New law gives Hoosier tenants some relief from eviction stigma
With the signing of House Enrolled Act 1214 into law, Hoosiers who have been evicted then struggled to overcome the stigma now have a way to scrub the “Scarlet E” from their records.
Marilyn Odendahl
Articles
Faith-based legal office again looking for leader
Stenciled on the back wall of the Expungement Help Desk run by the Neighborhood Christian Legal Clinic is a reminder that many who come looking to move forward with their lives often photograph and post on their Facebook pages. The message reads: “Don’t look back, you’re not going that way.” As it begins another search for a new executive director almost two years after hiring its previous leader, Amy Horton, the clinic may need to keep that affirmation in mind.
Waterlogged tenants fail to sink privity requirement at COA
Although the tenants of an office that flooded after a sprinkler system malfunctioned floated “compelling arguments” as to why the sprinkler company should reimburse their insurance carriers for the damage, the Court of Appeals of Indiana was anchored by precedent which holds that the requirement of privity still stands in the property-damage context.
Indiana law schools chart some reshuffling in national rankings
A change in methodology used to calculate the U.S. News & World Report’s 2023 law school rankings brought mixed results for Indiana’s legal education institutions.
AG Rokita reaches resolution with political pundit over press conference access
Indiana Attorney General Todd Rokita and political pundit Abdul-Hakim Shabazz have ended their public battle that began at a press conference about robocalls with a one-page motion to voluntarily dismiss the lawsuit and pay their own legal fees.
Justices allow patient to sue physician group, but split over ‘new standard’
Although the Indiana Supreme Court agreed a woman who was injured during physical therapy should be able to proceed with her complaint against her doctors, the justices split over the application of the Restatement (Second) of Torts Section 429, with one justice asserting the majority was applying a new standard that rendered Section 429 redundant.
3rd vacancy opening in Marion County Courts as Hawkins announces retirement
Marion Superior Judge Grant Hawkins, who has served more than 20 years on the bench, is retiring effective Sept. 30, becoming the third judge to leave the Marion County judiciary since December of last year.
State seeks to end lawsuit against Lake County judicial nominating process
In response to a lawsuit challenging judicial selection in Lake County, the state of Indiana is claiming the judicial nominating process does not violate the Constitution or federal voting laws and asserting the court should enter judgment in the case against the plaintiffs.
7th Circuit: Proper venue for Zimmer Biomet bribery trial is Mexico
Allegations that Zimmer Biomet Holdings Inc. engaged in a bribery scheme of Mexican government officials led to an “unusual twist” of Zimmer and the Mexican plaintiff each arguing against trying the case in their respective home courts, but the 7th Circuit Court of Appeals agreed with the medical device manufacturer that under the forum non conveniens doctrine, the case should be dismissed from the Northern Indiana District Court.
Council resolution is latest effort to upend merit selection in Lake County
The Lake County Council has joined the push to give local residents the ability to elect their superior court judges rather than have the governor select the community’s judicial officers.
COA: Unruly defendant did not have to be explicitly told he could attend trial if he behaved
A so-called sovereign citizen who was removed from his own trial because of his disruptive behavior, then tried to get his conviction overturned by arguing he was not told he could remain in the courtroom if he behaved, did not get any sympathy from the Court of Appeals of Indiana, which instead commended the trial court for its patience in handling such a difficult defendant.
Expungement provides no cure for physician, appellate court rules
Finding state statute does not require a professional license to be renewed after an expungement, the Court of Appeals of Indiana has upheld a refusal by the Medical Licensing Board of Indiana to amend the disciplinary records and lift the sanctions imposed on a physician who was convicted of a misdemeanor.
In-house legal departments expecting labor and employment disputes to drive surge in class actions
Separate analytical reports from the law firms of Carlton Fields and Seyfarth Shaw both found work-related issues are continuing to convince employees to take their bosses to court. As a result, class action defense spending is anticipated to keep accelerating after crossing the $3 billion threshold for the first time in 2021.
Making litigants’ voices heard: Indy attorney Sniderman takes on additional role helping recruited counsel represent prisoners
Attorney Mark Sniderman is taking his respect for the client’s story to his new role as consulting attorney for the United States District Court for the Southern District of Indiana’s Recruited Counsel Program. He will continue his private practice and serve in this new position, which started Feb. 1, on an as-needed basis, providing materials and offering guidance to attorneys in the program.
Confusion, dismay over decision to close Family Recovery Court
The Marion Superior Court Executive Committee has announced the family recovery court, which started in 2010, will be closing at the end of the month. Dwindling participation along with concerns about how the program was being operated have been cited as among the reasons for the decision to stop. But stakeholders and graduates say the closure will have a devastating impact, rippling beyond the participants to their children and extended family members.
Workers at Mooresville brick plant trying to overturn ‘successor bar’ doctrine in decertification fight
Mooresville brick makers unhappy with their union are asking the National Labor Relations Board to override the decision of the regional director and allow them to take a decertification vote.
7th Circuit cannot reconcile ALJ’s contradictory findings, remands denial of benefits
Holding the administrative law judge failed to “clearly and rationally” articulate the reason for her finding that an Indiana woman who could sit for no longer than 15 minutes at a time would be able to perform a sedentary job, the 7th Circuit Court of Appeal remanded the case to the Social Security Administration for another review.
Homeowners association, property managers settle discrimination lawsuit
An Indianapolis homeowner has reached a $262,500 settlement with her homeowners association and a property management company over allegations of harassment and discrimination.
Reporter tells court 1st Amendment lawsuit will end if AG Rokita has ‘change of heart’
Abdul-Hakim Shabazz, the political pundit who is suing Indiana Attorney General Todd Rokita after being barred from a press conference about robocalls, is trying to keep his lawsuit alive by telling a federal court that the state’s top lawyer is ignoring “the foundational role that a free, uninhibited press performs in our society.”
7th Circuit: Convicted CEO Burkhart doomed by evidence, not Barnes & Thornburg’s conflict of interest
Although the 7th Circuit Court of Appeals agreed the legal counsel had a conflict of interest when defending James Burkhart against federal fraud charges, the disgraced CEO of American Senior Communities failed to show he suffered as a result.