Last UpdatedFRI., SEPTEMBER 4, 2015 - 3:25 PM
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Law professor’s book spotlights service workers’ fight for unions

Indiana University Robert H. McKinney School of Law professor Fran Quigley's book, “If We Can Win Here: The New Front Lines of the Labor Movement,” examines how the push for higher wages and better working conditions is playing out in the very red Hoosier state.More.

Contraception mandate, again, found not to burden religious beliefs

Marilyn Odendahl
A split 7th Circuit Court of Appeals has upheld its own precedent, finding a contraception provision does not violate religious freedom. But the ruling drew a sharp, 35-page dissent from one judge.More.

With clerk jailed, same-sex Kentucky couples get marriage license

A gay couple emerged from a county clerk's office in Morehead, Kentucky, with a marriage license in hand Friday morning, embracing and crying as the defiant clerk who runs the office remained jailed for her refusal to issue the licenses because she opposed same-sex marriage.More.

Councilman sues South Bend for not defending him in lawsuit

A South Bend city council member is suing the city for not defending him in a libel case involving a wiretapping investigation.More.

In This Issue

Aug. 26-Sept. 8, 2015
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James Dimos' new leadership gig with the American Bar Association eventually will take him away from his adopted Indianapolis home of more than 30 years, but in a way, he'll be returning home. A legislative interim study committee is considering a proposal that would allow DNA to be collected from those arrested, but not yet convicted, of a felony, but concerns about constitutionality exist.  Indiana lawyers and state and federal court judges will soon mark eight centuries since Britain's King John placed his seal on the Magna Carta, which guarentees, among other things, right to a trial by jury.

Top Stories

Dimos takes key ABA post, vows to stay connected locally

James Dimos’ new leadership gig with the American Bar Association eventually will take him away from his adopted Indianapolis home of more than 30 years but, in a way, he’ll be returning home.More.

DNA proposal highlights worries over privacy

Indiana Sen. Tim Lanane and his colleagues in the Indiana Statehouse are once again wrestling with when to collect genetic material from individuals in the criminal justice system.More.

Americans with Disabilities Act turns 25

Also known as the largest civil rights act in the U.S., the ADA has resulted in gains for those with disabilities. However, there is still more work to be done.More.

Judicial luminaries to mark Magna Carta’s 800th year

A who’s who of Indiana lawyers and state and federal court judges will soon mark eight centuries since Britain’s King John relented in the face of a baron rebellion and placed his seal on the document that guaranteed, among other things, right to a trial by jury.More.

Consumers don’t have to wait for fraudulent charges

A recent ruling from the 7th Circuit Court of Appeals – the first to find that consumers do suffer harm when their credit card information is stolen – may be headed back to appellate court after the defendant retailer accused the judges of “loose thinking.”More.

TV’s ‘Shift’ suspect got shaft, but rights weren’t violated

A man who was wrongly arrested and charged with murder by Indianapolis police, whose investigation was being documented for the reality TV series “The Shift,” lost his appeal in a civil rights lawsuit against police.More.

ABA report reflects current law school innovations

Weeks after the American Bar Association approved a set of recommendations to address law student debt and educational experience, legal educators in Indiana described the recommendations as thoughtful but not necessarily different from what they are doing.More.

Prisoner’s Zantac lawsuit gives federal judges heartburn

An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.More.

Bingham partner Solada key player in zoning disputes

Mary Solada has built a reputation as one of Indianapolis’ top real estate attorneys by representing large developers on important zoning matters.More.

Focus

Law professor’s book spotlights service workers’ fight for unions

Indiana University Robert H. McKinney School of Law professor Fran Quigley's book, “If We Can Win Here: The New Front Lines of the Labor Movement,” examines how the push for higher wages and better working conditions is playing out in the very red Hoosier state.More.

Proposal would double salary threshold for exempt employees

Employment attorneys and their clients large and small are scrambling to find ways to deal with a likely change in federal regulation that could more than double the earnings threshold for workers classified as exempt from overtime.More.

Doubt means don’t: Drafting an effective social media policy

Because social media is a relatively new phenomenon, employers have been wading into uncharted territories when creating and implementing social media policies.More.

Independent contractor or employee: DOL gives guidance

In mid-July, the administrator for the Department of Labor’s wage and hour division issued an interpretation to give guidance about whether a worker is an independent contractor or an employee.More.

Opinion

Hammerle On... 'Straight Outta Compton', 'The Man from U.N.C.L.E.'

Bob Hammerle writes in regard to "The Man from U.N.C.L.E.": "Be prepared to say, 'I really enjoyed it, although I can't say I liked it.'"More.

In Brief

Study: Child sexual assault 'far too common' in Indiana

A report by the Global Health Communication Center at Indiana University-Purdue University Indianapolis states that adolescent sexual assault is “far too common” in the state.More.

Justice Boehm gets nod for special redistricting commission

Former Indiana Supreme Court Justice Ted Boehm has been given a seat on the special committee set to examine gerrymandering, a common political manipulation that he once called toxic.More.

Indiana to get $1.3M slice of Amgen settlement

Biotech drugmaker Amgen will pay $71 million to settle an investigation into illegal marketing of its drugs Aranesp and Enbrel, ending an investigation by 48 states and Washington, D.C.More.

AG seeking restitution over alleged Warsaw schools kickbacks

Indiana Attorney General Greg Zoeller is seeking nearly $1 million in restitution from a former northern Indiana school district official and a business owner who were charged with an illegal kickback scheme.More.

Former Lake County judge eyeing AG nomination

A former Lake County judge has formed a campaign committee to seek the Democratic nomination for Indiana attorney general.More.

Supreme Court Justice Sotomayor will appear at Notre Dame

Supreme Court of the United States Justice Sonia Sotomayor will take part in a moderated discussion at the University of Notre Dame in September.More.

Special Sections

Indiana Court Decisions: Aug. 5 to 18, 2015

Read recent appellate decisions from Indiana courts.More.

On The Move

On The Move-8/26/15

Read who's recently been appointed to a committee.More.

Disciplinary Actions

Disciplinary Actions-8/26/15

Read who the Indiana Supreme Court has recently suspended.More.

Bar Associations

IndyBar: CLE Series to Tackle Legal Issues Surrounding Use of Force

Throughout the past months, the debate on police use of force has intensified. But how does this national issue relate to the practice of Indy lawyers?More.

DTCI: Public access to police body-cam footage

In the wake of several highly publicized police encounters with the public leading to the death of the individuals involved, the debate over public access to police body-camera video is heating up.More.

IndyBar: 2012 IBF Grantee Continues Good Work

Each year, Teen Court reaches out to more than 600 youth and their families through multiple intervention and diversion programs, including an in-school Teen Court model.More.

When a Barking Dog is a Good Thing: Some Tips for Success for Young Lawyers

There is no shortage of sources for lawyers of all ages to receive tips on how to succeed. The tips that follow in this article are just a few that have been passed along to me by my mentors through the years.More.

IndyBar: Scholarship Available to Health Law Conference

The Indianapolis Bar Association Health Care & Life Sciences Section is pleased to announce it is offering scholarships for the American Health Lawyers Association Fundamentals of Health Law Conference, November 15-17, 2015, in Chicago.More.

IndyBar: Getting Along is Not Wrong

We set out to find examples of lawyers who model the way while providing excellent representation.More.

IndyBar: Around the Bar

Members of the bar mingled with trial and appellate-level judges from local, state and federal courts at the Indy Attorneys Network section’s annual “At the Bar with the Bench” event on Thursday, August 20.More.

DTCI: Kudos

Steven S. Hoar has been elected president of the Evansville Bar Association and Jeffrey Ahlers has been named to "The Best Lawyers in America (2016)"More.

Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.More.
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Indiana makes gains in permanent placement

The state sees improvement, but aims to do better.More.

Views shift on use of executions

What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.More.

What's next for Indiana's death penalty?

Unlike other states, Indiana has not abolished or suspended use of executions.More.

State death penalty cases averaged 17 years

When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.More.

Balancing philosophical with practical concerns regarding death penalty

Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.More.
Juvenile Justice Juvenile Justice

Tug-of-war

A last-minute change to a bill during the 2009 special session has stripped judges of their discretion regarding juvenile placements out of state by requiring them to get permission from the Department of Child Services. All three branches are reacting.

More.

Escaping execution

Exoneree joins statewide campaign calling for a death-penalty moratorium.More.

Reforms urged to prevent mistakes

Indiana explores what revisions to make to its criminal justice system.More.

Aiming for exoneration

Inmate awaits court hearingMore.

CJ: Most players in appeals acting responsibly

The Indiana chief justice said in an order that he would "smack down" judicial overreaching or overspending.More.

Bose lays off lawyers

Cuts are state's first announced publiclyMore.

Lawyer lands on feet

Attorney's job loss leads to his own legal consulting businessMore.

Mergers: Are we done yet?

2008 could be record year for law firm consolidationMore.

Tough times drive change

Attorneys see evolving legal work caused by economic woesMore.

System delivers injustice

Exonerated face new, old legal hurdles after release.More.

Counties must pay for juvenile facilities

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.More.

Teens share stories about juvenile justice experience

Two Elkhart County teens say it took incarceration to teach them a lesson.More.

Detaining questions

Funding of youth detention, alternatives draws concern.More.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.
Juvenile Justice Juvenile Justice

Improving a child's access to counsel

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

Early intervention for juveniles

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

The evolution of capital punishment

The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.More.

Enduring legal process doesn't change parents' desire for justice

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.

More.

Mental aspect of capital cases can be challenging

When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.More.

Prosecutors: money doesn't trump other factors when considering death penalty

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.More.

Recent changes impact state justice system

National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.More.

Clinic argues for man's innocence

the Indiana Supreme Court is considering whether to accept a post-conviction case on an issue some say is an important question of law relating to wrongful convictions.More.

Rising number of exonerees reflects flaws in justice system

Convicts are turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue surfacing in the nation's court system.More.

Teaming up for change

National, local experts meet in Indiana to discuss juvenile justice.More.

Indiana: Better economic climate

State's legal community successfully rising to recession-related challengesMore.

Lawyers challenge imbalance of power

Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.More.

Attorneys squeezing savings

Bar associations offer discounts, cost-cutting options for legal communityMore.

Money woes 'going to get worse'

County courts, prosecutors, public defenders face tight budgetsMore.

Indiana's legal aid in trouble?

3 legal aid providers discuss the economy's effectsMore.

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.More.

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

What's next for Indiana's juvenile system?

Indiana lags in statewide reform, but builds on localized successes.More.

'Out of the court's hands'

Lake County teen recognizes she is responsible for future in juvenile system.More.

Breach of employment contract/intentional tort
Bradley Scott Montgomery v. Danville Community School Corporation More

 

Personal injury vehicle accident
Kristie Malnar v. Ruth Black More

 

Motorcycle Accident
Garrett Minniear v. Chase King d/b/a King Masonry LLC More

 

More Trial Reports

Blogs

How do managing partners manage their social media?

Do you have a LinkedIn account? If you are a managing partner, then you most likely do, although your online presence may be begrudgingly, depending on your age.More.
 


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Opinions Sept. 4, 2015

7th Circuit Court of Appeals
Grace Schools, et al., and Diocese of Fort Wayne-South Bend, Inc., et al. v. Sylvia Mathews Burwell, et al.
14-1430-1431
Appeals from the U.S. District Court for the Northern District of Indiana
Judge Jon De Guilio
Civil. Reverses preliminary injunction in favor of the plaintiffs, preventing the federal government from enforcing the “contraceptive mandate” of the Patient Protection and Affordable Care Act. However, extends the injunction for 60 days to allow the District Court the time to address additional arguments made by the parties. Finds the accommodation does not impose a substantial burden on the plaintiffs’ religious beliefs. Judge Daniel Manion dissents, arguing nonprofits have shown accommodation violates the federal Religious Freedom Restoration Act.More.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.