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A Warrick County man fighting the 2009 tax year assessment of his land received only a partial victory in the Indiana Tax Court Tuesday. The validity of his 2009 assessment will stand.
Finding a genuine issue of material fact as to when a company’s owners could have discovered that their plans investing in cash value life insurance were actually taxable, the Indiana Court of Appeals reversed summary judgment in favor of the consultant who advised the company’s owners to invest in those plans.
The Indiana Court of Appeals reversed the denial of a mother’s request to modify a custody order entered in 2007 when her children were in grade school, finding their participation in travel soccer leagues and the distance between the parents’ homes warrants a change.
The federal government shutdown has led to a stay of nearly all civil actions in the U.S. courts in Evansville, Indianapolis, New Albany and Terre Haute in which the federal government has an interest.
Interested parties across Indiana will be able to attend the upcoming meetings of the state’s new child commission via the Internet.
Democratic State Rep. Ed DeLaney has called for the state’s lawsuit against the Affordable Care Act to be thrown out of court “as quickly as humanly possible.”
A Jersey Mike’s Subs located in the now-closed College Football Hall of Fame in South Bend didn’t have the right to continue operating in the Hall of Fame building, according to the Indiana Court of Appeals’ interpretation of the operating agreement.
Three former employees of Eli Lilly and Co. allegedly transferred trade secrets that Lilly values at more than $55 million to a competing Chinese drug company, according to an indictment unsealed Tuesday in federal court.
Indiana Court of Appeals
Bradley R. Benard v. Review Board of the Indiana Department of Workforce Development and Rolls-Royce Corporation (NFP)
93A02-1303-EX-237
Agency action. Affirms the Unemployment Insurance Review Board’s finding that Benard was ineligible for unemployment benefits because he had been discharged for just cause.
Stephen G. Bentle v. State of Indiana (NFP)
15A05-1303-CR-131
Criminal. Affirms trial court’s imposition of Bentle’s previously suspended seven-and-a-half year sentence.
David Lee O'Banion v. State of Indiana (NFP)
71A04-1303-CR-124
Criminal. Affirms sentence of 45 years with 10 years suspended after O’Banion pleaded guilty but mentally ill to burglary as a Class A felony.
Jason Frye v. State of Indiana (NFP)
12A04-1301-CR-16
Criminal. Affirms conviction of six counts of Class D felony possession of child pornography.
D.H. v. State of Indiana (NFP)
71A03-1304-JV-137
Juvenile. Affirms juvenile court’s dispositional order that D.H. serve a two-year determinate term with credit for the seven months he spent at the Indiana Department of Correction between his first and second dispositional hearings. Rules the dispositional order did not violate Article I, Section 23 of the Indiana Constitution.
Phillip A. Evans v. State of Indiana (NFP)
84A01-1303-CR-105
Criminal. Affirms conviction and two-year sentence for intimidation, as a Class D felony, pursuant to a guilty plea.
Larry Warren v. State of Indiana (NFP)
49A04-1301-CR-25
Criminal. Remands for resentencing Warren’s appeal of an aggregate 80-sentence following his convictions for three counts of child molesting as Class A felonies and two counts of child solicitation as Class D felonies. Finds there is insufficient evidence to support two of the three aggravators the trial court used as the basis to enhance the sentence.
Andrew Bridgford v. Julie K. Bridgford (NFP)
73A01-1303-DR-111
Domestic relation. Dismisses Andrew Bridgford’s appeal of the trial court’s “Entry on Pending Motions” because he failed to substantially comply with the Indiana Rules of Appellate Procedure.
The Indiana Tax Court did not submit any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
Indiana Supreme Court
In the Matter of: Thomas M. Dixon
71S00-1104-DI-196
Discipline. The majority concludes in a per curiam ruling that statements made in support of a motion for change of judge did not violate Indiana Professional Conduct Rule 8.2(a) considering the entirety of the statements. Finds that the statements were relevant to, and required for, the relief sought. Justice Robert Rucker dissents, agreeing with the Disciplinary Commission hearing officer that the comments went beyond legal argument, became personal and therefore violated the rule.
An attorney who argued that a judge’s bias warranted her recusal from a case involving pro-life students arrested for protesting the announcement of President Barack Obama’s appearance at the University of Notre Dame was cleared of disciplinary charges Tuesday.
Fifteen Indiana school districts and the state of Indiana have filed a lawsuit challenging the federal health care law and subsidies that are available to Hoosiers under rules set by the IRS.
Join the Indiana Lawyer on Nov. 6 for a CLE exploring the intersection between family law and estate planning. Presented in partnership with Bingham Greenebaum Doll, the program will be chaired by James Reed and feature presentations by Amanda Krenson and Margaret Christensen. The program, which will run from 1 to 3:15 p.m., will offer two hours of CLE credit. One of those hours will be ethics credit.
RSVP deadline for the event is Oct. 30. Click here for more information or to register. This CLE program will be presented at the offices of Bingham Greenebaum Doll at 2700 Market Tower, Indianapolis.
After turning to the Indiana State Ethics Commission when a trial court ordered the evidence in a theft case suppressed, the state was reminded it “does not get a second bite at the apple.”
Four criteria added to the state’s public intoxication statute in 2012 presented the Indiana Court of Appeals with a question of first impression when it considered a man’s arrest for being drunk in a public place.
About 70 refugees from at least seven nations are expected to receive free legal help this weekend thanks to efforts of the Neighborhood Christian Legal Clinic, the Indianapolis Bar Association, Grace Community Church and other volunteers.
The Indiana Court of Appeals sharply rebuked a trial court as having “committed clear error” by relying on old evidence and testimony in terminating a Vanderburgh County couple’s parental rights.
The IndyBar Pro Bono Standing Committee, along with other legal and community organizations, will co-host two pro bono program trainings in the coming weeks. These trainings, which include continuing legal education credit, can be taken at no cost with a commitment to take on pro bono cases.
October is Pro Bono Awareness Month, so it makes sense for me to focus this column on pro bono work. Before your eyes glaze over and you start looking for pictures of people you know elsewhere in this publication, stick with me for a minute. Sure, there are the obvious warm and fuzzy “volunteer to save the world” arguments for practicing pro bono publico service, and if you know my professional history, you know I believe them all. I think I am as warm and fuzzy and altruistic as I can be while still making my mortgage payments. I believe that doing pro bono work increases your engagement, satisfaction and longevity in this profession and that in turns benefits us in all ways long term.