Court rules on early retirement benefits case
Employees who accept early retirement even in the worst economic times aren’t entitled to continued unemployment assistance, the Indiana Court of Appeals ruled today.
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Rules being reviewed on temporary out-of-state attorney admission
The Indiana Supreme Court is reviewing the rules on how out-of-state attorneys receive temporary admission to practice law before state administrative executive agencies.
7th Circuit upholds qualified immunity for DCS workers
Although sympathetic to a couple whose child was temporarily removed from the family’s home on child abuse concerns – a removal that was subsequently found not to be supported by probable cause – the 7th Circuit Court of Appeals affirmed summary judgment for Department of Child Services employees on qualified immunity grounds.
2 U.S. attorneys retiring, replacements named
Joseph H. Hogsett, U.S. attorney for the Southern District of Indiana, has announced replacements for the two members of the office’s management team who are retiring next month.
Judges split on whether 2 insurers must pay for damage
An Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of the responsible party’s insurers had to pay for the property damage.
High court takes 4 cases
The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.
Welcoming the new tax judge
Martha Blood Wentworth took her oath of office and received her robe at an investiture ceremony March 8.
Lawmaker asks General Assembly to study creation of state patent law
An Indiana lawmaker wants to explore whether the state should create its own patent law, focusing on specific business method processes that aren’t covered by the federal patent system.
Disciplinary Actions – March 16, 2011
Read about recent disciplinary actions ordered by the Indiana Supreme Court.
Habeas proceeding stays execution
A federal judge has postponed the April execution of a St. Joseph County man convicted of killing his wife, her ex-husband, and her son.
High court taking public defender applications
The Indiana Supreme Court is now accepting applications for state public defender. The current state public defender, Susan Carpenter, is retiring in May.
AG wants trustee for casino revenue
Two days of court mediation are scheduled in mid-April for the long-running litigation concerning East Chicago casino revenue and economic development agreements, but the Indiana attorney general wants the city council to consider setting up a trusteeship for the millions of dollars generated through those agreements.
No bankruptcy abuse by ex-mayor
Reversing her earlier decision, U.S. Bankruptcy Trustee Nancy Gargula in the Northern District of Indiana determined March 7 that former East Chicago Mayor Robert Pastrick’s income is not too high to qualify for Chapter 7 bankruptcy and his filing should not be considered to be an abuse of the process.
Court declines Medicaid appeal
A divided Indiana Supreme Court declined to accept a case asking whether Medicaid rejected applicants can include information on appeal that wasn’t included in their initial applications.
Bar Crawl – March 16, 2011
The Evansville Bar Association will celebrate Law Day 2011 in late April. On April 28, mock trials and a student lunch will take place; Applications for an October 2011 to October 2013 term on the Indiana State Bar Association board of governors are due April 1.
Encouraging diversity in CASA programs
Having volunteers and staff who can relate to families that interact with Court Appointed Special Advocates programs has proven invaluable to a number of county-level CASA programs in Indiana. Indianapolis-based Child Advocates Inc. received the National CASA Inclusion Award for its inclusion and diversity plan March 20 at the National CASA conference in Chicago.
New Southern District magistrate named
An Indianapolis employment law attorney has been chosen as the newest U.S. magistrate judge for the Southern District of Indiana.
Misdemeanant challenges voting lockout
When a former town council member in northern Indiana was sentenced to county jail for two months on a misdemeanor battery conviction, he didn’t realize that experience would take away his right to vote.
Indianapolis lawyer is trustee on multi-state livestock bankruptcy case
Before taking on a livestock bankruptcy case stretching into multiple states and encompassing millions of dollars, Indianapolis attorney James Knauer hadn’t had much exposure to the cattle industry.
7th Circuit reverses on relation back issue
A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.