Taft bolsters IP practice with 10 lawyers from rival firm
Taft Stettinius Hollister LLP has pulled off a major coup in the Indianapolis legal community by taking half the intellectual property practice from rival law firm Krieg DeVault LLP.
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Waiting for SCOTUS ruling on same-sex marriage
Evansville Police Sgt. Karen Vaughn-Kajmowicz and her wife, Tammy, battled the Indiana General Assembly’s effort to add the “one-man, one-woman” definition of marriage to the state constitution and eventually joined one of the lawsuits against the state to end the ban on same-sex marriage.
Tax on out-of-state earnings may be illegal under SCOTUS ruling
Thousands of Hoosiers with out-of-state earnings may have paid tens of millions of dollars in illegal tax, but whether litigating the issue will be worthwhile remains a question for experts in tax law, accounting and public policy.
Judge refuses to dismiss Indiana BMV overcharges lawsuit
A judge refused on Monday to dismiss a lawsuit alleging that Indiana's Bureau of Motor Vehicles overcharged drivers by tens of millions of dollars for fees and services.
Annexation law gives landowners more clout
Forty-nine days after the start of the 2015 Indiana General Assembly, many landowners fighting municipalities around the state got what they wanted. But language ending involuntary incorporation was stripped from the bill.
Indiana Tech to reapply for accreditation
Just four days after meeting with law school officials and hearing their presentation about their approach to legal education, the ABA Council of the Section of Legal Education and Admissions to the Bar denied granting provisional accreditation to the Fort Wayne law school.
Awards presented at the 27th annual Lifetime Achievement Seminar
ITLA President Steve Langer presented two awards at the 27th annual Lifetime Achievement Seminar May 7 at the Indiana Convention Center.
ITLA can help young lawyers learn to practice the law
New ITLA Young Lawyers Section Chair Alexander Limontes says the section can provide young lawyers with both educational and networking opportunities.
COA finalists await governor’s selection
Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge.
Immunity laws flourishing in Indiana
ITLA task force examines number of protections in the Indiana Code.
McDonald takes ITLA leadership
James O. McDonald of Terre Haute has represented plaintiffs for more than four decades, and now the lawyer represents the state’s plaintiffs’ bar as president of the Indiana Trial Lawyers Association.
Opinions June 15, 2015 ILD
Indiana Court of Appeals
K.G. v. State of Indiana (mem. dec.)
49A02-1410-JV-737
Juvenile. Affirms adjudication as a delinquent child for an act that would be Class A misdemeanor battery if committed by an adult.
Theron L. Bailey v. State of Indiana (mem. dec.)
27A05-1404-PC-199
Post conviction. Affirms denial of post-conviction relief.
Tianyve D. Stitts v. State of Indiana (mem. dec.)
34A02-1410-CR-747
Criminal. Affirms convictions of Class C felony escape, three counts of Class D felony possession of a controlled substance, and Class A misdemeanor possession of marijuana.
In the Matter of the Termination of the Parent-Child Relationship of: L.D. and K.F. (Minor Children), B.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
82A04-1410-JT-505
Juvenile. Affirms termination of parental rights.
Jimmy Huesgen v. State of Indiana (mem. dec.)
49A04-1411-CR-538
Criminal. Affirms conviction of Class A misdemeanor battery.
Camryn S. Matthews v. State of Indiana (mem. dec.)
70A05-1501-CR-25
Criminal. Affirms Class C felony conviction of possession of a controlled substance.
Opinions June 15, 2015
7th Circuit Court of Appeals
Marc Shell v. Kevin Smith, in his official capacity as Mayor of the City of Anderson, et al.
14-2958
Civil. Reverses summary judgment in favor of Anderson defendants and remands Shell’s Americans with Disabilities Act claim for proceedings in the District Court. Shell, a mechanic’s helper in the City of Anderson Transit System, claimed his firing after a change of city administration violated his rights under the ADA because he’d held the position for 12 years. He was unable to obtain a commercial driver’s license due to hearing and vision impairment and was fired after a new administrator enforced a job description requirement that he obtain a CDL. Because of evidence and reasonable inferences favorable to both parties, summary judgment was inappropriate.
Justices take dispute over county road
The Indiana Supreme Court granted transfer to a not-for-publication Court of Appeals decision over whether a gravel drive to a landlocked 40 rural acres in Jackson County is a public road by use.
High court rules against law firm in bankruptcy fee fight
The Supreme Court of the United States ruled Monday that one of the nation’s biggest law firms is not entitled to recover $5.2 million in legal fees it incurred in the course of a bankruptcy proceeding.
7th Circuit revives Anderson transit worker’s ADA claim
A mechanic’s helper with the City of Anderson Transit System won the right to pursue his claims that his firing violated his rights under the Americans with Disabilities Act.
Supreme Court won’t revive North Carolina abortion law
The Supreme Court of the United States on Monday rejected an appeal from North Carolina to revive a requirement that abortion providers show and describe an ultrasound to a pregnant woman before she has an abortion.
Ruling on robocalls expected this week
After an extended wait, the FCC plans to issue a ruling this week that may put an end to robocalls, scam text messages and telemarketing calls to home phones. Unwanted calls and telephone harassment continue to be the most common complaint received by the Indiana Attorney General’s Office, reaching more than 13,000 filed complaints last year.
SCOTUS: Immigration deadlines can be extended
The Supreme Court of the United States ruled Monday that federal appeals courts have authority to decide whether people facing deportation should be able to extend the deadlines in immigration proceedings.
Court rules spouse can’t protest husband’s visa denial
A California woman can’t challenge the government’s decision to deny a visa to her spouse from Afghanistan, the Supreme Court of the United States ruled Monday.