In the past few years, both state and federal courts in Indiana have issued opinions on the open and obvious defense. While the defense is nothing new, having some guidance in the way of published (and unpublished) decisions on it should be welcome news for both plaintiff’s attorneys trying to avert a summary-judgment motion and defense attorneys planning to file one. This article briefly explains the defense and provides some highlights on what courts have said is and is not an open and obvious condition.

In the past few years, both state and federal courts in Indiana have issued opinions on the open and obvious defense. While the defense is nothing new, having some guidance in the way of published (and unpublished) decisions on it should be welcome news for both plaintiff’s attorneys trying to avert a summary-judgment motion and defense attorneys planning to file one. This article briefly explains the defense and provides some highlights on what courts have said is and is not an open and obvious condition.

Challenges loom for a 2020 Supreme Court opinion, which sent shockwaves through the legal community when it was issued, while its collateral consequences remain unclear. Jimcy McGirt, an enrolled member of the Seminole Nation of Oklahoma, was convicted of sex crimes against a child by the state of Oklahoma that occurred within the historical Creek Nation boundaries. He argued that Oklahoma had no jurisdiction over him because the under the Major Crimes Act, any crime victim involving a Native American victim or perpetrator, or occurring within recognized reservation boundaries, is subject to federal jurisdiction, not state jurisdiction.

Challenges loom for a 2020 Supreme Court opinion, which sent shockwaves through the legal community when it was issued, while its collateral consequences remain unclear. Jimcy McGirt, an enrolled member of the Seminole Nation of Oklahoma, was convicted of sex crimes against a child by the state of Oklahoma that occurred within the historical Creek Nation boundaries. He argued that Oklahoma had no jurisdiction over him because the under the Major Crimes Act, any crime victim involving a Native American victim or perpetrator, or occurring within recognized reservation boundaries, is subject to federal jurisdiction, not state jurisdiction.

Indiana University’s requirement that all students must be vaccinated against COVID-19 unless they are exempt for religious or medical reasons will stand—for now. 

Indiana University’s requirement that all students must be vaccinated against COVID-19 unless they are exempt for religious or medical reasons will stand—for now. 

On August 3, 2021, the CDC ordered a temporary halt in residential evictions in communities with substantial or high levels of community transmission of COVID-19. 

On August 3, 2021, the CDC ordered a temporary halt in residential evictions in communities with substantial or high levels of community transmission of COVID-19. 

On November 8, 2021, the U.S. District Court for the Southern District of Indiana and the U.S. District Court for the Northern District of Indiana will both upgrade their Case Management/Electronic Case Filing Systems (CM/ECF) to the Next Generation of CM/ECF (NextGen). This upgrade will provide users with several benefits including Central Sign-On, which allows e-filing attorneys to use one PACER login and password to access any NextGen court (district, appellate, and bankruptcy) in which they practice.

On November 8, 2021, the U.S. District Court for the Southern District of Indiana and the U.S. District Court for the Northern District of Indiana will both upgrade their Case Management/Electronic Case Filing Systems (CM/ECF) to the Next Generation of CM/ECF (NextGen). This upgrade will provide users with several benefits including Central Sign-On, which allows e-filing attorneys to use one PACER login and password to access any NextGen court (district, appellate, and bankruptcy) in which they practice.