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Articles
Boulukos: Guiding clients through an executive intervention
When an executive’s substance abuse triggers a personal and professional free fall, colleagues may be slow to recognize that the bottom is coming – and fast. At some point, and hopefully before permanent damage has been done, the fact that the leader has become a liability is impossible to ignore.
Fort Wayne case may force SCOTUS to define who qualifies as a minister
Since the Supreme Court of the United States weighed in on “ministerial exception” in January 2012, cases have been percolating across the country spurred by religious institutions claiming the exception as protection against employee discrimination lawsuits.
Hammerle On … ‘3 Days to Kill’ and ‘Non-Stop’
Bob Hammerle reviews two action movies where the heroes are aging, alcoholic men with lost hopes and dreams. Is there any question why both are male trial lawyers’ dream films?
When non-competes don’t fly
Aviation mechanic Joe Guinn lost a job when his former employer sought to enforce a non-compete clause, but he won an appellate ruling that the company may have engaged in tortious interference with his subsequent employer.
Indiana legal community mourns deaths of 2 attorneys
The Indiana legal community recently mourned the deaths of two well-known attorneys, Stephen Johnson and the Rev. Thomas Murphy.
Copyright infringement spurs knife fight in Warrick County
A copyright infringement dispute between two out-of-state companies has spurred criminal charges in Warrick County, a place where neither business has facilities, employees or quite possibly ever visited before these charges were brought.
Hockey offers lawyers camaraderie and stress relief
Jeff Fecht, a partner at Riley Bennett & Egloff LLP, says being an attorney is a stressful job, but when he gets on the ice, all that stress melts away.
Judge Tinder’s retirement plans leaked
7th Circuit Court of Appeals Judge John Tinder plans to retire from the 7th Circuit bench when he turns 65 next February – news that became public in early March after a clerk applicant shared a letter from Tinder with the legal blog Above the Law, which posted the letter.
Attorney documents Irish ancestor’s Civil War sacrifice
Frost Brown Todd LLC attorney Kevin Murray grew up hearing his grandmother tell of his great-great-grandfather’s valor. But only recently did Murray come to fully appreciate his ancestor’s sacrifice.
ADA violations in bar admission catch attention of Indiana BLE
The U.S. Department of Justice has found Louisiana discriminated against bar applicants with mental health problems.
Federal Bar Update: ND requires e-filing; SD launches hyperlink pilot
Effective Feb. 24, all new complaints and removals in the Northern District of Indiana must be e-filed.
DTCI: What happened to practicing ‘civil’ litigation?
It is unusual to open a lawyers’ magazine without seeing an article about civility. What happened to “civil” litigation? It must be like the weather – a lot of people are writing about it, but no one seems to be doing anything about it.
Inside the Criminal Case: Can a defendant be convicted for being ‘annoying?’
In 2012, the General Assembly amended Indiana’s public intoxication statute to provide, in part, that a person was guilty of public intoxication if the individual is intoxicated “in a public place” and “annoys … another person.” Indiana Code §7.1-5-1-3(a)(4). But what constitutes “annoying?”
Indiana Court Decisions – Feb. 19 to March 4, 2014
Read recent appellate decisions from Indiana courts.
Opinions March 10, 2014 ILD
Indiana Court of Appeals
Jerimaine Carter v. State of Indiana (NFP)
49A05-1307-CR-345
Criminal. Affirms Carter’s sentence to concurrent terms of 34 years for attempted murder as a Class A felony, with 32 years served at the Indiana Department of Correction and two years served on community corrections; one-and-a-half-years for resisting law enforcement as a Class D felony; and one year for carrying a handgun without a license as a Class A misdemeanor.
Darod A. Wheeler v. State of Indiana (NFP)
03A01-1310-CR-462
Criminal. Vacates judgment and remands with instructions to reinstate the Nov. 13, 2012, sentencing order and modify it with the appropriate credit time. The November order included that Wheeler be required to serve three years of his previously suspended sentence in the Indiana Department of Correction. The trial court had amended that order to four years and four months in the DOC. The trial court explained it amended the sentence in order to give Wheeler enough time to participate in a substance abuse program in the DOC.
In the Matter of L.W. and J.W., Children in Need of Services, and J.W. (Father) and L.W. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1308-JC-700
Juvenile. Reverses the trial court’s adjudication of L.W. and J.W. as children in need of services. Finds that the Marion County Department of Child Services failed to meet its burden demonstrating that coercive intervention of the court was necessary.
Juan Williams v. State of Indiana (NFP)
49A05-1307-CR-373
Criminal. Affirms conviction for battery as a Class A misdemeanor.
Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.
Opinions March 10, 2014
Indiana Court of Appeals
Jeff L. Ewing and Renee Ewing, Household Finance Corporation III v. U.S. Bank, N.A., as Trustee for the Structured Asset Securities Corp., Series 2005-GEL4
50A03-1308-MF-327
Mortgage foreclosure. Finds summary judgment in favor of U.S. Bank was appropriate. Also affirms U.S. Bank’s motion to dismiss the Ewings’ supplemental complaint for failure to state a claim upon which relief could be granted. The Ewings argued the bank failed to act in good faith during the settlement discussions as required by the Alternative Dispute Resolution rules. The COA held the settlement talks were not a mediation, so the A.D.R. rules did not apply.
Information used to obtain search warrant splits Court of Appeals
Although the statements from three individuals were hearsay and initially led law enforcement to enter the wrong apartment, a split Indiana Court of Appeals found, collectively, the information supported probable cause.
Senate to honor McKinney law professor Lawrence Jegen
A longtime Indiana University McKinney School of Law professor will be honored in the General Assembly today for an influential career spanning more than 50 years.