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Opinions August 13, 2013

Opinions Aug. 13, 2013

Indiana Court of Appeals
Rollett Family Farms, LLC. v. Area Plan Commission of Evansville-Vanderburgh County, Vanderburgh County Board of Commissioners, and Vanderburgh County Recorder
82A01-1301-PL-43
Civil plenary. Affirms trial court judgment denying claims that “lots of record” for boundaries of river camps could be established based on the testimony of longtime residents. The lack of official documentation defeats the plain meaning of the words “of record,” requiring some sort of official documentation in the public record, the panel ruled.

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Speedway man charged with threatening judge, attorney

A Speedway man accused of posting online death threats against a judge, an attorney and others has been charged in federal court, according to a statement from the office of Joe Hogsett, U.S. attorney for the Southern District of Indiana.

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IndyBar: Nominate a Colleague for an IndyBar Recognition Award

Do you know of a deserving IndyBar member who has worked hard for the community? Nominate him or her for an IndyBar award! Nominations are being accepted for the following IndyBar awards: the Dr. John Morton Finney Jr. Award for Excellence in Legal Education and the IndyBar Pro Bono Awards, which are presented in five categories: Practicing Attorney, Aiding Individuals; Practicing Attorney, Aiding Entities; Law Firm; Law Student and Paralegal. Go to www.indybar.org for a nomination form. Nominations are due September 30, 2013.

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Blomquist: Valuing Our Judiciary

I am writing this President’s column in San Francisco at a meeting of the National Conference of Bar Presidents. Yes, there is an association of us, frightening though that may seem, yet I unapologetically say it is a good thing. This association helps bar leaders and executives analyze and confront the unique challenges we have as our legal worlds collide, whether it be defining (and paying for) the ideal legal education in 2013, triaging the challenges of our underfunded courts, the changing professional landscape for today’s (and tomorrow’s) practitioners or the very real access to justice issues apparent by the increasing percentage of individuals and businesses who just cannot afford to hire a lawyer anymore to solve their problems.

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IndyBar: Memories Of Joe Russell

While still shocked from Joe’s death, having spent the day before and the morning of his death with him, I am trying to adjust my own perception of life based on Joe’s premature departure.

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Teachers union could pay $14M to schools under settlement

The state’s largest teachers union and its national parent organization have agreed to pay $14 million under a tentative settlement announced Tuesday morning by Indiana Secretary of State Connie Lawson and Indiana Securities Commissioner Chris Naylor.

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In Brief – 8/14/2013

The IL Daily delivers legal news to your email inbox. In case you missed it, following is a recap of some of the stories reported online since the last issue of Indiana Lawyer. Subscribe to IL Daily to receive this news as it happens.

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DTCI: Indiana high court upholds punitive damage caps

The Indiana Supreme Court recently upheld caps on punitive damages and the procedure for allocating punitive damage awards. In State v. Doe, 987 N.E.2d 1066 (Ind. May 14, 2013), the court upheld the statute capping punitive damage awards at the greater of three times the amount of compensatory damages or $50,000. Ind. Code § 34-51-3-4. The court also upheld the statute requiring the plaintiff receive 25 percent of the punitive damages award while 75 percent goes to the Violent Crime Victim Compensation Fund. Ind. Code § 34-51-3-6. The punitive damages statute provides that the jury not be apprised of the caps or the 25-75 allocation. Ind. Code § 34-51-3-3.

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DTCI: He’s No Creditor of Mine

The scenario is this: Your client is one of several members in a Multi-Member Indiana Limited Liability Company. Although business is good, your client learns that one of his co-members has creditors with a judgment against him and the judgment creditor now looks to the debtor-member’s LLC interest for collection. This article is designed to briefly examine the rights of the respective parties.

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