Beer wholesalers enlist lawmakers in fight against Monarch
The Statehouse is a common battlefield for factions in Indiana's alcoholic beverage industry, and this session, one group of beer wholesalers is firing shots in multiple directions.
Courts
Articles
Opinion affirms New Albany has zoning jurisdiction over fringe area of county
In a dispute between the city of New Albany and Floyd County concerning which entity has zoning jurisdiction over an unincorporated area outside city limits, the Indiana Court of Appeals affirmed summary judgment for the city.
Company can’t prevail in appeal on claims of collusion
The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.
Dickson: Lawmakers’ help needed to fix Marion County Small Claims courts
Indiana Chief Justice Brent Dickson told a joint session of the General Assembly Wednesday that lawmakers’ help was needed to fix Marion County Township Small Claims Courts, which have been plagued by allegations of forum shopping and other criticism.
Hamilton County considers veterans court
A problem-solving court that could offer diversion programs for veterans charged with minor offenses is under consideration in Noblesville.
Inaccurate drain location data causes city to lose negligence suit
Because the city of Fort Wayne did not provide accurate locations of its drains to a utility company involved in constructing an underground monolith, its negligence suit against the utility company can’t survive summary judgment. An underground drain was damaged during the process, causing flooding in the area.
Snoozing worker wins reversal on ADA claim against employer
An Indiana company violated the Americans with Disabilities Act when it fired an employee for falling asleep on the job after it learned the worker had a medical condition covered by the federal protection.
Charlie White stays free pending appeal
Convicted former Secretary of State Charlie White’s sentence of one year of home detention will not be executed pending his post-conviction relief appeal, a judge ruled last week.
SCOTUS adds IRA dispute in effort to avoid future chaos
In agreeing to hear an appeal on the question of whether retirement funds remain retirement funds after they are inherited, the Supreme Court of the United States seems to be acknowledging that what is today a rare question could arise more often as the population ages and more parents leave money to their children.
Federal Bar Update: Court launches new website, case management plan
The Southern District’s website is revamped, with a new and improved look and feel. The case opinion search feature remains and allows searching by judge and/or date. It can be a useful tool to get recent standards, for instance, on common issues.
Inside the Criminal Case: Technology aids review of questioning technique
Danielle Kelly v. State is the first time that the Indiana Supreme Court has addressed law enforcement’s use of the “question first, Mirandize second” questioning technique. 997 N.E.2d 1045 (Ind. 2013). Kelly also provides additional focus on the role technology plays in the changing scope of suspect/law enforcement interaction.
Lawmaker targets burdensome pre-settlement funding by proposing cap on interest rates
Funding companies woo plaintiffs in need with promises of quick cash for their pending settlements without oversight in Indiana. That soon could change.
Disciplinary Actions – 1/15/14
Read who’s been suspended and reinstated to the practice of law.
Suspension may herald end of Kimberly Brown’s judicial career
Before suspended Marion Superior Judge Kimberly Brown was facing possible removal from the bench for dozens of disciplinary counts, she had difficulties in her prior court, according to recent filings arguing for the ultimate sanction against a judge.
Preserving the past
County clerks, archivists and court administration work to keep historical records accessible.
Some attorneys aren’t sold on the proposed Marion County Criminal Justice Complex
Redundancies and inefficiencies, plus concerns for security at the jail and at the Indianapolis City-County Building – where defendants with court dates come into regular contact with the public – prompted city and county officials last month to announce a Criminal Justice Complex proposal that would bring courts, jails and other related functions under one very large roof.
Justices to review teacher’s explicit messages to student
A Starke County teacher who was charged with sending sexually explicit Facebook messages to a 16-year-old student will have to face the Indiana Supreme Court, which will review the Court of Appeals’ order to dismiss the counts.
Bankruptcy Court seeks comment on local rule changes
The public has until Jan. 31 to comment on proposed amendments to local rules in the U.S. Bankruptcy Court in the Southern District of Indiana. Local Rules that have been amended include B-1007-2, Noticing, Balloting and Claims Agents and B-9010-1, Appearances.
Judge firearm, ‘ag-gag’ bills to get hearings Tuesday
Legislation that would increase the penalties for battery on a judicial officer and provide judges the same immunity as law enforcement officers for possession and use of a firearm will be heard by an Indiana Senate Committee on Tuesday.
Longtime Lake Superior judge dies at 78
Lake Superior Judge Gerald N. Svetanoff, 78, died Wednesday. Svetanoff was the longest-serving Lake Superior judge at the time of his death.