Indiana Court Decisions — March 13-27, 2019
Read Indiana appellate court opinions for the most recent reporting period.
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DTCI: Are sellers safe from strict liability under the IPLA?
Practitioners who regularly represent sellers in product liability cases should become thoroughly familiar with “innocent seller” or “innocent distributor” statutes and the case law surrounding them. Counsel should not assume that simply because their client is a seller, their client is protected from strict liability.
Canadian man facing drug charges seeks passport’s return
A Canadian man who allegedly had 127 pounds of cocaine hidden inside his vehicle wants northwestern Indiana authorities to return his passport. A Porter County judge ordered Hobart police Monday to return all of Denis Mesumb’s belongings, except for his Canadian passport, and set a Wednesday hearing to consider its release.
Law: Zany Zillow ‘Zestimates’ zing homeowners
While the 7th Circuit’s decision in Patel v. Zillow likely reinforces what many homeowners and potential homebuyers likely believed about the accuracy of Zillow’s Zestimates or the comparable estimate tools provided by websites such as Trulia and Realtor.com, what it shows about the changing technological market for information on residential homes is equally telling.
Doell & Sen: Are opportunity zones really creating opportunities?
Since the Opportunity Zones program became law more than one year ago, curiosity has grown among investors. Yet, a press release from Preqin, a company providing data, solutions and insights for alternative asset professionals, suggests that curiosity concerning Opportunity Zones isn’t necessarily translating into sizeable dollar figures.
Princeton officer faces misconduct charge after drugs allegedly tossed
Authorities say a southwestern Indiana police officer allowed a drug trafficking suspect to discard a bag of heroin before being taken to a police station. Illinois State Police say 28-year-old Princeton Officer Brandt George is free on bond after being charged with official misconduct.
7th Circuit case highlights confusion over online home value ‘Zestimates’
The 7th Circuit both rejected proposed class action lawsuit against the website Zillow, but Realtors and real estate attorneys still have concerns about whether its “Zestimates” are unnecessarily misleading. Zillow, however, insists its estimation practices are transparent and legal, thus making their home valuations a beneficial tool for buyers and sellers.
IU profs contribute to ruling upholding short-term rental regulation
With the help of an amicus brief from several professors — including two from the Indiana University Kelley School of Business — Santa Monica, California successfully urged the 9th Circuit Court of Appeals to uphold its local regulation of short-term rental properties offered through websites such as Airbnb.
Hammerle on… “Us,” “To Kill a Mockingbird”
Movie reviewer Robert Hammerle detects a bit of a sophomore slump in director Jordan Peele’s “Us” but finds newfound admiration for a beloved Hollywood classic at a special theatrical screening.
Staying home: Legal aid efforts help people maintain stable housing
Brenda Davis and Franci Gartin know a home can be a place to rest from the struggles of daily living. The two Indianapolis women were settled into their houses, arranged and as welcoming as they each wanted. But then the struggles of the outside world invaded, and they found themselves in danger of losing their own domiciles.
Dreyer: A day in the life (and mind) of an Indiana trial court judge
Marion Superior Judge David J. Dreyer channels his inner James Joyce for observations about a day in the life of a trial court judge.
Trimble: Do alternative legal communities challenge traditional bars?
Almost every day I have to remind myself that I have the implicit biases and attitudes of a sixty-something white guy. In our rapidly changing legal profession, there is no shortage of change that is heading-spinning for most senior lawyers. If we don’t open our minds and embrace change, our profession will pass us by. The rise of so-called alternative legal communities is one such example.
Web Exclusive: Federal judiciary tightens sex harassment rules
The way the federal court system addresses sexual harassment complaints should be clearer and fairer moving forward now that the federal judiciary has made clarifying amendments to its workplace conduct rules.
Juvenile waiver bill stirs controversy at Statehouse
A proposal that would send children as young as 12 to adult court on attempted murder charges sailed through one house of the Indiana General Assembly before meeting resistance — including from a bill sponsor.
AG Hill’s attorney discipline case raises new questions
The disciplinary complaint against Hill raises new questions about the disciplinary process itself, including who can preside over the proceedings and what would happen if the state’s chief legal officer loses his law license, even temporarily. But those questions aside, ethics attorneys say Hill’s status as a prominent elected official shouldn’t have any bearing on the nuts and bolts of the discipline process.
Many law firm merger calls, little interest
Indiana law firms are absent from a record year of deals, but many are growing through lateral hires or picking up entire practice groups.
Opinions April 1, 2019
Indiana Court of Appeals
In the Matter of A.R., A.S., L.S., and J.O., Children Alleged to be Cihldren in Need of Services; M.O. (Mother) v. Indiana Department of Child Services
18A-JC-2523
Juvenile CHINS. Reverses the Tippecanoe Superior Court’s adjudication of M.O.’s four minor children as children in needs of services. Finds the trial court erred in adjudicating A.R., A.S., L.S., and J.O. as CHINS. Concludes the Department of Child Services did not meet its burden to demonstrate that the children have needs that they were unlikely to receive without the coercive intervention of the court.
CHINS adjudication reversed for mom who tested clean
A mother whose kids were found to be children in need of services despite her successful efforts to stay sober and get the help she needed found favor with an appellate panel Monday, who reversed the CHINS adjudication on the basis of insufficient evidence.
Disciplinary Commission: AG Hill claiming he is above ethics rules
The Indiana Supreme Court Disciplinary Commission has accused Attorney General Curtis Hill of seeking special treatment in the disciplinary proceedings brought against him, arguing in court filings that Hill’s case must go before a hearing panel to protect the public interest.
Judge lets South Bend abortion clinic challenge proceed
National healthcare and abortion providers seeking to open an abortion clinic in northern Indiana received a ruling in their favor last week when a federal judge denied the state’s motion to dismiss a complaint challenging the constitutionality of Indiana abortion clinic licensing regulations.