Main Menu
Posts from March 2009.
Posted in Litigation

Tuesday, March 31, 2009

At 2 p.m., the Indiana Court of Appeals will hear argument in Daily v. City of Columbus.  At issue in this appeal is the trial court’s order affirming the City’s Board of Zoning Appeals denial of a temporary use application for a  farmers market, finding that the City’s zoning ordinance is violated by, among other things, the property not having sufficient ...

On January 22, 2009, the Supreme Court of Kentucky refused to enforce a purported agreement to arbitrate in part because the agreement in question did not specify Kentucky as the location of the arbitration.  Ally Cat, LLC v. Chauvin, 274 S.W.3d 451 (Ky. 2009).

The Facts

Ally Cat, LLC (Ally Cat) purchased a condominium unit from N.C. Legacy, LLC (NC Legacy). Following the sale, the sole ...

Posted in Litigation

On Wednesday, the Indiana Court of Appeals addressed issues of statutory construction in two cases.

In Fort Wayne Patrolmen’s Benevolent Association v. City of Fort Wayne, the Indiana Court of Appeals held that an off-duty police officer was not “performing her duty” as a police officer, pursuant to Indiana Code section 36-8-4-5, when she was injured in an accident involving ...

Posted in Litigation

On Wednesday, the Indiana Supreme Court issued two opinions – one addressing issues pertaining to negligence claims, the other addressing the scope of grandparent custody and visitation rights.

In Estate of Mintz v. Connecticut General Life Insurance Co., the Indiana Supreme Court addressed several issues arising from an insured’s claim of negligence against an insurance ...

As described in our earlier alert of February 18, 2009, the American Recovery and Reinvestment Act of 2009 (Act) establishes a new COBRA subsidy for qualified COBRA beneficiaries who involuntarily lose their jobs between September 1, 2008 and December 31, 2009 and provides a second special election opportunity for individuals who lost group health plan coverage due to an involuntary ...

Posted in Litigation

Tuesday, March 24, 2009

At 10 a.m., the Indiana Court of Appeals will hear argument in Reynolds v. State.  The subject of the argument is whether attorney Gregory L. Caldwell should be held in contempt for failure to comply with the Court’s orders.  See the Court’s description of the case here.

Wednesday, March 25, 2009

At 1 p.m., the Indiana Court of Appeals will hear argument in ...

Posted in Litigation

The Indiana Court of Appeals, Thursday, addressed two issues of appellate procedure on which Indiana’s Rules of Appellate Procedure have little to say:  (1) what issues a party may cross-appeal during an interlocutory appeal; and (2) under what circumstances the Court of Appeals can reconsider an earlier denial of a motion to accept appellate jurisdiction of an interlocutory ...

Posted in Litigation

In two cases late this week, the Indiana Court of Appeals addressed two issues of trial procedure.

On Friday, in Jallali v. National Board of Osteopathic Medical Examiners, Inc., the court addressed principles of comity and held that a trial court should dismiss the NBOME’s Indiana suit, which was filed after Jallali filed suit against the NBOME in Florida.  The underlying dispute ...

Posted in Litigation

Applying the United States Supreme Court’s standards for addressing a defendant's competence to act pro se at trial, the Indiana Supreme Court has unanimously affirmed the convictions of Ahmad Edwards, whose appeal to the U.S. Supreme Court last year established those standards.

The issue in Edwards v. State arose from Edwards’s convictions in connection with a 1999 theft and ...

On Tuesday, March 10, 2009, Democrats introduced the Employee Free Choice Act (EFCA) in both Houses of Congress. The EFCA, which has been the subject of countless debate, would amend the National Labor Relations Act and make it easier and quicker for workers to unionize.

As explained in previous e-alerts, the EFCA would do away with the traditional practice of allowing employees to ...

Posted in Litigation

Tuesday, the Indiana Court of Appeals explained the manner in which photographic evidence that must speak for itself may be admitted under the “silent witness” theory. 

In Rogers v. State, the defendant challenged his conviction for theft of property from a CVS store.  Although no one saw the incident, or could testify that the defendant took anything from the CVS store, the Indiana ...

Lawyers want to know “what’s going on” in the practice of representing lawyers. Well, not all lawyers but some ask from time to time if there are any trends. A variation of the question is something on the order of: is the Court handing out tougher sanctions or has the Disciplinary Commission become more aggressive?

Posted in Litigation

Last Friday, in Miller Brewing Co. v. Indiana Department of Revenue, the Indiana Supreme Court addressed an issue of first impression in Indiana law:  whether, and to what extent, issue preclusion applies in tax cases.

The issue in Miller Brewing arose from Indiana's taxation of a portion of the income of corporations doing business in the state, measured by the percentage of sales ...

Posted in General

With the NCAA basketball tournaments in full swing, Hoosier basketball purists are quick to point out the blueprint of the tourney, including many of the fabled monikers, can be traced to the grand old Indiana high school tournament.However, the intellectual property that goes with it, namely the catchy trademarks we hear over and over this time of year, is another story.

Posted in Litigation

Today, in Attaway v. Omega, the Indiana Court of Appeals decided an issue of first impression under Indiana law and – in the court’s view – perhaps the rest of the country.  Prior to today, litigants could look to some courts across the nation for guidance as to when personal jurisdiction exists over an out-of-state seller sued by a dissatisfied buyer, but the Indiana Court of Appeals ...

Posted in Litigation

On Thursday, the Indiana Supreme Court handed down two opinions concerning the modification of child support orders to reflect limitations on earning capacity while incarcerated, further extending the rationale it expressed in Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007). 

In Lambert, the Indiana Supreme Court held that when a court is setting an initial order for child support ...

Posted in Litigation

On Wednesday, the United States Court of Appeals for the Seventh Circuit held in Allen v. Buss that, after 15 years of legal battles, a man sentenced to death in 1988 was entitled to a court hearing to determine whether he was mentally retarded and could not be executed.

Following Allen’s sentencing in 1988, laws changed banning the execution of mentally retarded persons, but Allen’s ...

Posted in Litigation

On Wednesday, the Indiana Supreme Court issued four opinions involving judicial and attorney disciplinary proceedings.

Judicial Discipline

In In re Hawkins & Broyles, the Indiana Supreme Court concluded that Marion Superior Court Judge Grant W. Hawkins committed judicial conduct and suspended him for sixty days without pay.  The misconduct charges against Judge Hawkins stemmed ...

Posted in Litigation

Webcasts of Tuesday's Indiana Supreme Court oral arguments are now available.  Just click the links below:

Posted in Litigation

On Monday, the Indiana Court of Appeals addressed whether the act of seeking class certification enables putative class members to avoid compliance with the Wage Claims Act’s requirement that individuals first submit their claims to the Department of Labor.  The court held that it does not.

In Lemon v. Wishard Health Services, the class representative alleged that, like her, over ...

Posted in Litigation

On Tuesday, the Indiana Supreme Court issued three opinions.

In Atterholt v. Herbst, the Court addressed what proof the Indiana Patient’s Compensation Fund may submit at a trial on damages when liability has already been established by a medical service provider’s settlement with the claimant.

In Herbst, a patient was admitted to the hospital after being diagnosed with ...

Posted in Litigation

On Monday, the Indiana Court of Appeals addressed whether the act of seeking class certification enables putative class members to avoid compliance with the Wage Claims Act’s requirement that individuals first submit their claims to the Department of Labor.  The court held that it does not.

In Lemon v. Wishard Health Services, the class representative alleged that, like her, over ...

Posted in Litigation

Webcasts of Thursday's Indiana Supreme Court arguments are now available.  Just click the links below.

Helton v. State

  • See our argument preview here.
  • See the webcast here.

Williams v. Tharp

  • See our argument preview here.
  • See the webcast here.
Posted in Litigation

This week, the Indiana Supreme Court issued two Orders affecting cases in which the Court had granted transfer.

On Wednesday, March 3, the Court entered this Order granting the parties’ joint request to remand Marion County Election Board v. Schoettle to the Marion Circuit Court without prejudice, but retain jurisdiction of the case “to the extent that any subsequent appeal of a ...

Posted in Litigation

In a 3-2 opinion Wednesday, the Indiana Supreme Court held that “shopping center owners are not entitled to consequential damages from street reconfigurations that affect traffic flow through the center and prevent expansion of existing points of ingress or egress, but leave existing points in place.”

The issues in State v. Kimco of Evansville, Inc. arose after the State sought ...

Posted in Litigation

Today, the Indiana Court of Appeals addressed an issue of first impression in Indiana law:  whether a babysitter may avail himself of the parental privilege defense for disciplining a child in his care. 

In McReynolds v. State, despite the appellant having waived the issue, the Indiana Court of Appeals affirmed the trial court’s conclusion that McReynolds – who lived in the ...

Posted in Litigation

Monday, the Indiana Supreme Court, in this per curiam opinion, disbarred Indianapolis attorney Robert E. Lehman after Lehman pled guilty to one count of willfully making a false tax return.

The Court held that the conduct to which Lehman pled guilty reflected adversely on Lehman’s honesty and trustworthiness, and involved deceit and misrepresentations, violating Rules 8.4(b ...

Posted in Litigation

At 3 p.m. (EST) on Tuesday, March 3, the Indiana Court of Appeals will hear argument in Indiana Patient’s Compensation Fund v. Patrick.  The Court will hold the argument in Wabash College’s Baxter Hall.  Bingham McHale’s Anne L. Cowgur will argue the case on behalf of the Patient’s Compensation Fund.  Jerry Garau will argue on behalf of Mr. Patrick.  At issue in the case is whether a ...

Posted in Litigation

Webcasts of last week’s oral arguments are now available. Just click the links below.

Friday, February 27, 2009

R.Y. v. Indiana Department of Child Services, Indiana Supreme Court

Gunkel v. Renovations, Inc., Indiana Supreme Court

Clark v. State, Indiana Supreme Court

Thursday, February 26, 2009

Treadway v. State, Indiana Supreme Court

Gunashekar v. Grose, Indiana Supreme Court

Posted in Litigation

On Thursday, March 4, beginning at 9 a.m., the Indiana Supreme Court will hear two arguments.

In Helton v. State, the defendant pleaded guilty to possession of methamphetamine with intent to deliver after one day of trial.  He then sought post-conviction relief, arguing that he was denied the effective assistance of counsel when his trial counsel.  Helton’s petition claimed his trial ...

On February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act of 2009 (The “Stimulus Bill”). The following is a summary of provisions that you may find of interest.

Please note that many parts of this document are taken directly from the Stimulus Bill. Also note that clicking on any provision will bring you to the actual text of the bill, to the ...

As previously examined in our article “Recent Changes to COBRA Require Immediate Attention” (click here for article), President Obama signed the American Recovery and Reinvestment Act of 2009 into law on February 17, 2009. The Act provides involuntarily terminated eligible individuals with a premium reduction subsidy and requires employers to provide additional COBRA ...

The following list includes some of the actions that you, as an employer, should take to comply with the new COBRA rules enacted by the American Recovery and Reinvestment Act of 2009. As detailed in our article “Recent Changes to COBRA Require Immediate Attention,” the Act makes several significant changes to COBRA which may require your immediate attention.

• Identify all of the ...

In our last letter, we discussed the “Battle of the Forms”, where a contract is created through the process of exchanging inconsistent forms. Each party believes their form is controlling but one or both later find that not to be true. However, binding contractual obligations can arise even if no written document is ever drafted, much less signed.

Business often moves at a different ...

Background

All employers are required by law to verify the identity and employment authorization of each person they hire for employment in the United States. Form I-9 is the federal form employers are required to complete to satisfy their verification obligation.

Final Rule

Recently, the Department of Homeland Security (“DHS”) published an interim final rule revising the list ...

Kentucky taxpayers saw their fair share of legislative, administrative and judicial income tax developments in 2008. A comprehensive survey and in-depth analysis of these changes could very well fill the pages of a paperback novel, but here we’ll just try to hit some of the highlights.

The Indiana Senate has once again passed a controversial immigration bill and sent it to the House for further consideration. On February 24, 2009, the Senate approved Senate Bill 580 (“SB 580” or the “Bill”) by a vote of 37-13. The Bill is similar to a bill passed by the 2008 Senate which met strong resistance from the business community, business organizations, and immigrant ...

As the old saying goes, when a door closes, a window also opens. With the state of today’s economy, many people probably feel like doors have closed. However, there are some great "windows" now opening in the estate and gift planning areas.

The American Recovery and Reinvestment Act of 2009 (the “Act”), commonly known as “the stimulus bill,” was signed into law by President Obama on February 17, 2009. The Act includes a provision that enables unemployed workers to continue their health insurance coverage under the COBRA* continuation coverage rules with additional assistance from the federal government ...

On Wednesday, March 4, 2009, the Indiana Supreme Court held that property owners are not entitled to consequential damages for diminished traffic flows resulting from street reconfigurations or limitations imposed on a property from expanding existing points of ingress or egress.

The issues in State v. Kimco of Evansville, Inc. arose after the State sought to acquire a strip of land ...

On December 23, 2008, then President Bush signed into law the Worker, Retiree and Employer Recovery Act of 2008 (Act). The Act responds to the recent economic downturn and provides relief for certain participants and beneficiaries of employer-sponsored defined contribution plans and for companies that sponsor these plans. The Act also includes technical corrections to the Pension Protection Act of 2006 (PPA) and provides limited relief from the defined benefit pension plan funding rules enacted by the PPA.

RSS RSS Feed

Subscribe

Recent Posts

Categories

Contributors

Archives

Back to Page