JNC names 2 judges, 1 attorney as finalists for Molter COA vacancy
Two trial court judges and an attorney in private practice are the finalists to fill now-Justice Derek Molter’s seat on the Court of Appeals of Indiana.
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Opinions Oct. 12, 2022
Court of Appeals of Indiana
Megan Perry and Jonathon Perry v. Indiana Department of Child Services and Linzy Derucki
22A-CT-605
Civil tort. Affirms and reserves in part the dismissal of Megan and Jonathon Perry’s amended complaint against the Indiana Department of Child Services and Linzy Derucki for failure to state a claim upon which relief could be granted. Finds the Perrys’ federal civil rights violation and state-law defamation claims against Derucki were properly dismissed. Also finds the Perrys’ state-law negligence and defamation claims against DCS were improperly dismissed. Remands for further proceedings.
Justice Dept. asks court to deny Trump plea over FBI search
The Biden administration on Tuesday urged the Supreme Court to steer clear of a legal fight over classified documents seized during an FBI search of former President Donald Trump’s Florida estate.
Sharp disagreements abound in debate between Marion County prosecutor candidates
Marion County Prosecutor Ryan Mears and Republican challenger Cyndi Carrasco Sharp sparred over his decision not to prosecute low-level marijuana possession and policies related to Indiana’s near-total abortion ban.
Indiana Democrats push abortion issue as early voting starts
Indiana voters can begin casting early, in-person ballots Wednesday for the Nov. 8 election in which Democrats are looking for a backlash against the Republican-backed state abortion ban approved over the summer.
Police fatally shoot machete-wielding man inside Clarksville Walmart
A southern Indiana police officer fatally shot a machete-wielding man who charged at him inside a Walmart, authorities say.
IndyBar: Protecting Yourself and the Client in a Technology Driven Post-COVID World
| From IndyBar and Morgan Decker
Whether it’s showing up to a Zoom hearing with the cat filter on or emailing opposing counsel instead of client while working on a matter, there are times we need to slow down, take a second and think before a worst-case scenario comes to fruition.
IndyBar: Remote Proceeding Changes from the Indiana Supreme Court
The Indiana Supreme Court is making interim changes related to remote proceedings and considering others.
IndyBar: 2022 Day of Giving: Take a Few Moments, Give an Hour
The Indianapolis Bar Foundation (IBF) is hosting its fifth annual Day of Giving on Wednesday, Oct. 26, 2022.
Maley: Modest federal rule amendments as end of 2022 nears
Pursuant to the Rules Enabling Act, amendments to federal rules that have been approved by the Supreme Court by May 1 of each year take effect Dec. 1. This year the number and scope of amendments that will take effect Dec. 1 is modest.
It’s Renewal Time at IndyBar!
2023 is approaching — don’t miss out on a fantastic year with the IndyBar!
Trimble: Lawyers experience joy as in-person bar events return
During 2022, I have had the pleasure of attending several in-person bar association meetings, and one word can describe the mood of myself and those in attendance. That word is joy.
‘Ferocious rate’ of gifting as sunset nears for exemption: Transfer of assets spurred by coming cut in exemption, market downturn
Even though asset values and wealth are being squeezed in today’s economic environment of inflation, rising interest rates and possible recession, estate planning attorneys are looking beyond the current market conditions to the calendar.
Web Exclusive: Meet the judges: Floyd Co. Judge Maria Granger
In her 14 years presiding over Floyd Superior Court 3, Judge Maria Granger said she’s learned that listening is a superpower for any judge — and a skill she gets to practice and hone each day.
DTCI: Challenges are opportunities to become better lawyers
| Bradley J. Schulz and From DTCI
The practice of law and the zealous representation of clients demand that we, at times, take unpopular positions and make difficult decisions. This can cause considerable angst and sleepless nights.
Opponents take to court to block student loan debt relief program: Hoosier lawyer claims overreach of executive power but young lawyers say relief is much needed
Indiana attorney Frank Garrison is trying to block the Biden administration’s student loan debt relief program. While the legal action may do little to improve or weaken the reputation of lawyers, it also will likely have little impact on the program itself.
Hammerle on… “Emily the Criminal” and “The Territory”
Indianapolis criminal defense attorney Robert Hammerle gives us his take on “Emily the Criminal” and “The Territory.”
Retzner: Transferring Florida real estate: Proceed with caution
The first reaction when confronted with a client owning real estate outside Indiana is to transfer that property into a trust, LLC or other method. However, Florida’s property tax laws may yield a result that could be much worse than ancillary administration.
Disciplinary Actions: July 1-Sept. 30, 2022
Read a summary of disciplinary actions handed down by the Indiana Supreme Court during the third quarter of 2022.
Hoosier justices craft new framework for deposing execs: Indiana Supreme Court builds in elements for careful consideration of deposition requests
A lawsuit filed against the NCAA presented an issue of first impression and prompted the Indiana Supreme Court to develop a framework for trial courts to use when deciding discovery disputes involving executives or high-ranking officials in an organization.