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COA holds that arbitration exclusion applies to State Farm case

The Indiana Court of Appeals affirmed summary judgment in favor of State Farm Insurance Tuesday, writing that the appellants in the case could not compel arbitration due to an exception in the arbitration agreement it signed with the insurance company.

Opinions Dec. 27, 2016

Indiana Court of Appeals
P. Kevin Barkal, M.D. and Pemcor, Inc. v. Gouveia & Associates
45A03-1607-CT-1601
Civil tort. Affirms the Lake Circuit Court’s grant of summary judgment to Gouveia & Associates, concluding that Dr. P. Kevin Barkal and Pemcor Inc. failed to designate expert testimony establishing that Gouevia breached the standard of care in his legal representation of Pemcor in the underlying bankruptcy case.

Summary judgment in favor of New Castle prison employees reversed

An Indiana inmate can continue his case against prison officials he said prohibited him from bringing his case before the U.S. Supreme Court after the Indiana Court of Appeals decided Tuesday that summary judgment in favor of the officials was erroneous.

The IndyBar Celebrates the Season of Giving

Several IndyBar sections and divisions organized community service events that served in a variety of ways this year, from meal preparation to hosting a holiday party.

Moberly: Closing This Chapter With One Final Column

This is the last column I will write as president of the Indianapolis Bar Association. I’m sure it won’t surprise you that writing this column was one of the hardest duties of the job for me.

Higgins: New rules reflect renewed focus on attorney trust accounts

For Indiana attorneys, the new year marks the effective date of the new Admission and Discipline Rule 23. The importance of Rule 23 is generally limited only to those unlucky few who find themselves being investigated or prosecuted by the Disciplinary Commission. However, Rule 23 also contains substantive provisions on how each lawyer must manage his or her trust account.

Online registry gives quick access to protection orders

In 2010, the registry was enhanced so that victims can be sent a text or email whenever the respondent has been served or the general order is set to expire. Victim notifications sent from the registry total 196,697.

Indiana’s judicial nominees headed toward disappointment

While Indiana’s two nominees to the federal judiciary have a chance to get a confirmation vote before Inauguration Day, the possibility is extremely slim. The pair likely will find a place in the history books rather than on the bench.

Employers, labor lawyers left hanging as judge blocks OT rule

Companies and the employment lawyers who advise them had, in many cases, worked for months planning to comply with new Department of Labor regulations affecting millions of salaried employees who are exempt from overtime pay. All they know after a judge blocked the rule is that they don’t know what’s next.

Indiana Supreme Court looks to a tech future in budget request

As the Indiana Legislature prepares to outline the state’s priorities when crafting the next biennial budget during the 2017 session, the Indiana Supreme Court is requesting a $3 million boost to support the future of court technology, one of the judiciary’s highest priorities.

2016 Year in Review

From law school troubles to new court initiatives, take a look back at the top stories in Indiana Lawyer this year.

COA: Stage collapses not foreseeable as a matter of law

The company hired to provide security to country duo Sugarland on the night of the deadly stage collapse at the 2011 Indiana State Fair could not have reasonably foreseen the stage collapse as a matter of law and, thus, is entitled to summary judgment, the Indiana Court of Appeals held Tuesday.