Weather causes closures, cancellations
The ice and snow falling in central Indiana has led to cancellations of two court events and closed the Indiana General Assembly.
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Motion & discovery
A settlement is the quicker resolution. A trial is the longer resolution. How the initial give and take between attorneys determines what happens.
Court won’t rehear stun-belt case
The full 7th Circuit Court of Appeals has said it will not rehear an Indiana case focusing on a convicted murderer’s ineffective assistance of trial counsel claims relating to a stun belt used in court.
Will SCOTUS weigh in on canons?
The Supreme Court of the United States could soon decide if it will take on cases that question Indiana’s judicial canons and whether those types of rules infringe on the free speech rights of seated jurists or those vying for the bench.
Same firm, but different cases before Supreme Court on same day
For appellate attorneys Paul Jefferson and Mark Crandley at Barnes & Thornburg, this double-argument day Jan. 20 was a new experience that many say isn’t very common in the legal community.
Indiana has received 14 multidistrict litigation actions over four decades
It began with a mid-air plane collision over Shelby County in 1969. That deadly aviation action symbolized Indiana’s introduction to multidistrict litigation.
Florida judge rules health-care law unconstitutional
A federal judge in Florida has found that Congress has exceeded its authority in passing sweeping health-care reform in 2010 by including the individual mandate that people must purchase health insurance by 2014 or pay a penalty. Indiana had joined with 25 other states, two individuals, and the National Federation of Independent Business to challenge the law.
Appeals court warns parties against no-response strategy
A Marion Superior judge didn’t err in holding a big tax resolution company in contempt for failing to appear by closing six of its state offices and then issuing a default judgment against the firm, the Indiana Court of Appeals has ruled.
COA: Man has exhausted compensation benefits
An Indiana statute is ambiguous as to whether a person who has exhausted his actual worker’s compensation benefits prior to 500 weeks is eligible to receive benefits from the Second Injury Fund starting on the date of the exhaustion of the actual benefits, the Indiana Court of Appeals concluded today.
Oral argument rescheduled
The Indiana Court of Appeals has rescheduled the oral argument set for Tuesday, Feb. 1, in Indianapolis.
Justices accept parental-rights termination case
The Indiana Supreme Court has taken a Marion County case involving the termination of a mother’s parental rights in which the Indiana Court of Appeals took issue with several details in the case.
Federal judge rules against state on immigrant paternity case
Sitting at the crossroads between immigration law, paternity establishment, and the controversy on how the United States handles illegal immigrants, a federal judge in Indianapolis has ordered state health officials to stop denying unmarried immigrant parents without a Social Security number the ability to file an affidavit establishing paternity.
Appeals court rules on Ohio River phone-stalking case
The Indiana Court of Appeals has reaffirmed its standing that prosecutors can’t elevate a misdemeanor crime to a felony if the defendant didn’t know the victim worked in law enforcement.
90+ applications received for BLE director job
More than 90 people applied for the state Board of Law Examiner's executive director position by the Jan. 21 application deadline.
Court seeks ICLEO applicants
The Indiana Supreme Court posted a reminder on its website today that applications for the Indiana Conference for Legal Education Opportunity are due March 1 for the 2011 ICLEO summer institute that will take place at Notre Dame Law School from June 13 through July 22.
Longtime Bloomington law professor dies
An Indiana University Maurer School of Law professor who taught at the law school for more than 40 years died Wednesday. The law school announced Patrick L. Baude, the Ralph F. Fuchs Professor Emeritus of Law and Public Service at Indiana University Maurer School of Law died in his Bloomington home after a brief illness.
Federal judge certifies state question on misdemeanor voting
A federal judge in Indianapolis wants the Indiana Supreme Court to decide whether the term “infamous crime” as used in the state constitution applies to misdemeanors and can be used to keep those convicts from voting.
7th Circuit: Staff should have told inmate to stop taking aspirin
A District Court erred in granting summary judgment for the government on an inmate’s suit claiming his complications from a surgery were the result of the prison medical staff disregarding instructions he stop taking blood thinners prior to his surgery.
Majority upholds dismissal of unemployment benefits appeal
The Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding different time zones.
Marion County has first human trafficking conviction
The conviction of a man on human trafficking charges Tuesday is the first time the Marion County Prosecutor’s Office has convicted someone on that charge since the state’s human trafficking law was enacted in 2007.