Latest News - The Indiana Lawyer

JLAP: Of course I heard you. What did you say?

July 8, 2020

I’m a lawyer, so I’m a good communicator, right? Or at least I have been conditioned to believe that. In my own practice, I listen and respond to arguments all the time. Reflecting on my personal interactions, I would like to think that I take the time to look and listen to the person I am speaking with. So what more could I do? Doesn’t this mean I’m a good listener? If attorneys are supposedly so good at communicating, do I know what am I actually communicating when I interact with colleagues, coworkers and clients?

Indiana Court Decisions – June 18-30, 2020

July 8, 2020

Read Indiana appellate court decisions from the most recent reporting period.

IndyBar: USPTO News: Expedited Review of Qualifying Pandemic-Related Trademark Applications

July 8, 2020 | From IndyBar

As of June 16, 2020, the United States Patent and Trademark Office (USPTO) has implemented a new examination program to expedite trademark applications related to COVID-19 in light of the current economic circumstances caused by the global pandemic.

IndyBar: Indiana Recording Law Change Effective July 1

July 8, 2020 | From IndyBar

As of July 1, 2020, all instruments which are to be recorded in the State of Indiana (deeds, mortgages, etc.) will need to comply with a modification to Indiana Code 32-21-2-3(a). Specifically, the Indiana General Assembly passed Senate Enrolled Act 340 during its 2020 session, which included a provision changing an “or” to an “and” in Indiana Code 32-21-2-3(a). The change invoked a requirement of common law “proof”, which is the requirement of a disinterested party to the transaction serving as a witness to the execution of an instrument.

Divided COA panel finds for woman wrongly told hepatitis test was negative

July 8, 2020 | Dave Stafford

A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated June 26 by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.

IndyBar President’s Column: A Salute to Dean Klein

July 8, 2020 | Andrew L. Campbell

Dean Andrew Klein routinely tells us that he isn’t going anywhere after his one-year sabbatical. He intends to return to the classroom at IU McKinney. Law students will be better off for it. He intends to continue to support the IndyBar and the IBF and, in turn, the Indianapolis legal community. Our profession will be better off for it.

IndyBar: Practical Tips to Bolster Your Legal Hold Notice

July 8, 2020 | From IndyBar

The IndyBar E-Discovery, Cybersecurity and Information Governance Section leaders Jennifer Tudor Wright and Katrina Gossett Kelly recently presented another successful and informative CLE entitled “Practical Tips to Bolster your Legal Hold Notice.” Jennifer and Katrina drew on their e-discovery experience and reviewed key elements of a legal hold notice, case law updates, confidentiality/privilege issues and additional considerations for attorneys and their clients.

7th Circuit: Caseworker didn’t retaliate against prisoner

July 7, 2020 | Katie Stancombe

An Indiana prisoner whose discipline conviction was overturned for lack of evidence did not persuade the 7^th Circuit Court of Appeals that his case manager later retaliated against him for activity protected by the First Amendment.

7th Circuit affirms drug conspiracy conviction

July 7, 2020 | Katie Stancombe

A man convicted in a drug conspiracy could not convince the 7^th Circuit Court of Appeals that he pleaded guilty to a lesser amount than what the government indicted him for.

COA affirms godmother’s conviction for assisting teen after murder

July 7, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a northern Indiana woman’s felony conviction for assisting her godson after he murdered his teenage girlfriend, finding she did so with the intent to hinder his punishment.

Justices reduce meth dealing sentence in split opinion

July 7, 2020 | Katie Stancombe

A divided Indiana Supreme Court has sided with an appellate judge’s dissent in a drug dealing case, lowering a woman’s decades-long sentence pursuant to Appellate Rule 7(B).