Articles

Editorial: IndyBar – Your Source for Information

Back in the day, even before I joined the IndyBar staff, there was a singular method for communicating with our members. Known as the Bulletin, it was a printed elongated postcard readily identified for its unique size and concise information.

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Opinions July 5, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Larry E. Snell v. K-Industrial, LLC (NFP)
02A03-1010-CC-523
Collections. Affirms trial court’s judgment in favor of K-Industrial and trial court’s partial summary judgment in favor of Larry Snell. Reverses award of attorney fees to Snell, holding that Snell’s complaint did not arise from his agreement with K-Industrial.

Jasper L. Chastain v. State of Indiana (NFP)
47A01-1009-CR-543
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

John Battles v. State of Indiana (NFP)
49A02-1012-CR-1279
Criminal. Affirms conviction of Class D felony auto theft.  

Duron Reese Smith v. State of Indiana (NFP)
71A03-1012-CR-679
Criminal. Affirms convictions of Class C felony battery.

Michael D. Webb v. State of Indiana (NFP)
82A03-1011-CR-599
Criminal. Affirms consecutive sentences for two counts of resisting law enforcement.

Christopher C. Craft v. State of Indiana (NFP)
84A01-1010-CR-530
Criminal. Affirms sentence for Class A felony burglary.

Claude R. Fisher v. State of Indiana (NFP)
45A03-1010-CR-530
Criminal. Affirms sentence for Class C felony battery.

Kathy Atkinson v. Indiana Family and Social Services Administration (NFP)
49A02-1101-PL-28
Civil plenary. Affirms trial court’s decision on judicial review affirming the State of Indiana Family and Social Services Administration’s finding that Kathy Atkinson owed $4,956 due to overpayment of food stamp benefits.

Indiana Tax Court had posted no opinions at IL deadline.

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IBA: Lawyer Advertising: The Truth May Not Set You Free

Indiana’s new advertising rules apply to more than just billboards and Yellow Page ads. Rule 7.2(a) of the Rules of Professional Conduct defines “advertising” as “any manner of communication partly or entirely intended or expected to promote the purchase or use of professional services.” That means that the advertising rules may cover communications on your website, your blog and even on your Facebook page.

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Opinions July 5, 2011

Indiana Court of Appeals
Larry E. Snell v. K-Industrial, LLC (NFP)
02A03-1010-CC-523
Collections. Affirms trial court’s judgment in favor of K-Industrial and trial court’s partial summary judgment in favor of Larry Snell. Reverses award of attorney fees to Snell, holding that Snell’s complaint did not arise from his agreement with K-Industrial.

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Hammond traffic judge faces misconduct charges

Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without collecting required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.

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The law of art

Katie Zarich, deputy director of public affairs for the Indianapolis Museum of Art, had worked for the IMA for a year when she decided to go to law school. She applied only to Indiana University School of Law-Indianapolis, knowing that she wanted to continue working for the museum as she attended class at night.

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Indiana Bar Foundation announces new board

New Albany attorney J. Mark Robinson has been named president-elect of the Indiana Bar Foundation, and Michael Bishop will become the new board president. The positions were named at the foundation’s June 17 meeting.

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Video game maker wins IP suit

U.S. District Judge Jane Magnus-Stinson shot down a lawsuit brought by heirs of bank robber John Dillinger that challenges how his name is used in video games based on the movie “The Godfather.”

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The merits of medical patents

In April, the U.S. Court of Appeals for the Federal Circuit heard arguments in a case that raises fundamental questions about the patentability of human genes. In June, the U.S. Supreme Court agreed to take on a patent case in which the central issue is the patentability of a medical process. Both cases could have far-reaching effects – in medicine, in law, and in academia.

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Indiana judges to present at pro bono event

Indiana Supreme Court Justice Frank Sullivan, appellate Judge Nancy Vaidik and lawyers and judges from Pro Bono District One will be among the presenters at a daylong event July 22 at Valparaiso University School of Law. The event, “A Potpourri of Timely Topics,” is co-sponsored by the law school and NWI Volunteer Lawyers.

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Legal trend utilizes AG experience

When he was the state’s top prosecutor, former Indiana Attorney General Jeff Modisett saw the beginning of a trend that’s now become a focus of his practice.

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Lawmakers examine issues raised in Barnes

As the Indiana Supreme Court decides whether it will revisit a controversial ruling that’s generated public protest since it came down in May, legislators are discussing what they might do to reduce the impact of the justices’ ruling on resisting police entry into one’s home.

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I-9 audits present legal concerns for businesses

Indiana’s chapter of the National Federation of Independent Business issued a press release June 23, urging Indiana businesses to prepare for I-9 audits. U.S. Immigration and Customs Enforcement has stepped up its audits of businesses nationwide in an effort to crack down on the employment of unauthorized immigrant workers.

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Defining decisions on legal lexicon

A single word might determine the fate of a case before one of Indiana’s highest courts, so it’s no surprise that judges will often turn to dictionaries to help interpret what a word and statute might mean.

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