Disciplinary Actions – 6/19/13
Read who’s recently been suspended by the Indiana Supreme Court.
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Articles
Fines will stand in legislative walkout case
The Indiana Supreme Court has ruled the dispute over fines imposed on lawmakers resulting from Democratic walkouts during the 2011 and 2012 legislative sessions is outside of the court’s authority to render a decision.
Nearly 200 law students pass the February 2013 Indiana Bar Exam
The Indiana Lawyer congratulates the individuals listed on passing the February 2013 bar exam.
Indiana applicants can use laptops to take bar exam
While the state Board of Law Examiners considers making substantive changes to the Indiana Bar Exam, technology has already ushered in a change to how the test is taken. February 2012 applicants were the first allowed to use their laptops on the first day of the exam. They could type their essays as opposed to handwriting their thoughts in the traditional blue book.
SCOTUS: isolated, naturally occurring DNA segment can’t be patented
A naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the United States ruled June 13. DNA that is not a product of nature may be patent eligible, however.
SCOTUS ruling emboldens lawmakers to expand DNA collection
This time next year, Indiana may join the majority of states that collect DNA samples from people arrested on suspicion of committing felonies, rather than only from those convicted. Lawmakers who’ve been stymied are encouraged by a Supreme Court of the United States decision upholding the practice.
Large ‘pay-to-delay’ payments may become history after U.S. Supreme Court ruling
A decision handed down by the Supreme Court of the United States Monday could end the practice of pharmaceutical companies paying competitors very large sums to keep their generics off the market.
Justices take trust case after hearing arguments
After hearing arguments June 6 in a dispute over the sale of a family farm, the Indiana Supreme Court has decided to take the case.
Monroe County attorney suspended following guilty plea
Attorney Phillip Chamberlain, who pleaded guilty to Class D felony counterfeiting in October 2012, has been suspended from the practice of law in Indiana.
ACLU of Indiana files class-action lawsuit against FSSA for changes to Medicaid waiver programs
The ACLU of Indiana has slapped the Indiana Family and Social Services Administration with a class-action lawsuit over the way the state agency operates two of its Medicaid waiver programs.
7th Circuit: Deputy was within rights to restrain feuding neighbor from evidence
When Tippecanoe Deputy Sheriff Jonathan Lendermon got between some long-feuding neighbors in 2009, one of them, Jason Findlay, suggested that he might have trespassed. It became clear to Lendermon the acknowledgement might have been recorded on video surveillance.
Justices affirm conviction but remand for new sentencing order
A man sentenced to 14 years in prison for his convictions on multiple felony gun and drug charges will still have to serve the time, but the court must revise the sentencing order to explain why one conviction was ordered to be served consecutive to the others.
Justices schedule high-profile arguments
Justices will waste little time getting to high-profile cases when they hear a new slate of oral arguments after Labor Day. The Indiana Supreme Court has scheduled 20 arguments beginning Sept. 5 and continuing for the next few months.
Conour still free though judge ‘deeply, deeply concerned’
Former leading personal-injury attorney William Conour remained free Thursday pending his wire fraud trial after a federal judge withheld ruling on the government’s bid to revoke his bond on claims that he dissipated assets against court orders.
SCOTUS rules on Myriad BRCA1, BRCA2 patent case
A naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the United States ruled Thursday. DNA that is not a product of nature may be patent eligible, however.
COA rules in favor of tax sale bidder in dispute over property
The Indiana Court of Appeals ordered that tax deeds be reinstated and reversed summary judgment and a decree of foreclosure in favor of a bank in a combined appeal over foreclosed property in Elkhart County.
Mother should have used Admin. Rule 9 in attempt to change name anonymously
The Indiana Court of Appeals upheld the denial of a mother’s request to sidestep the notice requirements in her quest to change her name and the names of her two children anonymously because she wanted to avoid detection from her abusive partner. The appeals court noted that Administrative Rule 9 would have given her the opportunity to proceed anonymously.
Appeals court reinstates proposed med mal complaint
Finding that a Hendricks County court didn’t have jurisdiction to dismiss a man’s proposed complaint for damages under Trial Rule 41(E) or based on noncompliance under the Medical Malpractice Act, the Indiana Court of Appeals Wednesday reinstated the proposed complaint.
Judge’s dismissal of claim contesting forfeiture was on ‘unsound’ ground
The 7th Circuit Court of Appeals sent a man’s claim contesting forfeiture of nearly $200,000 found in his home during a police search back to the District Court for reconsideration. The judges ruled that the ground for dismissal given by the judge, as well as the alternative ground argued by the government, were “unsound.”
Jury to decide whether woman was fired for being pregnant
The 7th Circuit Court of Appeals reversed summary judgment in favor of a company on a fired employee’s claim that her employment was terminated because she was pregnant, finding the company’s explanations for her firing were shifting, inconsistent, and/or facially implausible.