Evansville Judge Kiely honored with freedom award
Vanderburgh Circuit Judge David Kiely was honored April 29 by his colleagues on the bench and bar for his work helping to expand problem-solving courts and establish special programs for offenders.
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Opinions May 2, 2016
Indiana Tax Court
The following opinion was issued after IL deadline Friday.
Hamilton Southeastern Utilities v Indiana State Department of Revenue
49T10-1210-TA-00068.
Tax. Grants summary judgment to Hamilton Southeastern on challenge that the company’s connection fees are not subject to utility rate tax. The company separated its fees from its taxable receipts on its return.
In a divorce, who gets to keep the family dog?
Rudy is a 9-year-old German shorthaired pointer with a regal personality and loving owners who are divorced. The humans in his life agreed to a shared-custody arrangement: Every two weeks, Rudy goes back and forth between their two homes in western Massachusetts.
Gilead judge re-opens case amid claim Merck scientist lied
A federal judge re-opened Merck & Co.’s patent case against Gilead Sciences Inc. over a hepatitis C drug amid claims that an ex-Merck scientist lied to a jury that awarded the company $200 million in damages.
Developer Alig avoids prison time with plea deal
A prominent Indianapolis developer who pleaded guilty to one count of theft and one count of securities fraud received a four-year suspended sentence Monday morning and was ordered to repay victims $321,000.
Supreme Court won’t review appeal from POM juices
The U.S. Supreme Court is leaving in place a court ruling that found advertising claims of the health benefits of POM Wonderful juices were deceptive.
Southwestern Indiana county’s tactic targets youth gun cases
Juvenile court officials in one southwestern Indiana county are overhauling their probation services to address a rapidly growing number of gun-related crimes among youths.
High court to hear patent fight over adult diapers
The Supreme Court of the United States will resolve a patent dispute between companies that make adult diapers.
Tax court: Fees not subject to utility receipt tax
The Indiana Tax Court found a utility’s nontaxable connection fees were separated from taxable receipts on its returns and were therefore not subject to Indiana’s utility receipt tax.
Attorney blogger Gary Welsh dies in apparent suicide
Prominent Indianapolis blogger Gary Welsh has died, according to Indianapolis police, who say they are investigating the death as a "tragic suicide."
Dickson’s tenure on Supreme Court celebrated
Members of Indiana’s legal community and state government gathered Friday to honor Indiana Justice Brent Dickson on his last day on the court, including bestowing him with one of the state’s highest honors.
Opinions April 29, 2016
Indiana Court of Appeals
P & P Home Services, LLC v. Review Board of the Indiana Dept. of Workforce Development and Cynthia Hutcherson
93A02-1511-EX-1818
Agency action. Reverses Department of Workforce Development Review Board determination that a former employee of P&P Home Services is eligible for unemployment benefits. Remands to the board for a determination of whether the worker’s employment relationship was voluntarily severed by the employee.
Indiana gets $9.2M in Wyeth Medicaid fraud settlement
Indiana’s Medicaid program will recoup $9.2 million from a drugmaker that underpaid rebates the state was owed for prescription drugs, Attorney General Greg Zoeller’s officer said in a news release Friday.
Divided justices deny rehearing asbestos statute of repose case
The Indiana Supreme Court issued an order declining to rehear a case that ended the statute of repose on prolonged asbestos cases by a 3-2 vote Thursday, with the same justices who voted to end the statute of repose voting against the rehearing.
Supreme Court won’t block Texas voter ID law for now
The Supreme Court on Friday rejected an emergency appeal to stop Texas from enforcing its challenged voter ID law. But the court said it could revisit the issue as the November elections approach.
Nebraska, Oklahoma join suit to halt Colorado marijuana law
Nebraska Attorney General Doug Peterson and his counterpart in Oklahoma are joining a lawsuit aimed at halting legal marijuana in Colorado.
COA reverses, remands unemployment eligibility ruling
Whether a worker voluntarily left employment must be determined by the review board of the Department of Workforce Development, the Indiana Court of Appeals ruled Friday, remanding the board’s finding that the worker was eligible for unemployment benefits.
LEADERSHIP IN LAW 2016: Philip Zimmerly
There’s a good chance that when you read a brief written by Philip Zimmerly, you’ll catch a pop culture reference to “Star Wars” or Dr. Suess. One judge said his witty writing is a welcome trait in a profession that can sometimes be too serious. The labor and employment and litigation attorney is credited as […]
LEADERSHIP IN LAW 2016: Jennifer Tudor Wright
In nearly seven years in practice, Jennifer Tudor Wright has set herself apart professionally in the extremely nuanced practice area of multidistrict litigation. She has helped manage a massive MDL involving approximately 8,500 plaintiffs and multiple Barnes & Thornburg offices that has spanned several years and international boundaries for one of the firm’s major clients. […]
LEADERSHIP IN LAW 2016: Ashley N. Osak
In Ashley Osak’s short time as an attorney, she has made a positive and lasting impression on colleagues, clients and those in the community. She joined the firm in 2014 and quickly made an impact, helping to strategically grow the firm’s health care practice. She exhibits first-rate professionalism, leadership and instincts, and has even been […]