Appellate Practice Section
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- 03.16.2015Noteworthy Decision in Discovery Dispute Case
The recent decision by the Indiana Court of Appeals in Reed v. Cassidy addresses a very bitter discovery dispute. Find out what makes this decision particularly of interest in this post.
- 03.12.2015Harms of Non-Precedential Opinions
Check out this post to read about many of the harms of federal courts issuing non-precedential opinions.
- 03.11.2015Insurance Coverage Cases: Expected Occurrences
A recent decision from the 10th Circuit Court of Appeals discusses the issue in insurance coverage claims of whether an “occurrence” was expected or intended to occur from the standpoint of the insured. Read more here.
- 03.10.2015Restrictive Covenants May Not Protect Past Customers
In recent decisions, employers have been barred from using non-solicitation agreements to preclude former employers from soliciting business from the employer’s past customers, including those with whom the former employee had contact.
- 03.06.2015Supreme Court Hears Second Major Challenge to the ACA
Earlier this week, the United States Supreme Court heard 85 minutes of arguments relating to a second major challenge to the Affordable Care Act. Find out more in this post.
- 03.02.2015Applications Available for Court of Appeals of Indiana
Applications are now available for an upcoming vacancy on the Court of Appeals of Indiana. They are due by April 27, 2015. See this post for more details.
- 02.11.2015Apps for Attorneys in 2015
Put the "app" in "Appellate Practice" with this list of best new apps for lawyers in 2015.
- 01.29.2015Supreme Court Plans to Post Filings Online
The U.S. Supreme Court announced that it plans to make its briefs and other filings available electronically. See this post for more details.
- 12.15.2014School District Faces Trial Over School Shooting
Read more about a recent Indiana Supreme Court decision involving a lawsuit brought against a school district by the parents of two students injured during a school shooting.
- 12.09.2014Seventh Circuit Ruling Allows Catholic Teacher's In Vitro Fertilization Suit to Go Forward
The Seventh Circuit Court unanimously decided to dismiss an appeal to a case where a Catholic teacher was fired because she became pregnant through in vitro fertilization. Read more in this post.
- 12.02.2014Indiana Supreme Court to Hear Constitutional Challenge to School Busing Fees
Catch up on a case that was heard on Nov. 24 about the school busing fees in Indianapolis in this post by Todd Relue.
- 12.02.2014Search of Student Backpack that Uncovered Handgun in Indianapolis School Ruled Constitutional
On Nov. 13, the Indiana Court of Appeals ruled that a school police officer's search of a student backpack was constitutional. Read more about this case in this post by Todd Relue.
- 11.21.2014AJEI Summit Attendee Shares Experience
Tricia McMath of the Marion County Public Defender Agency received the AJEI 2014 Summit Scholarship and recently attended the summit in Dallas. Check out this post for more about her experience.
- 11.14.2014Indiana Supreme Court Declares Failure to File Agency Record Must Result in Dismissal
On November 13, the Indiana Supreme Court held that Indiana’s Administrative Orders and Procedures Act requires petitioners seeking judicial review of agency actions to file the official agency record with the trial court.
- 11.12.2014Seventh Circuit Ends 9-Year Battle Between Whirlpool and Former Supplier
In this post, Stephen Peters shares a blog that recently covered a 7th Circuit Court of Appeals' decision a case involving a "patent troll" and Whirlpool.
- 10.30.2014Just for Laughs: Supreme Court as Cats and Dogs
If you could use a funny spin on a serious topic, this post is for you. Check it out to see the Supreme Court Justices like you never have before!
- 10.15.2014Inside the Life of a Supreme Court Chief Justice: Remembering Rehnquist
Family knows you like no one else, which means you'll get an inside glimpse at Supreme Court Chief Justice Rehnquist's life if you attend Remembering Rehnquist on Oct. 23. This event features Sam Laurin, Rehnquist's nephew, as speaker.
- 10.08.2014An Attorney Goes Paperless: Using a Tablet in Appellate Law Practice
Stephen Peters shares an article that discusses how one appellate attorney has an entirely paperless practice, in large part due to his multi-functional tablet. Check out the post to read more about how technology is changing the practice of law.
- 10.07.2014Same-Sex Marriage Cases Summary: Recent U.S. Supreme Court and Seventh Circuit Actions
On Oct. 6, the U.S. Supreme Court denied the petition for writ of certiorari for the consolidated same-sex marriage cases from Indiana. On Oct. 7, the Seventh Circuit issued the mandate of its order. Read this post for a recap of the latest news by Richar
- 09.30.20147th Circuit Court Upholds Right-to-Work Law
On September 2, the Seventh Circuit Court of Appeals upheld Indiana's right-to-work law. Next, the Indiana Supreme Court will weigh in on the issue.
- 09.15.2014Proposal for Citation of Memorandum Decisions Unanimously Rejected
The Indiana Supreme Court recently rejected a proposal from three IndyBar sections that recommended memorandum decisions be allowed for citation. Professor Joel Schumm provides options for attorneys who deal with this issue.
- 09.10.2014Indiana Supreme Court Reaffirms Separate Indiana Summary Judgment Standard
A unanimous Indiana Supreme Court decision has reaffirmed the Indiana summary judgment standard. Read more in this piece by Arend J. Abel.
- 09.09.2014Indiana Files Appeal with U.S. Supreme Court
A week after the 7th Circuit Court of Appeals struck down the same-sex marriage ban in Indiana, the state has filed an appeal with the United States Supreme Court.
- 09.05.2014The Seventh Circuit Strikes Down Same-Sex Marriage Ban in Indiana
In a 3-0 decision, the U.S. Seventh Circuit Court of Appeals unanimously struck down same-sex marriage bans in Indiana and Wisconsin on September 4.
- 08.25.2014Proposal to Shorten Principal Briefs Leads to Discussion
A blog post by Howard Bashman discusses the recent proposal to shorten the maximum length of principal briefs filed in the U.S. courts of Appeals.
- 08.21.2014Public Comment Period Opens for Proposed Amendments to Federal Rules of Procedure
The public comment period for proposed amendments to the federal rules on appellate, bankruptcy, civil and criminal procedures is now open.
- 08.14.2014Indiana Appellate Institute Moots Eight Cases, Raises Thousands for Scholarships
The Indiana Appellate Institute was created in 2010 by the IndyBar Appellate Practice Section and is an invaluable resource for lawyers who have oral arguments scheduled before Indiana's appellate courts.
- 08.08.2014Class Action Arbitration Should be Decided by Courts, Says Appellate Court
A recent federal court decision rules that arbitration of class action claims is an issue for courts to decide - not arbitrators.
- 07.30.2014IndyBar Scholarship to AJEI Summit Available
The IndyBar Appellate Practice Section is excited to announce that the Jill Ellis Scholarship is available for an attorney to attend the Appellate Judges Education Institute 2014 Summit on November 13-16 in Dallas.
- 07.25.2014Indiana Supreme Court Addresses Concern Raised by Appellate Practice Section Amicus Brief
The Indiana Supreme Court’s per curiam order addressed the only concern raised by the IndyBar's Appellate Practice Section in an amicus brief supporting transfer of Drake v. Dickey.
- 07.24.2014Upcoming CLE: Roundtable and Reception with Appellate Court Judges
Join Justice Robert D. Rucker of the Indiana Supreme Court and Judge Nancy H. Vaidik of the Indiana Court of Appeals at this roundtable CLE on August 13.
- 07.16.2014Information Available About Appellate Judges on Ballot
Four appellate judges will be on the ballot this November for voters to decide whether or not to retain each of them.
- 07.09.2014Four Jurists File for Retention
Four jurists will be on the ballot this November for a 10-year term. The public will decide whether or not to retain them.
- 06.25.2014Notice of Proposed Rule Changes from the Seventh Circuit Court of Appeals
Written comments on the proposed rule changes should be sent by August 1, 2014.
- 06.10.2014Judge Baker Observes Silver Anniversary
Judge John G. Baker of the Court of Appeals of Indiana will celebrate his 25th anniversary on the court on June 2. He is the longest-serving member of the current court and the sixth longest-serving member in the court's 113-year history.
- 05.30.2014Proposed Rule Amendments: Appellate Transcripts
At the direction of the Indiana Supreme Court, the Supreme Court Rules Committee has developed proposed changes to the time table for completing transcripts for appeals.
- 05.20.2014Spotting Bad Science in Social Science Research
How do you spot bad science when using non-record social science evidence in appellate briefs? This helpful graphic and series of blog posts from The Appellate Advocacy Blog can help.
- 05.16.2014Judge Robb Honored with Distinguished Alumni Award
The Indiana University Robert H. McKinney School of Law recently honored the recipients of the school's 2014 alumni awards. Judge Margret Robb of the Indiana Court of Appeals is among three individuals who received the Distinguished Alumni Award.
- 04.30.2014Program Provides Lawyers Trial Run at Oral Argument
This article, which originally appeared in The Indiana Lawyer, showcases the Indianapolis Bar Association's Indiana Appellate Institute. The program was created by the Appellate Practice Section in 2010.
- 04.15.2014A Proposal to Allow Citations of All Indiana Appellate Opinions
Appellate Rule 65 currently prohibits lawyers from citing or relying on the nearly 75% of Indiana Court of Appeals’ opinions issued as memorandum (not-for-publication) decisions.
- 04.09.2014Indiana Court of Appeals Issues Annual Report
The Court of Appeals of Indiana disposed of 3,362 cases and issued 2,058 majority opinions last year, according to the court's 2013 Annual Report.