Jerrells: Thoughts on the Ad Hoc Tax Court Task Force report
Though naysayers may decry the costs of adding a magistrate, two additional judges, or both, it would be a small cost to avoid justice delayed and, therefore, justice denied.
Courts
Articles
Tax Court delays add years to cases
A recent report urges reforms after a study finds criticism among practitioners of long wait times for resolution of cases.
Indiana fights discrimination ruling against trial court
A federal court ruling that a Marion County court discriminated against a deaf man who was denied an interpreter for his court-ordered mediation is being appealed by the state, which argues he lacked standing to bring the suit under the Americans with Disabilities Act and state courts should be immune from such judgments.
Can records of civil forfeitures be expunged?
The Indiana Supreme Court is considering whether files on property judgments "relate to the person’s felony conviction."
New Coalition for Court Access aims to improve delivery of civil legal services
After establishing three committees to tackle the persistent problem of unrepresented litigants trying to maneuver their way through the state’s judicial system, the Indiana Supreme Court has decided to start over.
Southern District proposes mandatory pro bono program
Flooded by pro se litigants and under pressure from the appellate circuit to provide attorneys, the U.S. District Court for the Southern District of Indiana is proposing the adoption of a mandatory pro bono program to supplement its volunteer pool.
SCOTUS overturns infringement test for treble damages
In a consolidated case involving Indiana’s Zimmer Inc., the U.S. Supreme Court has tossed the standard test used to determine whether damages awarded in a patent infringement case should be tripled.
Novel FedEx drug-shipping case left to skeptical judge at trial
Proving to jurors that FedEx Corp. is a criminal because it delivered illegal prescriptions from Internet drug stores was never going to be easy. Convincing a federal judge who questioned the “novel prosecution” may be even tougher.
High court rejects request to block mercury rule
The Supreme Court of the United States has rejected an appeal from 20 states including Indiana seeking to block a federal rule targeting mercury pollution from taking effect while the government revises the rule to account for compliance costs.
Court upholds law aimed at domestic violence on tribal land
The U.S. Supreme Court on Monday upheld a federal law and its stiff prison terms aimed at people who have been convicted of repeated acts of domestic violence on Indian lands.
High court rules against Puerto Rico in debt case
Puerto Rico can't use a local law to restructure the debt of its financially ailing public utilities as it tries to overcome a decade-long economic crisis, the U.S. Supreme Court ruled Monday.
Slaughter sworn in as 109th justice
Geoffrey G. Slaughter was sworn in as an Indiana Supreme Court justice Monday morning in a brief, private ceremony, court spokeswoman Kathryn Dolan said. Chief Justice Loretta H. Rush administered the oath of office, allowing Slaughter, formerly a partner with Taft Stettinius & Hollister LLP, to begin deciding cases and handling administrative matters with his colleagues.
7th Circuit affirms government employees must resign after elected to office
The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.
Local Uber driver sues company over compensation issues
An Uber driver from Marion County has filed a class-action complaint against the ride-on-demand company, claiming that Uber treats its drivers like employees but classifies them as independent contractors in order to skirt labor laws.
Senate committee to vote on Ong nomination
The U.S. Senate Judiciary Committee is scheduled to vote June 16 on the nomination of Winfield Ong to be U.S. District judge for the Southern District of Indiana.
COA majority finds double jeopardy violations on rehearing
The Indiana Court of Appeals ruled on rehearing that a man’s two convictions for resisting law enforcement violated Indiana’s double jeopardy prohibition and remanded the case to trial court to vacate one of them.
Court affirms bank entitled to foreclose on mortgage
The Indiana Court of Appeals affirmed the foreclosure on a man’s mortgage after it found a mistake in making the deed for the property did not mean the man did not own it at the time of a modification agreement.
Hospitals that mess up are urged to confess
A new approach promoted by the federal Agency for Healthcare Research and Quality is explicitly aimed at saving hospitals money on malpractice litigation while encouraging more robust scrutiny of what went wrong.
7th Circuit upholds Fogle’s above-guidelines sentence
The 7th Circuit Court of Appeals affirmed former Subway pitchman Jared Fogle’s 188-month sentence Thursday afternoon for distributing and receiving, as well as conspiring to distribute and receive child pornography. Fogle challenged his sentence after the District Court imposed one above the sentencing guidelines.