IN Supreme Court announces new Coalition for Court Access appointments
| IL Staff
The Indiana Supreme Court has appointed several new members to the Coalition for Court Access.
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Owen Co. prosecutor appointed to Circuit Court
| IL Staff
The Owen County prosecutor has been appointed to the Circuit Court bench in his county, Gov. Eric Holcomb announced this week. Donald VanDerMoore II has been appointed to Owen Circuit Court 1, succeeding Judge Lori Thatcher Quillen, who retired in January.
Stifel sues rival financial firm over mass exodus from Indianapolis office
St. Louis-based Stifel, Nicolaus & Co. Inc is suing a newly formed Indianapolis firm, Sapient Capital LLC, following what Stifel describes as Sapient’s “orchestrated raid” of Stifel’s 96th Street office.
Ex-U.S. Rep. Buyer of Indiana goes on trial over stock buys
Former U.S. Rep. Steve Buyer of Indiana went on trial Wednesday on insider trading charges, accused of illegally garnering stock windfalls by exploiting his consulting clients’ corporate secrets years after he left Congress.
New NCAA president says NIL rules could protect athletes
As Charlie Baker takes over as NCAA president, he brings a different way of thinking about one of the most important and polarizing issues in college athletics: regulating how student-athletes monetize their fame.
U.S. Supreme Court keeps wetland damage lawsuits in state courts
A lawsuit against oil and gas companies over damage to Louisiana’s wetlands will remain in state court, the U.S. Supreme Court said, rejecting an appeal by major energy companies who wanted to get the case moved to a federal court.
Supreme Court seems to favor Jersey in dispute with New York
The U.S. Supreme Court seemed ready Wednesday to allow New Jersey to withdraw from a commission the state created decades ago with New York to combat the mob’s influence at their joint port.
COA: Common law duty of good faith doesn’t extend to surety-obligee relationship
The common law duty of good faith that applies to insurance does not extend to the relationship between a surety company and bond obligee, the Court of Appeals of Indiana has ruled.
Opinions March 1, 2023
Court of Appeals of Indiana
Posterity Scholar House, LP v. FCCI Insurance Company
21A-PL-2731
Civil plenary. Affirms the Allen Superior Court’s grant of FCCI Insurance Company’s motion for partial summary judgment as to Posterity Scholar House’s tortious bad faith claim. Finds the relationship between a surety and its bond obligee does not reflect the “special relationship” on which the Indiana Supreme Court relied in Erie Ins. Co. v. Hickman, 622 N.E.2d 515 (Ind. 1993). Dismisses Posterity’s appeal of the trial court’s denial of its motion for partial summary judgment as to its breach of contract claim. Finds the Court of Appeals lacks jurisdiction over the breach of contract appeal.
Less than 1 week to submit 2023 Leadership in Law nominations
| IL Staff
Less than one week remains to submit nominations for Indiana Lawyer’s 2023 Leadership in Law Awards.
7th Circuit affirms summary judgment for insurer after sprinkler malfunction leads to $7M in fire damages
A Michigan insurance company does not have to cover losses of more than $7 million stemming from a July 2019 South Bend fire that destroyed a costume and theatrical supply retailer’s warehouse, the 7th Circuit Court of Appeals ruled Tuesday.
Senate advances bill banning gender-transition care for minors
The Indiana Senate voted 26-12 on Tuesday to approve a bill that would ban gender-transition health care for transgender minors.
Former Dubois County nonprofit leader accused of embezzling $156K
| IL Staff
The former executive director of a Dubois County children’s nonprofit has been indicted by a federal grand jury on 15 counts of wire fraud for allegedly embezzling more than $156,000 from the organization.
As court debates student loans, borrowers see disconnect
It’s not unusual for Supreme Court cases to hang on legal technicalities. Yet to borrowers following Tuesday’s arguments in the case regarding federal student loan forgiveness, it felt isolating to hear such a personal subject reduced to legal language.
Sports betting grows on campuses with few restrictions
College students are in the highest risk group for problem gambling, yet universities have been slow to create policies, educational programs or restrictions on sports betting.
Supreme Court hears dispute between New York, New Jersey
The U.S. Supreme Court on Wednesday is hearing a dispute between New York and New Jersey over New Jersey’s desire to withdraw from a commission the states formed decades ago to combat the mob’s influence at their joint port.
Hammerle on… “Pinocchio” and Oscars picks 2023
Indianapolis criminal defense attorney Robert Hammerle gives us his take on “Pinocchio” and his picks for the 2023 Oscars.
McCarty: Estate planning and social media after a death
Have you advised your clients about what will happen to their Twitter or Instagram accounts after they die?
IndyBar: Motorsports Law and Business Development Converge in Indy
| From IndyBar and Kyle Fairchild
TRAC is intended to bring attorneys from all facets of the racing and motorsports industry together in one place.
Gillaspie: What Rule 65(D) amendment means for practitioners and courts
A common question among practitioners is whether they may cite memorandum decisions issued by the Court of Appeals of Indiana. The answer to that question is controlled by Appellate Rule 65.