Attorney Michael Ray Smith's Legal Cases

Business

Terrault v. Scheere, 200 N.E.3d 490 (Ind. App. 2022).

Dec 15, 2022

OUTCOME: Possession of the unique prototype of the Chicago Picasso awarded to my client at the trial level. The trial court's decision was upheld on appeal.

I represented the plaintiff, an art collector who bought at auction a prototype of the sculpture by Pablo Picasso that stands in Daley Plaza in Chicago. The prototype was created to assist in scaling ... up from Picasso's original 41-inch maquette to the final 60-foot sculpture. After the sale, he learned that there were some issues with the sale and that it had been sold again to another purchaser. The plaintiff sued for possession of the prototype.

Health care

Rogers v. State, 60 N.E.3d 256 (Ind. Ct. App. 2016)

Jul 26, 2016

OUTCOME: The tria court's decision denying client's motion to compel was reversed. There is no privilege in Indiana for unlicensed social workers.

The defendant in a criminal case deposed an employee of a nonprofit corporation seeking information about the alleged victim. The employee had a degree in social work and engaged in the practice of so ... cial work, but she was not licensed as a social worker. Indiana law permits volunteers or employees of nonprofit organizations to engage in the practice of social work without a license, provided they do not hold themselves out as social workers. Upon the advice of counsel for her employer, the employee of the nonprofit declined to answer certain questions based on the privilege for social workers. The defendant, represented by Michael Smith and his partner Susan Rayl, moved the court to compel her to answer. The court denied the motion and granted leave to file an interlocutory appeal. In a case of first impression, the Indiana Court of Appeals held that the Indiana statutory privilege for social workers does not extend to unlicensed social workers. The employee of the nonprofit petitioned for transfer to the Indiana Supreme Court. After holding oral argument, the Supreme Court denied transfer.

Michael Ray Smith's Legal Cases (2)

Terrault v. Scheere, 200 N.E.3d 490 (Ind. App. 2022).

Rogers v. State, 60 N.E.3d 256 (Ind. Ct. App. 2016)