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Essley: The land of (health care lien) confusion

Eric Essley writes about a few of the health care-related lien statutes often encountered and/or cited by the plaintiff’s bar and their in-house/defense counterparts when trying to settle claims.

Biomet settles hip-replacement litigation

The most serious cases from among more than 950 patients around the nation who claim they were harmed by a Warsaw company’s implanted hip-replacement devices will share in a settlement expected to exceed $100 million, according to an attorney involved in the case.

Proposed rule clears up ambiguities on release of mental health patients’ names

What the U.S. Department of Health and Human Services calls a modification to rules protecting patient privacy has sparked similar outcries from groups that might normally find themselves opposing each other. The National Alliance on Mental Illness and the Gun Owners of America both have come out against a proposed rule change to the Health Insurance Portability and Accountability Act that would allow health care entities to release the names of some mental health patients to the national firearm background check system.

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ABA task force advises review of law school costs

In its year and a half examination of how lawyers are educated, the American Bar Association Task Force on the Future of Legal Education concluded the financial system law schools have developed to provide that education must be re-engineered.

Why I love the law

In honor of Valentine’s Day, we asked Indiana Lawyer readers to tell us why they love the law. The responses contain a common theme – people – whether it’s working with talented colleagues, teaching others about the law or helping people navigate through the legal waters.

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Drug court lawsuits in the works

A Clark County judge and his staff are accused of wrongful jailings, arrests and searches of drug court participants.

IndyBar: Interrogatories – Donald R. Lundberg

He is a graduate of the Indiana University Maurer School of Law – Bloomington. He served as Director of Litigation at the Legal Services Organization of Indiana and as the Executive Secretary of the Indiana Supreme Court Disciplinary Commission before joining Barnes & Thornburg LLP. He is Donald Lundberg, and he has been served with interrogatories.

Abrams: The Indianapolis Bar Association and HJR-3

We had several members of the IndyBar, including some board members, ask us to consider adopting a response to HJR-3 for various reasons. After two separate board meetings and hours of discussion at each one, it was clear that emotions were running high on the proposed amendment. We had outstanding discussions with input from every single board member. I am very proud of the approach, candor and intense yet respectful discussions the board had during the process.

Opinions Feb. 10, 2014 ILD

Indiana Court of Appeals
Amy R. Hockett v. State of Indiana (NFP)
89A05-1304-CR-174
Criminal. Affirms conviction and 60-year sentence for murder.

Jonathon Harris v. State of Indiana (NFP)
29A02-1307-CR-655
Criminal. Affirms probation revocation.

Jeffery L. Fleenor, Sr. v. State of Indiana (NFP)
88A01-1307-CR-296
Criminal. Affirms denial of motion to withdraw guilty plea to a charge of Class B felony possession of a firearm by a serious violent felon.

Larry K. Croucher II v. State of Indiana (NFP)
05A02-1302-CR-172
Criminal. Affirms conviction of Class D felony maintaining a common nuisance.

Darin M. Wilson v. State of Indiana (NFP)
84A01-1309-CR-382
Criminal. Affirms 40-year sentence for conviction of Class B felony robbery and habitual offender enhancement.

Charles Thompson v. State of Indiana (NFP)
34A05-1211-CR-578
Criminal. Affirms conviction of Class A felony dealing in methamphetamine and two Class D felony counts of possession of a controlled substance.

Aguila Binion v. State of Indiana (NFP)
71A05-1306-CR-292
Criminal. Affirms conviction of Class D felony strangulation.

The Indiana Supreme Court and Tax Court issued to opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no opinions Monday prior to IL deadline.

 

Opinions Feb. 10, 2014

7th Circuit Court of Appeals
United States of America v. Timmothy Williams
13-1260
Criminal. Vacates sentence for convictions related to identity theft and remands to the District Court. In accordance with the ruling in Peugh v. United States, 133 S. Ct. 2072, 2078 (2013), sentencing guidelines that were stricter than those in place at the time Williams committed the crime were improperly applied when he was sentenced to 56 months in prison for identity theft convictions plus 24 months for aggravated identity theft. Remands to sentence Williams to 30 to 37 months in prison – the range under the guidelines in place at the time of his offenses.

Lawmakers divided over screening welfare recipients for substance abuse

Legislation that would require welfare recipients to be screened for substance abuse and limit food stamp use to the purchase of "healthy foods" is being debated in the Indiana Statehouse. It's passed the House of Representatives, but questions remain about its cost, constitutionality and desirability as it awaits hearing in the Senate. IBJ has the story.