St. Pierre: Ending Forced Arbitration of Sexual Assault, Harrassment Act
On March 3, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the Federal Arbitration Act.
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IndyBar: Justice Steven David: Collaboration a Hallmark of Indiana’s Judiciary
| From IndyBar and Christopher Goff
Basic civility matters. Through a judicial system that models civil disagreement and a collaborative ethos, Justice Steven David said, Indiana “has distanced itself from most every state in the nation.”
Indiana Court Decisions – March 24-April 6, 2022
Read Indiana appellate court decisions from the latest reporting period.
Work in progress: Juvenile justice mental health, safety concerns addressed in new law
Concerns about the safety and well-being of Hoosier youth housed in juvenile justice facilities across the state have drawn attention from the U.S. Department of Justice on multiple occasions. Action was taken to remedy those concerns, but the root of the problem facing Indiana’s juvenile justice system is still wound in a tangled mess that lawmakers and juvenile advocates are trying to unravel.
Web Exclusive: Lawyers debate how IP laws apply to NFTs
Over the last three years, non-fungible tokens have gone from niche to mainstream. But with the new digital marketplace has come more questions than answers for lawyers — particularly in the realm of intellectual property.
Hammerle on… “Uncharted,” “The Outfit” and reliving the Oscars
Indianapolis criminal defense attorney Bob Hammerle gives us his take on “Uncharted” and “The Outfit,” plus his thoughts on this year’s memorable Oscars ceremony.
Indiana law students learn etiquette do’s and don’ts
While studying and test-taking often create stress, a new program is aimed at helping alleviate some of the anxieties Indiana law students may feel in the social realm of the legal profession. The Indiana State Bar Association recently teamed up with Notre Dame Law School, Indiana University Maurer School of Law and IU McKinney School of Law to put on etiquette dinners for students.
IndyBar: Intentional Investment: Providing Opportunities to the Next Generation of Lawyers
| From IndyBar and Chaka Coleman
What is leadership? This is a question I endeavored to answer when I took former Dean Andy Klein and professor Susan Brooks’ Leadership in the Law class at IU McKinney this past fall.
Indiana Lawyer announces 2022 Leadership in Law honorees: Senior Judge Barker receives Lifetime Achievement Award
| IL Staff
Indiana Lawyer is pleased to announce the recipients of its 2022 Leadership in Law Awards, who will be honored at a recognition breakfast on June 1.
DTCI: Inter vivos transfers and ad mortem transfers
| Kyle A. Van Slyke and From DTCI
Transferring realty out of an estate assists the common goal of avoiding probate by eliminating the real estate from the threshold value calculation. Inter vivos and ad mortem transfers are the two means of avoiding such inclusion.
Under the spotlight: IN Supreme Court candidates face myriad of legal, personal questions
The Indiana Judicial Nominating Commission didn’t shy away from big topics during the second round of Indiana Supreme Court interviews on April 5, prodding to see where candidates would land on questions ranging from underrepresentation on the bench to influences of personal bias in judicial philosophy to how much consideration judges should give the legislative branch.
Departing dean showed ‘true leadership’: Parrish leaves strong legacy as he prepares to depart IU Maurer
Austen Parrish has announced his decision to leave IU Maurer to become dean of the University of California, Irvine School of Law in Irvine, California. On Aug. 3, he will join the young West Coast school that enrolled its first class in 2009 and boasts a reputation for innovation.
IndyBar: The Importance of the Indianapolis Bar Association Diversity Job Fair
| From IndyBar and Asia Ellis
Now that registration has opened for the 2022 Indianapolis Bar Association Diversity Job Fair, I thought it would be the perfect time to attest to the invaluable opportunity the Diversity Job Fair was for me and encourage other law students to attend this year.
Deal or no deal? Mediators, attorneys say ADR may not be best route for M&A transactions
Some could argue that alternative dispute resolution is the solution to speeding up the process for M&A deals stuck in limbo, but both mediators and M&A attorneys alike agree mediation and arbitration are not the routes they’d choose in most situations.
IndyBar: Indiana Disability Rights Named 2022 Community Empowerment Fund Grant Recipient
Advanced directives are essential tools for ensuring one’s wishes for medical and end-of-life treatment are known. Unfortunately, people with intellectual or developmental disabilities are often overlooked in discussions surrounding advanced directives. Thanks to a $35,000 grant from the Indianapolis Bar Foundation, a new program from Indiana Disability Rights will empower these individuals to make their important end-of-life choices known.
Citizens Energy sues apartment complexes for $1.3M in unpaid bills
Citizens Energy Group has filed suit against the owners of three Indianapolis apartment complexes over more than $1.3 million in unpaid utility bills, alleging they defrauded both the energy giant and residents.
Former employers lose again in breach-of-confidentiality appeal, but attorney fees partially overturned
A breach-of-confidentiality dispute between concrete-industry employees and their former employer returned to the Court of Appeals of Indiana for a second time but largely yielded the same result on Tuesday. However, one of the companies did score a partial win as the COA overturned an award of attorney fees.
Opinions April 12, 2022
Court of Appeals of Indiana
County Materials Corp. and Central Processing Corp. v. Indiana Precast, Inc., Ryan S. Gookins, and Richard A. Rectenwal III
20A-PL-1683
Civil plenary. Affirms the judgment of the Hancock Superior Court with respect to the denial of County Materials Corp. and Central Processing Corp.’s request to set aside final judgment for Ryan S. Gookins, Richard A. Rectenwal III and Indiana Precast Inc., as well as the denial of Central’s request to set aside the award of attorney fees. Reverses the denial of County’s request to set aside the award of attorney fees. Finds Central knew and subsequently admitted that it suffered no damages, so the trial court could reasonably find that Central’s act of bringing and/or continuing to litigate its numerous claims against the Precast parties was frivolous, unreasonable, groundless and done in bad faith. Also finds the Precast parties’ actions or inactions complicated County’s efforts to show that their case was not unreasonable or groundless. Finally, finds there were no grounds for the trial court to vacate its directed judgment against Central and in favor of the Precast parties, and County failed to show that it was entitled to relief under Indiana Trial Rules 59, 60(B)(2) or 60(B)(3).
Columbus car dealership secures Tax Court reversal on base rate application concerns
The Indiana Tax Court has reversed for a Columbus car dealership after finding that three appeals it filed regarding errors in the assessments of its property between 2016 and 2018 presented questions about the objective application of an already-determined base rate prescribed by a land order.
Tax Court reverses assessment because of possible ‘math error’
Finding a math error is objective rather than subjective, the Indiana Tax Court has revived the appeal of a property owner who argued the Bartholomew County assessor calculated his property tax assessment using the wrong base rate.