No ineffective counsel, habeas relief for man convicted of rape, domestic battery in state court
A man convicted of rape and battery against his ex-girlfriend in state court has failed in his bid to win habeas relief at the federal level.
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U.S. Supreme Court to hear case that could affect Indiana pork farmers
The U.S. Supreme Court said this week that it has agreed to hear a case brought by the National Pork Producers Council and the American Farm Bureau Federation against California’s Proposition 12, which could have an impact on Indiana’s 3,000 pork producers.
Indianapolis man gets 10 years for violent actions during Oregon protests
A man from Indiana accused of hurling Molotov cocktails at police in Portland, Oregon, and breaking windows during 2020 protests against police brutality was sentenced to 10 years in prison.
Indiana governor visits refugees as state cuts Russian ties
Indiana’s state government is selling off nearly $150 million of Russian-related investments as the governor said he’s looking at ways the state could help Ukrainian refugees fleeing from the Russian invasion of their country.
Jackson wins GOP vote, nearly assuring Supreme Court seat
Maine Sen. Susan Collins said Wednesday she will vote to confirm Judge Ketanji Brown Jackson, giving Democrats at least one Republican vote and all but assuring Jackson will become the first Black woman on the Supreme Court.
Justices cast doubt on Texas immunity claim in vet’s lawsuit
The U.S. Supreme Court on Tuesday cast doubt on Texas’ claim that it can’t be sued by a former state trooper who says he was forced out of his job when he returned from Army service in Iraq.
US opens second COVID boosters to 50 and up, others at risk
Americans 50 and older can get a second COVID-19 booster if it’s been at least four months since their last vaccination, a chance at extra protection for the most vulnerable in case the coronavirus rebounds.
DTCI: Admitting past medical expense evidence when plaintiff’s counsel does not: An update
In August 2019, this writer co-authored in these pages a discussion of admitting past medical expense evidence when plaintiff’s counsel elects not to do so. Two years later, the Indiana Court of Appeals has spoken on the issue.
Money troubles: Federal judiciary issues new policies for financial disclosures
Given that what federal judges do with their money outside the courthouse has raised questions about whether they are ruling in favor of their financial interests inside the courtroom, the federal judiciary is making changes that members of the legal community and court observers say are good but do not go far enough.
Braish and Phillips: Looking for pro bono opportunities? Consider TPS clinics
If you are looking for meaningful pro bono work without a long-term time commitment, consider hosting a TPS clinic. TPS, or temporary protected status, is a mechanism by which the executive branch can give migrants from certain unsafe countries the right to live and work in the United States for a temporary period of time.
DTCI: IPLA’s domestic distributor rule: What is a principal distributor?
In a case involving an allegedly defective product manufactured outside the United States, the manufacturer may quickly file a motion to dismiss for lack of personal jurisdiction. Alternatively, it may be impossible to secure service upon an overseas manufacturer of a product. In either situation, an attorney who happens to represent a U.S. distributor of the product may be wondering if the U.S. client will be left holding the bag for a manufacturing defect (i.e., strict liability) if the manufacturer is dismissed.
‘No means no’ law updated: Rape law still lags on defining consent, rape by fraud
A new change expanding Indiana’s more than 200-year-old rape statute has garnered praise from advocates of sexual assault survivors and prosecutors alike for spelling out different ways that “no means no.” But even some proponents of the change say the law still lacks an explicit definition of “consent.”
Keeping the culture: New Lewis Wagner managing partner leads by example
Richard Blaiklock has never been one to shy away from hard work. The longtime business litigator will now take that attitude and work ethic into his new, three-year term as managing partner of Lewis Wagner LLP.
Hammerle on… “tick, tick … BOOM!,” “The Batman” and Ukraine and Vietnam
Indiana criminal defense attorney Bob Hammerle gives us his take on “tick, tick … BOOM!” and “The Batman,” plus the parallels he sees between the current war in Ukraine and the Vietnam War.
Hurley and Mappes: Trade secrets, noncompetes and remote work: Part II
The trend of increased scrutiny over noncompete enforceability, coupled with the uptick in remote work, make it all the more important for companies to revisit the “reasonable efforts” in place to protect their trade secrets.
New law gives Hoosier tenants some relief from eviction stigma
With the signing of House Enrolled Act 1214 into law, Hoosiers who have been evicted then struggled to overcome the stigma now have a way to scrub the “Scarlet E” from their records.
Indiana Court Decisions – March 10-23, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Nguyen: ‘Requisite national fame’: A look at trademark dilution
Trademark dilution law appears to be losing its significance. Another perspective, however, proposes the major drop in trademark dilution suits confirms the trademark dilution statute serves its purpose perfectly.
Hiler and Metzger: Putting a price tag on intellectual property
This article will highlight the three generally accepted methods used to value IP. While using a single method will not be definitive, together these methods may provide an effective perspective on the value of IP.
Hartz: What’s intellectual property got to do with war in Ukraine?
Do you or your clients have operations or sales in Russia? It is not a popular place to be doing business right now. The physical conflict in Ukraine has spread to economic and political countermeasures, including various private companies voluntarily withdrawing from the Russian market. But the Russian government is striking back at U.S. and other companies who are pulling out of the market by modifying the Russian intellectual property systems.