Recent Court Opinions

“You’re Going to Need a Bigger Boat”: Navigating the Uncertain Waters of Lake Law

There are many things to enjoy about spending time at a lake: teaching one’s kids to waterski, taking long pontoon boat rides, playing the Beach Boys’ greatest hits on repeat, floating around on a raft, and, of course, cornhole—Indiana’s true pastime.

Unfortunately, no matter how fast you run to your car at 4 p.m. on Friday afternoon to beat the weekend traffic or how far you travel to “your” lake, legal challenges may follow you.

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The Projected Light Message Cases: A Study in the General Erosion of Free Speech Theory

Any new practice involving communication can pose a challenge to established free speech law. A few such practices are of exceptional value in promoting a clearer understanding of free speech law and, crucially, of the increasingly important deficiencies of even our best free speech theories. The practice of projecting light messages onto targeted property is just such a practice.

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Online Exclusive: Practical Lessons from State v. IBM

Earlier this year, a trial court in Indiana ordered IBM to post a $25 million appeal bond staying execution of a $78 million judgment. The litigation arose from IBM’s breach of a contract requiring it to automate much of Indiana’s welfare services. The amounts of both the judgment and appeal bond are perhaps extraordinary. Still, the IBM case highlights lessons for attorneys requesting stays in more commonplace civil cases. 

This Article begins by explaining why a party would need to request an appeal bond and the requirements for doing so.  It then addresses how courts determine the amount to fix for such a bond. It concludes by offering some practical considerations for both defendants (judgment-debtors) and plaintiffs (judgment-creditors).

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Indiana Religious Controversies Analyzed by Former Indiana Supreme Court Justice

by Tess Anglin, 2L Note Candidate Michael DeBoer’s article Justice Brent E. Dickson, State Constitutional Interpretation, and the Religion Provisions of the Indiana Constitution, tracks Justice Dickson’s contribution to the development of Indiana constitutional law through analyzing three cases surrounding the interpretation of the religious provisions of the Indiana Constitution. With respect to each case, […]

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Civility and Efficiency Can Still Co-Exist

by Kayleigh Long, 2L Note Candidate In a political climate of gridlock where the Senate refused to act on President Obama’s nomination of Merrick Garland to the United States Supreme Court, Justice Ruth Bader Ginsburg reminded the nation of the art on how to disagree vehemently within the bounds of civility after the untimely passing […]

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The ABA and Law School Innovation

by Daniel McGregor, 2L Note Candidate Enrollment at the University of North Texas at Dallas College of Law is up despite an August proclamation against granting the school accreditation by an ABA advisory group. Hacker, Holly K., Students Flock to UNT-Dallas Law School Despite Questions About its Future, DALLASNEWS (Aug. 31, 2016), http://www.dallasnews.com/news/education/2016/08/31/students-flock-unt-dallas-law-school-despite-questions-future [https://perma.cc/Z2T4-3YTB]. This […]

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Justice Dickson’s Lasting Influence

by Kelsey Dilday, 2L Note Candidate Justice Brent E. Dickson of the Indiana Supreme Court retired on April 29, 2016, after a 30-year term. Justice Dickson is the second-longest-service Indiana Supreme Court Justice after Justice Isaac Blackford who served for more than thirty-five years in the 1800s. Indiana Supreme Court Justice Brent Dickson retiring in […]

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The Dreaded Pre-Tender Issue: Indiana Courts Should Reconsider Whether Pre-tender Costs are Recoverable

by Ryan T. Leagre (Attorney Profile) [i] Associate Plews Shadley Racher & Braun LLP 1346 N. Delaware St. Indianapolis, IN 46202-2415 (317) 637-0700 rleagre@psrb.com The ability of a policyholder to recover pre-tender costs is an evolving area of insurance coverage law. In Dreaded, Inc. v. St. Paul Guardian Insurance Company, the Indiana Supreme Court held […]

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Suddenly, Employers are Exposed to Large Jury Verdicts for their Employees’ HIPAA Violations

Hannah Kaufman Joseph (Attorney Profile) Marc A. Menkveld (Attorney Profile) Katz & Korin, P.C. 334 N. Senate Avenue Indianapolis, IN 46204 More info on the firm’s Blog, Facebook, and Twitter On November 14, 2014, the Indiana Court of Appeals upheld a $1.44 million jury verdict against Walgreen Company (“Walgreen”) for a pharmacist’s breach of privacy obligations. [1]. The […]

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Attorney (In)Competence and Discipline

John P. Higgins, attorney Indiana Supreme Court Disciplinary Commission john.higgins@courts.in.gov The Rules of Professional Conduct provide the baseline standards by which all lawyers must conduct themselves, both in their professional and (sometimes) personal lives. Violations of the Rules of Professional Conduct may serve as a basis for professional discipline, ranging anywhere from a private admonishment […]

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