Appellate Practice Section
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- 07.17.2015Message from the Chair: The Latest Section Updates
Check out this post for the latest Appellate Practice Section updates straight from chair Geoffrey Slaughter of Taft Stettinius & Hollister LLP.
- 07.17.2015Altice Selected for Court of Appeals
On Friday, July 17, Marion Superior Judge Robert R. Altice Jr. was selected to succeed Judge Ezra Friedlander on the Indiana Court of Appeals.
- 07.13.2015Ruling Could Provide Basis for Arguing That Courts Should Read Duty of Good Faith in Contracts
In the recent case of Old National Bank v. Kelly et. al. 31 N.E.2d 522, the Indiana Court of Appeals held that there was a genuine issue of fact as to whether a bank breached a duty of good faith with depositors. Read more here.
- 07.06.2015Supreme Court Rules in Wellness Case
The Supreme Court recently confirmed that parties may consent to having bankruptcy judges resolve their non-core claims. Read more here.
- 06.15.2015Team to Review How Indiana Courts Handle Unrepresented Litigations
An ad hoc assessment team has been created to review the three Supreme Court entities that predominantly focus on issues involving unrepresented litigation in Indiana.
- 06.15.2015Three Finalists selected for Court of Appeals Vacancy
Commission selects McMath, Altice and Goff as finalists for Court of Appeals vacancy.
- 06.08.2015Paper Records Preferred Over Audio-Video Transcripts
The Indiana Supreme Court has ended a pilot program for audio-video transcripts in favor of paper transcripts. Read more here.
- 06.02.20157th Circuit Rules in Solitary Confinement Case
On Friday, May 29, the 7th Circuit Court of Appeals ruled that an Indiana inmate's 30-day stint in solitary confinement didn't violate his civil rights. Read more here.
- 06.02.2015IndyBar Member Recognized for Supreme Court Argument and Ruling
Jon Laramore of Indiana Legal Services Inc. was recently recognized nationally for his argument and subsequent ruling in a United States Supreme Court case. Read more here.
- 05.18.2015Interview Times Set for Court of Appeals Applicants
All eight applicants who applied for an opening on the Court of Appeals of Indiana will be interviewed by the Judicial Nominating Commission. The interviews will take place on Wednesday, June 10 in Room 319 of the State House.
- 05.08.2015The Management of Staff by Federal Court of Appeals Judges
A research paper was recently published that aims to assess the management of court staffs by federal appeals judges. See this post for more information.
- 04.30.2015Eight Applicants for Court of Appeals of Indiana Vacancy Announced
The Judicial Nominating Commission has released the names of applicants for the upcoming Court of Appeals of Indiana vacancy. Of the applicants, six are current Indianapolis Bar Association members.
- 04.30.2015All Appellate Courts on State Case Record System
The Supreme Court announced on Wednesday, April 29 that all appellate case information will be available to the public through the state court record system, Odyssey.
- 04.22.2015NFP Decisions Cannot Be Cited - Or Can they?
Check out this post for an article by Joel Schumm on the policy for citing NFP decisions in Indiana.
- 04.09.2015Upcoming Cases and Recent Decisions
This post contains information about the Court of Appeals' upcoming hearings and most recent decisions.
- 03.30.2015U.S. Supreme Court Issues Opinion on Young v. UPS
Check out this post for two perspectives on last week's opinion from the U.S. Supreme Court in Young v. UPS.
- 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.