Indiana Court Decisions – Oct. 24–Nov. 6, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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DTCI: Using Misuse as a Defense
Indiana’s state and federal courts have long held that the incurred risk and product alteration defenses under Indiana’s Product Liability Act (IPLA) constitute “complete defenses.” But applying the misuse doctrine, particularly as a complete defense, is nuanced and requires a more thorough understanding of Campbell Hausfeld/Scott Fetzer v. Johnson and related law than the headlines might suggest.
Trimble: Rainmaking 201: Developing your substantive credentials
In this article we will look at how to develop your substantive credentials. It is not enough these days to be smart and have an honest face. You need to have publicly available credentials so that a prospective client can trust that you will know how to handle their problem.
Van Tyle: Working with vulnerable immigrant populations amid change
For good or for bad, immigration policy can often change day-to-day. Rules and regulations recently have been introduced, only to be temporarily halted by injunction days before implementation.
Durham: Preparing H-1B visa petitions in light of the culture of ‘no’
The H-1B may be one of the most well-known, and perhaps most desired, temporary employment visa classifications sought by US employers and foreign national students and professionals. Unfortunately for employers, a culture of “no” has taken hold at USCIS, risking employers’ ability to use the H-1B visa to fill critical positions and retain key foreign national employees.
Stafford: Justices can’t kick Indiana’s civil forfeiture addiction
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 …
Movie reviewer Bob Hammerle had high praise for both “Jojo Rabbit” and “Harriet.”
DTCI: Limited Recovery for the Uninsured Plaintiff
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
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
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
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
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
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
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
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
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
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
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
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
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.