Dreyer: ‘The future ain’t what it used to be’
When Yogi said “the future ain’t what it used to be,” he was talking about uncertain times to come. So what is the future of the legal system?
Courts
Articles
Lindman: Trademarks in the Supreme Court: 2019-2020
One could assume that significant issues in federal trademark law were decided long ago; yet, the Supreme Court issued two trademark decisions in 2019 that fundamentally impact trademark protection and has granted certiorari in three trademark cases for the 2019-2020 term.
Lawsuits hatch from egg contract that spoiled
Less than a month after an Indiana jury delivered a $1.46 million verdict against Evansville-based Rexing Quality Eggs, the contract dispute was still going, with the parties arguing at the 7th Circuit Court of Appeals over the return of plastic egg packing materials.
Willful wrong? SCOTUS to resolve circuit split on profits
Among the circuit courts of appeal, there is an even split between the 1st, 2nd, 8th, 9th, 10th and Washington, D.C., circuits and the 3rd, 4th, 5th, 6th, 7th and 11th over whether the Lanham Act requires “willful” infringement before a plaintiff can recover profits. The United States Supreme Court is set to bring clarity to the circuit split when it hears arguments in Romag Fasteners Inc. v. Fossil Inc., 18-1233, next month.
Courts as conveners: Task force led by Rush releases recommendations for judicial response to opioid crisis
The National Judicial Opioid Task Force was created in 2017 to delve into ways the judiciary could get a handle on the opioid crisis. Co-chaired by Indiana Chief Justice Loretta Rush, the task force’s work culminated late last month in the release of a report that includes four findings and six recommendations for how courts can respond to the current drug scourge and be better prepared for the next addiction crisis.
Indiana Court decisions – Nov. 20-Dec. 4, 2019
Read Indiana appellate court decisions from the most recent reporting period.
IndyBar: Give Yourself the Gift This Holiday Season!
This year, give yourself the gift. Give yourself the gift of a break, a little bit of sanity and some much-needed time with friends and family.
‘Generic’ trademark battle set for SCOTUS
Booking.com is facing a not-so-easy legal battle in a lengthy effort to make its name a protectable trademark.
Patent U.: Universities’ investment in patentable research reaps more revenue, litigation
As universities investment more resources in the development of patentable technology, they also run an increased risk of litigation.
Uhl and Bose: Domino’s effect: SCOTUS skips clarifying ADA web access
Businesses are increasingly facing lawsuits under the Americans with Disabilities Act (ADA) regarding whether their websites are accessible to persons with disabilities. Recently, the United States Supreme Court declined an opportunity to address the law applicable to such claims, leaving businesses with little clarity as to what potential exposure they face.
Web Exclusive: Hoosier lawyers see benefits, costs in 4-day work week
A personal injury firm in Orlando has adopted a four-day work week. Some Hoosier lawyers say they’ve considered following suit, while others don’t think a four-day week is feasible for legal professionals.
‘Kid from a cornfield’: Goff brings community mentality to Supreme Court bench
He describes himself as “a kid from a cornfield.” And for Justice Christopher Goff, ties to his cornfield community run deep.
Appeals court affirms TPR despite trial court’s error
A trial court’s error in denying a mother’s motion to separate witnesses during her termination of parental rights hearing was harmless, and therefore reversal was not mandated, the Indiana Court of Appeals has ruled.
Tax Court upholds Elkhart CVS store assessment
A CVS pharmacy store in Elkhart could not persuade the Indiana Tax Court to rule in its favor in an appeal of the Indiana Board of Tax Review’s final determination of its property value.
Justices certify 4 new senior judges
The Indiana Supreme Court has certified four judicial officers as new senior judges for the upcoming year.
US Supreme Court rejects Arizona opioid case
The U.S. Supreme Court on Monday rejected a request by Arizona’s attorney general to force the Sackler family, which owns OxyContin-maker Purdue Pharma, to return billions of dollars they took out of the company.
COA affirms for snow removal service in slip-and-fall case
The Indiana Court of Appeals has affirmed a snow removal company sued by a woman in a slip-and-fall case was not required to apply salt to an apartment complex’s premises absent a specific request that it do so.
COA reverses murder conviction in trailer fire over suspect’s statements
The Indiana Court of Appeals has reversed a man’s murder conviction stemming from a trailer fire. The appellate court concluded the man was incorrectly denied his motions to suppress incriminating statements made to police after he indicated he was done talking to them.
COA affirms quiet title judgment for property-line dispute
The Indiana Court of Appeals has affirmed a decision ordering a man to tear down a fence he installed outside of his property line that enabled him to block an alleyway with his vehicle.
SCOTUS leaves Kentucky’s pre-abortion ultrasound law in place
The Supreme Court of the United States on Monday left in place a Kentucky law requiring doctors to perform ultrasounds and show fetal images to patients before abortions. The decision comes as a ruling is expected from the high court on a more restrictive Indiana abortion ultrasound law that was struck down last year.