At Indiana University, Purdue University, Notre Dame and elsewhere, specialized university technology and commercialization offices are taking an expanding role in protecting the intellectual property of academic research, innovations and inventions.
Current federal and state law generally defers to a parent’s judgment when it comes to grandparent visitation, with the United States Supreme Court ruling that the right to rear a child as desired is among the most fundamental rights of parents. But a bill filed this year in the Indiana Legislature would give both grandparents and great-grandparents another avenue to obtain standing to petition for visitation.
The advent of electronic filing has changed the way Hoosier attorneys do business. Tasks that once required lawyers and their staffs to sift through Bankers Boxes and drive to courthouses can now be completed with just a few keystrokes. As of the end of 2018, 85 of Indiana’s 92 counties had implemented voluntary e-filing, with many of those counties now requiring attorneys to file at least some documents electronically.
The dismissal of a suit brought against Indiana Court of Appeals Chief Judge Nancy Vaidik, the clerk of Indiana’s appellate courts and two Department of Correction employees has been affirmed, with a panel of the COA finding judicial immunity and insufficient facts bar the case from proceeding.
Finding the circumstances of an Orange County case to be “exceptional,” a majority of the Indiana Supreme Court has reduced a woman’s sentence and ordered that she be removed from the Department of Correction and instead placed in community corrections. A dissenting justice would have denied transfer of the case.
An Indianapolis attorney found guilty of converting client funds, falsifying attorney registration and lying to a court can no longer practice law in Indiana after the Indiana Supreme Court unanimously voted to disbar her.
In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.
Among the biggest issues the 2019 General Assembly will have to contend with is the Department of Child Services, which is still reeling after a tumultuous year that saw a leader abruptly resign and a national group identify several shortcomings in the department’s operations. Gov. Eric Holcomb is calling on lawmakers to devote significant financial resources to the struggling department, and all four legislative leaders say their caucuses plan to make DCS a top priority.
The Indiana Supreme Court Disciplinary Commission addressed such questionable relationships in an advisory opinion that cautions Hoosier attorneys against “license rental” partnerships with out-of-state law firms or non-lawyer service groups. Through these partnerships, Hoosier attorneys lend their services to the out-of-state firm or non-lawyer group in exchange for a fee paid for limited client representation in Indiana.
Two Indianapolis attorneys accused of filing false declarations on behalf of their state clients in an inmate’s excessive force lawsuit are facing federal court sanctions for the alleged misconduct, though the attorneys claim the issues giving rise to the court’s concerns were the result of honest mistakes.
A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.
In what the Indiana House Speaker said is likely to be an “extraordinarily difficult” budget session, Indiana’s legislative leaders plan to focus their efforts during this year’s legislative session on budget-impacting legislation, such as funding for the embattled Department of Child Services and increasing teacher pay.
A woman whose finger was severed in an accident at an Elkhart County assembly plant must seek relief via the Indiana Worker’s Compensation Act after the Indiana Court of Appeals affirmed the dismissal of her negligence complaint against the company she worked for at the time of the injury.
The Indiana Supreme Court Disciplinary Commission is warning lawyers of the potential ethical pitfalls that can arise when Hoosier attorneys affiliate themselves with out-of-state law firms or non-lawyer legal services companies. Such relationships could allow the non-Indiana groups to offer legal services in the Hoosier state without actually having to be a member of the Indiana bar, the commission said.
As bar exam passage rates continue to decline and a majority of states move to a Uniform Bar Examination, the Indiana Supreme Court is taking steps to determine if the Hoosier state should follow suit and change its gateway test for admission to the Indiana bar.
Marion resident Tyson Timbs never expected to be the face of civil forfeiture reform at the United States Supreme Court. Several times during his five-year legal battle, Timbs wanted to throw in the towel. Sometimes, all he wanted was to put his past trouble with the law behind him. But he also said he wanted to fight against what he views as widespread unjust civil forfeiture practices.
A man convicted of leaving the scene of a vehicle crash he caused will have to pay about $65 less in restitution to the other driver after the Indiana Court of Appeals determined the second driver could not claim lost wages for the time she spent at the man’s sentencing hearing.
A man sentenced to life in prison after selling heroin that led to his customer’s death has lost his appeal of his sentence before the 7th Circuit Court of Appeals, which held that it could not provide relief to the man because of a prior 8th Circuit Court of Appeals ruling.
A northern Indiana recreational vehicle dealer who tried to avoid paying Indiana sales tax on out-of-state transactions by moving the RVs into Michigan before handing over the keys to customers must repay those taxes after a divided Indiana Supreme Court entered summary judgment in favor of the Indiana Department of Revenue.
Citing a need to further invest in Indiana’s civil legal aid infrastructure, the Indiana Supreme Court is asking the General Assembly to allocate an additional $1 million to the court in the next biennial budget to fund civil legal aid efforts.