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Stafford: Justices can’t kick Indiana’s civil forfeiture addiction

November 13, 2019 | Dave Stafford

The term “excessive fine” is understandable. Unless you are a member of the Indiana Supreme Court. Then, in the context of civil asset forfeiture, the term becomes an enigma to be parsed in three dozen pages of ridiculous legal logic that even one of the five justices confessed he could not comprehend.

Hammerle On …

November 13, 2019 | Robert Hammerle

Movie reviewer Bob Hammerle had high praise for both “Jojo Rabbit” and “Harriet.”

DTCI: Limited Recovery for the Uninsured Plaintiff

November 13, 2019 | From DTCI

The law limits an uninsured person’s recovery to economic damages when an insured driver is at fault. Insurance companies are actually prohibited from paying noneconomic damages to uninsured claimants who have had a financial responsibility citation within the previous five years.

Parrish: Students find clerkships in smaller counties rewarding

November 13, 2019 | Austen Parrish

This summer’s Rural Justice Initiativesought to expose students who are committed to public service to different facets of rural and smaller-city practice while helping trial court judges with their heavy workloads in counties where that help is needed most. The goal was to underscore to students the benefits of clerking after graduation, to help improve access to courts and expand legal services, and to inspire some students to consider pursuing careers in rural Indiana.

IndyBar: Honor Excellence, Part Two: Legal Community Stars to Receive Recognition Award

November 13, 2019 | From IndyBar

Join us on Nov. 19 at Meridian Hills Country Club as we honor just a handful of the many lawyers, judges, students and more who’ve made their mark in 2019.

Good growth? Lawyer population grows, but supply may outpace demand

November 13, 2019 | Olivia Covington

According to the ABA’s National Lawyer Population Survey, the number of active lawyers nationwide grew by 14.5% in the last decade, up from 1,180,386 in 2009 to 1,352,027 in 2019. The number of Indiana lawyers likewise grew 10.2%, increasing from 14,379 to 15,845.

IndyBar: Judge Heather Welch Honored, Shares Hope for the Future of Women in the Law

November 13, 2019 | From IndyBar

The IndyBar Women and the Law Division proudly recognized Judge Heather Welch of the Marion Superior Court as the recipient of this year’s Antoinette Dakin Leach Award honoring a trailblazing woman in the legal profession.

Through the eyes of an immigrant

November 13, 2019 | Marilyn Odendahl

Mohamed Arafa has called Indianapolis his home since 2009, when he moved here to pursue a Doctor of Juridical Science degree from Indiana University Robert H. McKinney School of Law. Now an adjunct professor at IU McKinney, Arafa still sees America through the eyes of an immigrant.

Opinions Nov. 12, 2019

November 12, 2019

Indiana Supreme Court
In the Matter of the Honorable Andrew Adams; In the Matter of the Honorable Bradley B. Jacobs; In the Matter of the Honorable Sabrina R. Bell
19S-JD-386, 19S-JD-566, 19S-JD-567
Judicial discipline. Suspends Clark Circuit 1 Judge Andrew Adams, who is already under an interim suspension, for 60 days without pay, effective immediately, to be reinstated at 12:01 a.m. Jan. 13, 2020. Suspends Clark Circuit 2 Judge Bradley Jacobs and Crawford Circuit Judge Sabrina Bell for 30 days without pay, effective 12:01 a.m. Nov. 22, to be reinstated at 12:01 a.m. Dec. 23. Finds the respondents, who were involved in a violent confrontation in Indianapolis on May 1 in which Adams and Jacobs were shot, violated Indiana Code of Judicial Conduct Rules 1.2 and 3.1(c). Also finds Adams violated Code of Judicial Conduct Rule 1.1.

C-SPAN founder Brian Lamb honored in Indianapolis

November 12, 2019 | Marilyn Odendahl

For his work in founding and developing C-SPAN, the cable network that gives Americans a front row seat to their government, Indiana native and Purdue University alumnus Brian Lamb was honored Monday by the Benjamin Harrison President Site with the 2019 Advancing American Democracy Award.

‘Precedent setting settlement’ ends rent-to-own housing lawsuit

November 12, 2019 | Marilyn Odendahl

A legal fight over a rent-to-buy real estate business that included the landlord hitting back and filing a counterclaim for defamation against the plaintiffs ended Friday with the parties reaching a settlement that, among other provisions, requires the defendants pay nearly $400,000 plus attorney fees.

Justices answer juvenile ineffective assistance of counsel question

November 12, 2019 | Katie Stancombe

Indiana Supreme Court justices have affirmed the placement of a teenage boy in the Indiana Department of Correction, finding he was not provided ineffective assistance of counsel.

 

Justices steer defective dump-truck suit back to trial court

November 12, 2019 | Dave Stafford

A lawsuit alleging an Indianapolis manufacturer delivered dozens of defective dump trucks in 2005 has taken a U-turn back to the trial court after the Indiana Supreme Court found it could not grant summary judgment sought by the truck builder in litigation brought against it by the truck buyers.

Man suing for unpaid wages awarded thousands more in appeal

November 12, 2019 | Katie Stancombe

The Indiana Court of Appeals affirmed in part a judgment issued to a former medical device company employee, granting him an additional award for unpaid wages and remanding for the calculation of additional attorney fees it concluded he is entitled to.

 

Judges involved in Indianapolis shooting suspended without pay

November 12, 2019 | Olivia Covington

The three judges involved in a night of drinking that ended in gunfire in downtown Indianapolis have each been suspended without pay from their southern Indiana benches. The Indiana Supreme Court order issued Tuesday marks the conclusion of the judicial discipline cases against the judges.

Court’s conservatives seem to back Trump on immigration

November 12, 2019 | Associated Press

The US Supreme Court’s conservative majority seems prepared to allow the Trump administration to end a program that allows some immigrants to work legally in the United States and protects them from deportation.

 

Survey: 3 out of 4 legal officers expect recession; many cut spending

November 12, 2019 | IL Staff

A wide majority of chief legal officers expect a recession and therefore have taken steps to curb spending on in-house and outside counsel, a new survey reports.

 

Supreme Court lets Sandy Hook shooting lawsuit go forward

November 12, 2019 | Associated Press

The United States Supreme Court said Tuesday a survivor and relatives of victims of the Sandy Hook Elementary School shooting can pursue their lawsuit against the maker of the rifle used to kill 26 people.

Opinions Nov. 11, 2019

November 11, 2019

7th Circuit Court of Appeals
Villas at Winding Ridge v. State Farm Fire and Casualty
19-1731
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to State Farm Fire and Casualty against Villas at Winding Ridge. Finds the insurance policy is unambiguous and enforceable. Also finds no evidence that State Farm breached the policy or acted in bad faith when resolving the claim.

Supreme Court clears former prosecutor of disciplinary charges

November 11, 2019 | Katie Stancombe

A former Howard County prosecutor has been cleared of allegations brought by the Indiana Supreme Court Disciplinary Commission that he paid a witness for his testimony in a 2010 murder trial.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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