Articles

Split COA: Prosecutor can file for paternity at putative father’s request

A divided panel of the Indiana Court of Appeals has reversed the dismissal of an alleged father’s time-barred petition seeking to establish paternity of a child. The majority held a prosecutor is authorized to pursue such a request outside the general two-year statute of limitations. A dissenting judge, however, warned the holding “makes a mockery” of the two-year statute of limitations in paternity cases.

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Lindman: Trademarks in the Supreme Court: 2019-2020

One could assume that significant issues in federal trademark law were decided long ago; yet, the Supreme Court issued two trademark decisions in 2019 that fundamentally impact trademark protection and has granted certiorari in three trademark cases for the 2019-2020 term.

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Lawsuits hatch from egg contract that spoiled

Less than a month after an Indiana jury delivered a $1.46 million verdict against Evansville-based Rexing Quality Eggs, the contract dispute was still going, with the parties arguing at the 7th Circuit Court of Appeals over the return of plastic egg packing materials.

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Willful wrong? SCOTUS to resolve circuit split on profits

Among the circuit courts of appeal, there is an even split between the 1st, 2nd, 8th, 9th, 10th and Washington, D.C., circuits and the 3rd, 4th, 5th, 6th, 7th and 11th over whether the Lanham Act requires “willful” infringement before a plaintiff can recover profits. The United States Supreme Court is set to bring clarity to the circuit split when it hears arguments in Romag Fasteners Inc. v. Fossil Inc., 18-1233, next month.

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Courts as conveners: Task force led by Rush releases recommendations for judicial response to opioid crisis

The National Judicial Opioid Task Force was created in 2017 to delve into ways the judiciary could get a handle on the opioid crisis. Co-chaired by Indiana Chief Justice Loretta Rush, the task force’s work culminated late last month in the release of a report that includes four findings and six recommendations for how courts can respond to the current drug scourge and be better prepared for the next addiction crisis.

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Uhl and Bose: Domino’s effect: SCOTUS skips clarifying ADA web access

Businesses are increasingly facing lawsuits under the Americans with Disabilities Act (ADA) regarding whether their websites are accessible to persons with disabilities. Recently, the United States Supreme Court declined an opportunity to address the law applicable to such claims, leaving businesses with little clarity as to what potential exposure they face.

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