claims.”
Hill again urges dismissal of groping-related attorney discipline case
Indiana Attorney General Curtis Hill is continuing his fight to have his lawyer discipline case dismissed, writing in a brief to the Indiana Supreme Court that if he must be sanctioned, it should be no more than a reprimand. Hill is also drawing on the recent discipline of three Indiana judges involved in a downtown Indianapolis shooting to argue that the recommended discipline against him is unfair.
Firms to get ‘up to speed’ with virtual model at IndyBar COVID-19 webinar
| IL Staff
The Indianapolis Bar Association will be hosting a webinar Wednesday detailing how traditional law firms can quickly ramp up to a virtual business model, both from a marketing and technological perspective, in response to COVID-19.
Indiana must recognize both spouses in female same-sex marriages as parents
A federal court issued an order Tuesday requiring Indiana to include non-birth mothers’ names on their children’s birth certificates, marking a milestone in a long legal battle.
Conviction affirmed for intoxicated woman found in parked, running vehicle
The Indiana Court of Appeals has affirmed the conviction of a woman who was found intoxicated in her running but parked vehicle, finding sufficient evidence to support that she was operating the vehicle at the time law enforcement found her.
COA affirms compelled arbitration in assisted living sex abuse dispute
The legal guardian of an elderly woman housed at a Carmel assisted living facility could not convince the Indiana Court of Appeals on Tuesday that she should not be compelled to arbitration after bringing breach of contract and negligence claims against the facility for allegations of sex abuse.
Indiana law schools decline in US News 2021 rankings
The annual U.S. News & World Report rankings of the best law schools in the country brought disappointing results for Indiana as all three law schools still being ranked fell in their positions.
Indiana reports second death from COVID-19
A Johnson County patient who had been hospitalized has died from COVID-19. It is the second death in Indiana.
Opinions March 16, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday.
USA v. Sheila Geary
19-2299
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Sheila Geary’s 57-month prison sentence and five years of supervised release for a child pornography conviction, as well as an order that she pay $55,600 in restitution jointly and severally with her husband, David Geary. Finds no clear error in the district court’s factual findings that Sheila was a but-for cause of a child’s abuse. Also finds the inclusion of the restitution amount in Sheila’s PSR was sufficient notice to her that David’s restitution amount would be used in her sentencing. Thus, finds no error in relying on the calculation from David’s sentencing to determine the amount of restitution that Sheila would owe.
Justices to hear arguments in stoplight outage crash suit against IPL
Oral arguments in a negligence case brought by a family severely injured in a crash in a traffic intersection after a 2016 storm will be heard by Indiana Supreme Court justices this week. Per an order issued Monday, attendance at the argument will be limited to parties and counsel, but the argument may be viewed online.
Pagano appointed judge pro tem in Lake Superior Court
| IL Staff
Lake Superior Court Judge Clarence Murray will temporarily step down from his seat on the bench after informing the court that he would be unable to perform the duties of his office due to health reasons.
7th Circuit: Mother’s sentence, restitution order affirmed in child porn case
A Hammond woman convicted for possession of child porn will keep her enhanced sentence and restitution order after the 7th Circuit Court of Appeals affirmed the rulings in her case Friday.