Indiana Court Decisions – Jan. 20 to Feb. 2, 2016
Read recent Indiana appellate decisions.
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Articles
DTCI: Indiana Court of Appeals establishes third-party duty of care under CPA
On Dec. 31, 2015, the Indiana Court of Appeals issued a ruling in Collip v. Ratts, 49A05-1501-CT-1, 2015 WL 9589777 (Ind. Ct. App. Dec. 31, 2015). The underlying facts show that on March 30, 2009, one of a nurse practitioner’s patients, Robert Ratts, died as a partial result of mixed drug intoxication.
Disciplinary Actions – 2/10/16
Read who’s been found in contempt by the Indiana Supreme Court.
IndyBar: Court Rules Pension Survivor Benefits are Marital Assets
The Indiana Court of Appeals in In Re The Marriage of Carr ruled that the survivor benefit that may go to a spouse in a dissolution of marriage is an asset for the purposes of property division and must be included in the marital pot.
Moberly: A New Day for Judicial Selection in Marion County
The verdict will still be out on how we will select judges in Marion County when this article is printed, but for the first time in decades, we know we will have an entirely new system of selection before May 2017. Hopefully it will be in this legislative session but, if not, in the next.
Hammerle on … ‘The Hateful Eight,’ ‘The Revenant’
Bob Hammerle says Quentin Tarantino can bring to the screen a pictorial display of viciousness that leaves you gasping with a feeling of disgusted wonder.
IndyBar: Involving Your Expert in the Mediation Process: A Trap for the Unwary?
Cases can often involve technical issues. The author has heard of mediations where a party will bring an expert to the mediation to address and respond to the technical issues that are present in the case.
BGBC: Who’s responsible for the IOLTA account? You are!
One of the most significant and important fiduciary duties that lawyers must perform is to safeguard all client and third-party property held in trust.
Indiana Judges Association: How are we going to replace Justice Brent Dickson?
There is now a great opportunity to pick our next Supreme Court justice. But our problem is that we have to replace the irreplaceable Justice Brent Dickson.
In-Box: Commercial courts
Colin Flora writes in response to the recent announcement of the creation of commercial courts in Indiana.
Cohen/Mattingly: Learn your ESI rules: It’s an ethical imperative (chomp)
It’s been nearly 10 years since the Supreme Court of the United States approved amendments to the Federal Rules of Civil Procedure to add language addressing electronically stored information, or ESI. Recent FRCP amendments, effective December 2015, clarify ESI obligations. The rules re-introduce traditional concepts of flexibility and proportionality to ESI obligations.
Neutral Corner: Reaction to SCOTUS’ recent arbitration decision
Comments following the DirecTVdecision have been consistent: Unless Congress acts or the makeup of the court fundamentally changes, mandatory arbitration of consumer disputes and the corresponding limitations of some remedies (such as class actions) is here to stay.
Magistrate Judge Hussmann turns in gavel but plans to keep working
On Jan. 31, Magistrate Judge William Hussmann Jr. raced his administrative assistant, Shelly James, to the office door. After nearly 28 years, the pair retired together from the U.S. District Court for the Southern District of Indiana.
Former foes support Indiana lawsuit funding bills
Harsh regulations in other states are inducing the legal financing industry to compromise.
Hoosier roots still strong for D.C. Circuit jurist
Judge Robert Wilkins returns to Indiana for a Black History Month celebration in the Southern District of Indiana.
Treatment of mentally ill prisoners changing
After more than seven years of litigation, the Indiana Department of Correction is instituting major changes by providing treatment and mostly eliminating solitary confinement for severally mentally ill prisoners.
E-filing takes baby steps in Hamilton County
What could be easier than filing court documents from your desktop or tablet with automatic service and immediate filing confirmation? If you can see the courthouse from your office, it may seem easier to do things the old way — dashing to the clerk’s office or having a runner do the same. That seems to be true in some cases, at least for now.
30 justice applicants bring varied backgrounds
The lawyers and judges vying to become the next Indiana justice include a one-time Swiss Alps guide, an aerobics instructor, and a former Indiana University football player. At least three got their start working at McDonald’s, and more have lived in Rensselaer (three) than were born in Indianapolis (two).
Taking a ‘side step’ in the legal profession
From her desk, Elizabeth Ellis watched the attorneys in her office work and realized as many other paralegals have – I can do that.