Political support for Rowan County Clerk Kim Davis’s alleged fight for religious liberty is misplaced. As many have observed, she was jailed for refusing to follow a court order. Our country has a rich history of persons being jailed for such reasons while advancing a cause. Ms. Davis’ cause, however, was not a victory for religious liberty. Rather, she had been attempting to enforce her religious views on others – to make her beliefs the official view of Rowan County, … Continued
In a story that should disturb good class action attorneys and most lawyers, one of the named plaintiffs in a class action against the NCAA told reporters last week that he was never told about a proposed settlement agreement that he opposes. While class actions are complex, the rules of professional conduct are not tossed out the window, and two basic rules are that “a lawyer shall abide by a client’s decision whether to settle a matter,” Rule 1.2, and … Continued
Townsend v. Townsend, 20 N.E.3d 877 (Ind. Ct. App. 2014) is a reminder that judges, in family law cases, have almost unfettered discretion to award attorney fees – even when neither of the parties has the resources to pay the attorneys. Or perhaps it is a reminder of the infirmities of our current family law system that, too often, impoverishes parents for the benefit of attorneys and, at times, at the expense of children. In Townsend, the father had previously … Continued
Gallery notes is a blog about legal matters relevant to the practice areas of Horne Law LLC, and about other matters of interest. Publication was suspended from February 2013 through February 2015 while Terry Horne was serving as a deputy attorney general in the civil litigation section of the Office of the Indiana Attorney General.
Posted by William Horne on Jan 16, 2013 in Gallery Notes In 2012, the Indiana Supreme Court and Court of Appeals issued more than thirty decisions on various facets of Indiana family law. This is the second of a two-part post. It looks at the decisions generally interpreting substantive areas of family law. Property Division The Court of Appeals reaffirmed in two decisions that deviations from the presumption of an equal property division lie within a trial court’s discretion. In … Continued
Posted by William Horne on Jan 7, 2013 in Gallery Notes | 1 comment In 2012, the Indiana Supreme Court and Court of Appeals issued more than thirty decisions on various facets of family law. Part one of this two-part post looks at the decisions that were focused primarily on procedural rules and the interplay of Indiana family law with other law. Standard of Review Toward the end of the year, the Indiana Supreme Court admonished appellate courts not to … Continued