Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
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Special task force going word-by-word through ADR rules
Although the privacy of mediation has been affirmed by the Indiana Supreme Court, the possibility that confidential conversations could become public highlighted the need to clarify and possibly change the state’s rules for alternative dispute resolution.
Mediating Justices: Former justices find that ADR is often a fertile field for life after the court
After years deciding disputes in the state’s highest court, two former justices now devote at least part of their practices to helping feuding parties find their own resolutions.
Former Indiana Supreme Court Justices Ted Boehm and Myra Selby each count corporate clients in their mediation and alternative dispute resolution portfolios, Boehm with Van Winkle Baten Dispute Resolution and Selby with Ice Miller LLP.
Indiana Tech dedicates law school, answers critics
Amid much pomp and circumstance, Indiana Technical Institute welcomed its new law school by reiterating its vision of legal education, praising its students and faculty, and pushing back against critics.
Indiana Judges Association: Are changes needed to ‘change of judge’ rule?
Marion Superior Judge David Dreyer discusses the "Change of Judge" rule in this issue of Indiana Lawyer.
Gun seizure case presents first impression issue
A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.
Are law offices gender neutral?
Equal work deserves equal pay. That was the mantra of those lobbying for the Equal Pay Act in 1963. President John F. Kennedy signed the bill into law, giving everyone, regardless of race or sex, the right to be paid equally for the same job.
Keeping connections: ‘The family that plays together, stays together’
It’s one thing to talk about work-life balance; it’s another thing to actually find ways to achieve it. Keeping personal lives rich and maintaining connections with family and friends can be challenging, but those who’ve employed creative means to do so say it eases pressures often felt in a time-consuming profession like the practice of law.
Battle over RTW heats up in courts
When Lake Superior Court Judge John Sedia handed Indiana’s right-to-work law a pink slip, conventional wisdom held that the Indiana Supreme Court would overturn that decision and put the law back to work.
Volokh: Case will have ramifications beyond Indiana
First Amendment scholar and UCLA law professor Eugene Volokh knows a thing or two about blogging and free speech, as namesake of the popular legal blog, The Volokh Conspiracy.
Brewington case focuses First Amendment attention on Indiana
Daniel Brewington is either a poster child for the wrongful prosecution of free speech or a man whose online rants about a judge constituted criminal threats. It all depends on your point of view.
ABA Legal Education Task Force calls for law school innovation
The American Bar Association Task Force for the Future of Legal Education, led by Randall Shepard, retired chief justice of the Indiana Supreme Court, issued its draft report Friday, Sept. 20, with recommendations for improving law schools.
Longest-serving female representative dies
Indiana Rep. Phyllis Pond, R-New Haven, who announced recently that she would step down from the General Assembly due to health concerns, has died. Pond, 82, was the longest-serving female representative in Indiana history. IBJ has the story.
Opinions Sept. 23, 2013 ILD
Opinions, Sept. 23, 2013
Indiana Court of Appeals
Terry Rexing v. State of Indiana (NFP)
82A01-1212-CR-561
Criminal. Affirms conviction for dealing in methamphetamine, a Class A felony; possession of chemical reagents or precursors with intent to manufacture a controlled substance, a Class D felony; maintaining a common nuisance, a Class D felony; and criminal recklessness, a Class B misdemeanor. Also affirms aggregate 60-year sentence and status as a habitual offender.
Jimmie Jones v. State of Indiana (NFP)
49A04-1303-CR-93
Criminal. Affirms conviction for one count each of robbery and criminal confinement, as Class B felonies.
Jerry Downs v. State of Indiana (NFP)
27A02-1305-CR-427
Criminal. Affirms denial of Downs’s motion to correct erroneous sentence.
The Indiana Supreme Court and the Indiana Tax Court submitted no opinions before IL deadline. The 7th Circuit Court of Appeals submitted no Indiana opinions before IL deadline.
Opinions Sept. 23, 2013
Opinions, Sept. 23, 2013
Indiana Court of Appeals
C. Subah Packer v. The Indiana Department of Workforce Development
93A02-1301-EX-83
Agency action. Affirms determination of a liability administrative law judge that a horse stable owner must pay unemployment compensation taxes plus interest and penalties for employees during the years 2008-2011 because they performed some amount of non-agricultural labor. Because employment records did not establish the amount of wages paid to workers for agricultural or non-agricultural work, a determination that Packer must pay taxes on total compensation for the audit years is not arbitrary, unreasonable, against the evidence or contrary to law.
Longest-serving Lake Superior judge takes leave
The longest-serving Lake Superior judge is stepping aside, at least temporarily, effective today, according to an order of the Indiana Supreme Court.
Stopped traffic snarls purse snatcher’s getaway scheme
Although the getaway car moved only a few feet after being stopped by police, a man in the passenger seat still was properly convicted of resisting law enforcement because he instructed the driver of the car to “take off.”
Stable owner liable for unemployment tax, appeals court affirms
The owner of a Zionsville horse stable lost her appeal of a determination that she owed unemployment insurance tax for employees because they performed non-agricultural work.
Opinions – Sept. 20, 2013 ILD
Opinions – Sept. 20, 2013
Indiana Court of Appeals
In Re the Term. of the Parent-Child Relationship of F.L. and B.L., Minor Children, and their Mother, B.L. and their Father D.L., B.L. and D.L. v. Indiana Department of Child Services (NFP)
28A01-1303-JT-126
Juvenile. Affirms termination of parental rights.
William Temple v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/september/09201301ewn.pdf
33A01-1211-MI-533
Criminal. On rehearing, clarifies that the trial court may address Temple’s petition for habeas corpus and treat it as a post-conviction petition, and there is no need to transfer to a different trial court. Affirms its prior opinion in all other respects.
Indiana Supreme Court and Indiana Tax Court issued no opinions before IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions – Sept. 20, 2013
Opinions – Sept. 20, 2013
Indiana Court of Appeals
Walter E. Lunsford v. Deutsche Bank Trust Company Americas as Trustee
30A01-1302-MF-63
Mortgage foreclosure. Affirms trial court grant of summary judgment in favor of Deutsche Bank, holding that its mortgage was the senior lien on a property that Walter Lunsford sold on a land contract years earlier but failed to record until after the mortgage was recorded. Deutsche Bank is the holder of the note and was entitled to enforce the loan document after a default, and Lunsford waived his arguments that the bank lacks standing and that it refused his offer to make payment in full because those arguments were not raised before the trial court.