Articles

Small-claims change of judge time limit further divides appellate courts

How long a small-claims court litigant has to request a change of judge is a question that divided a Court of Appeals panel Monday, where a majority found that an earlier appellate panel majority got it wrong. The dissenting judge authored the prior opinion, and said it shouldn’t be disturbed even if it may have been wrongly decided.

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Opinions Sept. 27, 2013, ILD

The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.

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2014 Leadership in Law nominations due today

The Indiana Lawyer invites you to nominate a member of Indiana’s legal community for a 2014 Leadership in Law Award. Attorneys eligible for nomination as a Distinguished Barrister have practiced law a minimum of 20 years, while attorneys eligible for nomination as an Up and Coming Lawyer have been practicing 10 years or less.

Leadership in Law awards recognize lawyers who have shown a commitment to their clients, their communities, and the continued betterment of the legal profession. Serving as professional leaders, on boards and in civic organizations, and as mentors for young lawyers, honorees exemplify the best of the Bar. Nominations may be submitted by a colleague, community member, or the nominee. The deadline for submitting nominations is Jan. 22, 2014.

More information about the Indiana Lawyer's Leadership in Law awards and submitting a nomination may be obtained here. A list of honorees from past years may be viewed here.
 

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Zoeller joins multi-state call for e-cigarette regulation

The Food and Drug Administration should restrict the sale and marketing of increasingly popular e-cigarettes, particularly to minors, Indiana Attorney General Greg Zoeller advocates in joining a letter signed by AGs from 36 other states and three U.S. territories.

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Opinions Sept. 26, 2013 ILD

Indiana Court of Appeals
Dagmar Enid Breeden v. James Breeden (NFP)
13A01-1303-DR-131
Domestic relation. Affirms transfer of full custody, care and control of minor child, J.M.B. to father, Breeden.

Indiana Tax Court did not release any opinions by IL deadline. The 7th Circuit Court of Appeals did not release any Indiana opinions by IL deadline.
 

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Opinions Sept. 26, 2013

Indiana Supreme Court
M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank
03S04-1211-CC-645
Civil collection. Reverses the trial court and remands. Rules the requirement in Indiana Code 6-1.1-24-3(b)  that a mortgage holder must request a copy of a notice that a parcel of property is eligible for tax sale does not violate the 14th Amendment’s due process clause. The Supreme Court upheld 20 years of precedent in finding the statute is constitutional.

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