On The Move – 4/13/12
See who’s joined Indiana firms, been appointed to boards or recently honored.
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Start Page: Follow 5 email commandments to streamline use
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Gene patent case back at Circuit court
Myriad Genetics, Inc. reported on March 26 that the United States Supreme Court remanded The Association for Molecular Pathology, et al., v. Myriad Genetics, Inc., et al., No. 11-725, to the Federal Circuit Court of Appeals. The Federal Circuit will now reconsider its July 29, 2011, decision, which upheld Myriad’s patents on two breast cancer genes – known collectively as BRCA 1/2
Republic airlines file federal suit against pilots union
Three airlines operated by Indianapolis-based Republic Airways Holdings Inc. are suing a pilots union over a website they say is damaging their reputation and hindering efforts to hire pilots.
Dean’s Desk: Effective legal education depends on strong partnerships
To be effective and relevant, law education must provide students with a bridge to a legal career. Building this bridge between law schools and law practice calls for strong and successful partnerships among law schools, practicing lawyers and other professionals. At Indiana University Maurer School of Law, we are committed to the pursuit of these partnerships.
Teaching students civics lessons
Indiana programs like mock trial and yVote! educate youth on the courts and government.
Justice Frank Sullivan leaving bench to teach
Sullivan’s departure marks the Indiana Supreme Court’s third vacancy in two years.
Lawyers part of ‘super-commuter’ trend
Those who travel long distances for work say time management is critical.
Opinions April 9, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline. 7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.
Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.J., and R.J., III; and V.A., and R.J. v. Marion Co. Dept. of Child Services and Child Advocates (NFP)
49A02-1108-JT-804
Juvenile. Affirms termination of parental rights for mother and father.
Justin Thomas v. State of Indiana (NFP)
49A02-1107-CR-660
Criminal. Holds that Thomas has not proven that a judge’s inquiry into venue constituted a fundamental error. Remands in part to correct abstract of judgment, holding sentences for both dealing in and possession of marijuana violate double jeopardy standards.
Steven W. Stockwell v. State of Indiana (NFP)
84A01-1108-CR-392
Criminal. Affirms trial court’s order revoking probation, holding Stockwell voluntarily, knowingly and intelligently waived his right to counsel at a probation violation hearing.
Lonnie Johnson v. State of Indiana (NFP)
15A05-1109-CR-475
Criminal. Affirms sentence for Class C felony robbery.
Mychael Nance v. State of Indiana (NFP)
49A05-1108-CR-418
Criminal. Affirms trial court’s denial of motion to suppress evidence, holding that a warrantless search was justified, because police believed Nance’s home had just been or was being burglarized at the time they arrived.
Allen R. Stout, et al. v. Linda Zabona (NFP)
92A03-1105-CT-203
Civil tort. Affirms jury verdict and award of damages in favor of Zabona. Affirms jury’s verdict against Stout and other defendants on breach of contract and fiduciary duty.
Opinions April 9, 2012
Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.J., and R.J., III; and V.A., and R.J. v. Marion Co. Dept. of Child Services and Child Advocates (NFP)
49A02-1108-JT-804
Juvenile. Affirms termination of parental rights for mother and father.
Indiana Supreme Court accepts one case; denies transfer to seven
Indiana’s high court has granted transfer in a case that left the Court of Appeals divided.
ACLU appoints interim director
The American Civil Liberties Union of Indiana has named longtime board member Frank Young as interim executive director.
Prosecutor’s office to hold child abuse prevention forum
The Marion County Prosecutor’s Office will hold a child abuse prevention forum from 10 a.m. to noon April 14 at Ivy Tech Community College, Illinois Fall Creek Center Building, Community Room, 50 W. Fall Creek Parkway North Drive, Indianapolis.
Opinions April 6, 2012 ILD
Indiana Supreme Court, Indiana Tax Court and Indiana Court of Appeals issued no opinions Friday.
Opinions April 6, 2012
7th Circuit Court of Appeals
Beverly K. Copeland, et al. v. Penske Logistics LLC; Penske Logistics, Inc.; and Chauffeurs, Teamsters, Warehousemen and Helpers Local Union Number 135
11-1955
U.S. Ditrict Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. In hybrid breach-of-contract/duty-of-fair representation suit, affirms District Court’s grant of summary judgment in favor of the defendants in the matter of fair representation. Citing lack of subject matter jurisdiction, remanded for dismissal of the claim that the union failed to engage in good faith bargaining.
7th Circuit holds dispute is a matter for national labor board
The 7th Circuit Court of Appeals held that only the National Labor Relations Board has authority to hear a complaint from employees who brought a hybrid suit against an employer and labor union.
IU McKinney dean named to Court of Arbitration for Sport
Indiana University Robert H. McKinney School of Law Dean Gary R. Roberts has been appointed to the Court of Arbitration for Sport (CAS). CAS is independent of any sports organization and provides services to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to specific sports.
COA judge applications due May 9
The Indiana Judicial Nominating Commission has announced its timeline for selecting the replacement for Judge Carr Darden, who is retiring this summer from the Indiana Court of Appeals.
U.S. Copyright Office counsel to speak at IU Maurer
A senior-level attorney for the United States Copyright Office will deliver a public talk on April 9 at Indiana University Maurer School of Law.